Fully Paid and Non-Assessable. Any Exchangeable Preferred Unit(s) delivered pursuant to this Section 4.09 shall be validly issued, fully paid and non-assessable (except as such nonassessability may be affected by matters described in Sections 17-303, 17-607 and 17-804 of the Delaware Act), free and clear of any Encumbrances other than those arising under the Act or this Agreement or created by the holders thereof.
Appears in 3 contracts
Samples: Parent Agreement (Newmark Group, Inc.), Parent Agreement (BGC Partners, Inc.), BGC Partners, Inc.
Fully Paid and Non-Assessable. Any Exchangeable Preferred Unit(s) Units delivered pursuant to this Section 4.09 shall be validly issued, fully paid and non-assessable (except as such nonassessability may be affected by matters described in Sections 17-303, 17-607 and 17-804 of the Delaware Act), free and clear of any Encumbrances other than those arising under the Act or this Agreement or created by the holders thereof.
Appears in 2 contracts
Samples: Parent Agreement (BGC Partners, Inc.), Newmark Group, Inc.
