Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares of the authorized capital stock of the corporation held in the corporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Palomar Medical Technologies Inc), Agreement and Plan of Merger (Infinity Pharmaceuticals, Inc.), Agreement and Plan of Merger (Infinity Pharmaceuticals, Inc.)
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares of the authorized capital stock of the corporation Corporation held in the corporationCorporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (General Electric Co), Agreement and Plan of Merger (Oaktree Acquisition Corp.), Limited Liability Company Agreement (Baker Hughes Inc)
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 5 contracts
Samples: Loan and Security Agreement (Halozyme Therapeutics Inc), Agreement and Plan of Merger (California Micro Devices Corp), Agreement and Plan of Merger (WestRock Co)
Issuance of Stock. Subject Unless otherwise voted by the stockholders and subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (CinCor Pharma, Inc.), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Stock Purchase Agreement
Issuance of Stock. Subject to the provisions of the Certificate of IncorporationIncorporation and applicable law, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares of the authorized capital stock of the corporation Corporation held in the corporationCorporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Impax Laboratories Inc), Business Combination Agreement (Atlas Holdings, Inc.)
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares of the authorized capital stock of the corporation Corporation held in the corporationCorporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Workstream Inc), Agreement and Plan of Merger (Workstream Inc)
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation Corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Issuance of Stock. Subject Unless otherwise voted by the stockholders and ----------------- subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation Corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Issuance of Stock. Subject Unless otherwise voted by the stockholders and subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares of the authorized capital stock of the corporation held in the corporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Robcor Properties Inc)
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine. SECTION 4.02.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Kapstone Paper & Packaging Corp)
Issuance of Stock. Subject Unless otherwise voted by the stockholders and ----------------- subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Issuance of Stock. Subject to applicable law and the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares of the authorized capital stock of the corporation held in the corporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
