Common use of The Company Capital Stock Clause in Contracts

The Company Capital Stock. The Company agrees that it will cause the Merger Shares at the Effective Time pursuant to Section 1.6(b) to be available for such purposes. The Company further covenants that at the Closing, and including the issuance of the Merger Shares and the retirement and cancellation of 5,000,000 shares of Common Stock by the Company, following the Split there will be no more than 38,000,000 shares of the Common Stock, 3,000,000 shares of Series A Preferred Stock and 250,000 shares of Series B Preferred Stock issued and outstanding, and that no other common or preferred stock or equity securities or any options, warrants, rights or other agreements or instruments convertible, exchangeable or exercisable into common or preferred stock or other equity securities shall be issued or outstanding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Leafbuyer Technologies, Inc.)

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The Company Capital Stock. The Company agrees that it will cause the Merger Shares at the Effective Time pursuant to Section 1.6(b) to be available for such purposes. The Company further covenants that at the Closing, and including the issuance of the Merger Shares and Shares, the retirement and cancellation of 5,000,000 shares of Common Stock by sold in the Company, following “Offering” and the Split retirement of the debt and conversion of the Preferred Stock in the Reorganization (as those terms are defined herein) there will be no more than 38,000,000 approximately 40,000,000 shares of the Common Stock, 3,000,000 shares of Series A Preferred Stock and 250,000 shares of Series B Preferred Stock issued and outstanding, and that that, no other common or preferred stock or equity securities or any options, warrants, rights or other agreements or instruments convertible, exchangeable or exercisable into common or preferred stock or other equity securities shall be issued or outstanding.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Evans Brewing Co Inc.)

The Company Capital Stock. The Company agrees that it will cause the Merger Shares at the Effective Time pursuant to Section 1.6(b) to be available for such purposes. The Company further covenants that at the Closing, and including the issuance of the Merger Shares and Shares, the retirement and cancellation of 5,000,000 shares of Common Stock by sold in the Company, following “Offering” and taking into account the Split retirement of approximately 15,000,000 shares of Common Stock (the “Reorganization”) there will be no more than 38,000,000 approximately 40,900,000 shares of the Common Stock, 3,000,000 shares of Series A Preferred Stock and 250,000 shares of Series B Preferred Stock issued and outstanding, and that that, except as set forth herein, no other common or preferred stock or equity securities or any options, warrants, rights or other agreements or instruments convertible, exchangeable or exercisable into common or preferred stock or other equity securities shall be issued or outstanding.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Freight Solution Inc)

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The Company Capital Stock. The Company agrees that it will cause the Merger Shares at the Effective Time pursuant to Section 1.6(b) to be available for such purposes. The Company further covenants that at the Closing, and including the issuance of the Merger Shares and Shares, the retirement and cancellation of 5,000,000 shares the Exchange Shares and the effectuation of Common Stock by the Company, following the Reverse Split there on a 1 for 10 or 1 to 15 basis. There will be no more than 38,000,000 approximately 26,203,034 shares of the I-On Common Stock, 3,000,000 shares of Series A Preferred Stock and 250,000 shares of Series B Preferred Stock issued and outstanding, and that that, no other common or preferred stock or equity securities or any options, warrants, rights or other agreements or instruments convertible, exchangeable or exercisable into common or preferred stock or other equity securities shall be issued or outstanding.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (I-on Digital Corp.)

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