Preemptive or Other Rights. The holders of common stock do not have preemptive or other subscription rights and there will be no sinking fund or redemption provisions applicable to common stock.
Preemptive or Other Rights. 1. See Schedule 2.3(A), which is incorporated herein by reference
Preemptive or Other Rights. Except as set forth on SCHEDULE 4.7 hereto, as of the Closing and after giving effect to the transactions contemplated hereby, other than rights set forth herein or in the Transaction Documents, there are (i) no preemptive rights, rights of first refusal, put or call rights or obligations or anti-dilution rights with respect to the issuance, sale or redemption of the New Notes, and (ii) no rights to have the New Notes registered for sale to the public in connection with the laws of any jurisdiction.
Preemptive or Other Rights. Except as set forth on SCHEDULE 3.7 hereto, as of the Closing Date and after giving effect to the transactions contemplated hereby, other than rights set forth herein or in the Transaction Documents, there are (i) no preemptive rights, rights of first refusal, put or call rights or obligations or anti-dilution rights with respect to any shares of the Company's Capital Stock that are triggered by the issuance, sale, or redemption or conversion of the Series D Preferred Stock, the Series E Warrant, the Series E Preferred Stock, the Units, the New Notes or the Common Stock issued or to be issued under the Management Incentive Plan, (ii) no rights to have the Company's Capital Stock registered for sale to the public in connection with the laws of any jurisdiction and (iii) no documents, instruments or agreements relating to the voting of the Company's Capital Stock or restrictions on the transfer of the Company's Capital Stock, except as contemplated by the Stockholders Agreement and the Management Incentive Plan. The shares of Series D Preferred Stock, the shares of Series E Preferred Stock issued upon exercise of the Series E Warrant and the shares of Common Stock to be issued upon conversion of the shares of Series D Preferred Stock and the Series E Preferred Stock will when delivered to the Purchaser, be duly authorized, validly issued, fully-paid and non-assessable and free and clear of all encumbrances.
Preemptive or Other Rights. 1. ABARTA, Inc. 2. ABARTA Partners I 3. Delbarta, Inc.
Preemptive or Other Rights a. Options to purchase 1,379,730 shares of Common Stock are issued and outstanding.
