Conversion and Contribution. The Conversion and Contribution shall have occurred, Buyer shall have received (i) copies of the certificate of conversion and the certificate of formation of the Company, each as filed with the Delaware Secretary of State, (ii) evidence of the formation of Newco and (iii) the Company LLC Agreement duly executed by PDC, Newco and the Company and except for the Cross Purchase Class B Units to be sold to Buyer pursuant to the Cross Purchase Agreement, there shall not be more than 9,632,024 Company Class B Exchangeable Units outstanding (and no contracts, commitments, options, warrants, calls, rights, puts, convertible securities, exchangeable securities, understandings or arrangements by which any Companies are or may be bound to issue, redeem, purchase or sell additional equity interests or securities convertible into or exchangeable for any other equity interest of any of the Companies except as provided in this Agreement, the Cross Purchase Agreement and the Company LLC Agreement).
Appears in 2 contracts
Sources: Equity Purchase Agreement (Hicks Acquisition CO II, Inc.), Equity Purchase Agreement (Paperweight Development Corp)