Equity of the Company. The FCC Equity Interests owned by the Seller represent one hundred percent (100%) of the equity interests in the Company. Except for the FCC Equity Interests, there are no equity interests of the Company issued, reserved for issuance or outstanding. The FCC Equity Interests are not subject to or issued in violation of any purchase option, call option, right of first refusal, preemptive right, subscription right or any similar right under any provision of agreement to which the Company is a party or otherwise bound. As of the date of this Agreement, there are not any options, warrants, rights, convertible or exchangeable securities, “phantom” stock rights, stock appreciation rights, stock-based performance units, commitments, contracts, arrangements or undertakings of any kind to which the Company is a party or by which it is bound (a) obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, directly or indirectly, additional equity interests in, or any security convertible or exercisable for or exchangeable into any equity interest in, the Company or (b) obligating the Company to issue, grant, extend or enter into, directly or indirectly, any such option, warrant, right, unit, commitment, contract, arrangement or undertaking. As of the date of this Agreement, there are not any outstanding contractual obligations of the Company to repurchase, redeem or otherwise acquire any equity interests of the Company.
Equity of the Company. (a) Set forth in Schedule 3.2(a) is a true and complete list of the general partners and limited partners and their respective percentage interests in the Company as of the date hereof. Except (i) as set forth in the Partnership Agreement, (ii) the Warrants as listed on Schedule 3.2(a) and (iii) options listed on Schedule 3.2(a) issued pursuant to the Petro Stopping Centers, L.P. 1995 Class B Limited Partnership Interests Option Plan effective July 15, 1995, there are no outstanding warrants, options, rights, securities, agreements, subscriptions, antidilution rights, first refusal rights or other commitments pursuant to which the Company is or may become obligated to issue, deliver or sell any additional interests in the Company or any of its Subsidiaries or to issue, grant, extend or enter into any such warrant, option, right, security, agreement, subscription or other commitment.
Equity of the Company. Following the execution of this Agreement, the subscribed capital of the Company, paid- in in cash, will be as follows: - ….. Class A shares at 100 Euro per share, of which ….. shares have been subscribed by X and … shares by Y; - ……. Class B shares at 110 Euro per share, subscribed by Z. The Company further authorizes the issue a number of share warrants as follows: - …. Class A shares at 100 Euro per share, allocated to X and to be exercised at any time before December 31, 2006 - …. Class A shares at 100 Euro per share, to be allocated by the Company’s Board of directors to employees of the Company, to be exercised at any time before December 31, 2006. 3 Convertible loan by Z Z agrees and commits to grant to the Company a convertible loan in the amount of ….. Euro, to be repaid over a two year period at an interest rate of 10% per annum, to be paid in arrears on a quarterly basis. Such loan will be granted on request of the Company’s Board of Directors not later than December …. Z reserves the right to convert such loan at any time into Class B shares at 110 Euro per share or alternatively to pass such shares on to a third party. In the latter case, X will have a right of first refusal to acquire such shares at the same price that is offered by a bonafide third party.
Equity of the Company. This term shall mean the total stockholders' equity of the Company, determined in accordance with generally accepted accounting principals. The amount of equity of the Company represented by any Warrant Shares held by Creditanstalt and/or its Affiliates shall be determined by subtracting from total Equity of the Company the aggregate amount distributable as a preference upon dissolution of the Company to the holders of any then outstanding shares of any class or series of preferred stock (other than the Series B Preferred Stock), dividing the balance obtained by the sum of the number of shares of Common Stock then outstanding, the number of shares of Common Stock issuable upon conversion of any Series B Preferred Stock then outstanding, and the number of shares of Common Stock that Creditanstalt and/or its Affiliates could obtain upon exercise of any Warrants, and multiplying that per share amount by the aggregate number of Warrant Shares held by Creditanstalt and/or its Affiliates.
Equity of the Company. (a) Section 2.2(a)(i) of the Disclosure Schedule sets forth as of the date hereof, for the Company, the amounts and types of its outstanding equity and the record and beneficial owners of its outstanding equity, and there are no other equity securities or ownership interests of any kind of the Company authorized, designated, issued, reserved for issuance or outstanding. All outstanding equity of the Company (x) has been duly authorized, is validly issued, fully paid and non-assessable and is not subject to, and was not issued in violation of, any purchase option, call option, transfer restriction, right of first refusal, preemptive right, subscription right or any similar right under any provision of applicable Law, the Company Charter Documents or any Contract to which the Company or any of its equity holders is a party or otherwise bound, and (y) has been offered, sold, issued and delivered by the Company in all material respects in compliance with the terms of any applicable Contract to which the Company is party, the Company Charter Documents and all applicable Laws. Except as provided in the Company Charter Documents, no profits, dividends or distributions with respect to any equity of the Company have ever been made, declared or accrued. Section 2.2(a)(ii) of the Disclosure Schedule sets forth as of the date hereof a true and complete list of all debt instruments convertible into Company Units. There is no Voting Debt of the Company. There are no Convertible Securities of the Company. Except as set forth in the Company Charter Documents and except as set forth in grant agreements to awardees for grants of profits interests in Company Units, all of which are set forth on Section 2.2(a)(iii) of the Disclosure Schedule, there are no outstanding contractual obligations of the Company to repurchase, redeem or otherwise acquire or issue any capital stock, membership interests, partnership interests, joint venture interests or other equity interests of the Company.
