Examples of APP Common Stock in a sentence
APP has not at any time consented, and the holders of APP Common Stock will not permit APP to elect, to have the provisions of Section 341(f)(2) of the Code apply to it.
Except as permitted or contemplated by this Agreement, since March 31, 1997, there has not been (i) any change in the working capital, condition (financial or otherwise), assets, liabilities, reserves, business or operations of APP that has had or is reasonably likely to have a Material Adverse Effect on APP; or (ii) any declaration, setting aside or payment of any dividend or other distribution (whether in cash, stock or property) with respect to the APP Common Stock.
The APP Common Stock shall have been approved for listing on the Nasdaq National Market, subject only to official notification of issuance.
Neither APP nor any holders of APP Common Stock is a foreign person, as such term is referred to in Section 1445(f)(3) of the Code.
APP shall prepare and file the Registration Statements with the SEC, and shall use its reasonable good faith efforts to cause the Registration Statements to become effective under the Securities Act and take any action required to be taken under the applicable state Blue Sky or other securities laws in connection with the issuance of the shares of APP Common Stock upon consummation of the Merger.
Each outstanding share of APP Common Stock has been legally and validly issued and is fully paid and nonassessable, and was issued pursuant to a valid exemption from registration under (i) the Securities Act of 1933, as amended, and (ii) all applicable state securities laws.
Notwithstanding any other provision herein, no fractional shares of APP Common Stock will be issued and any Stockholder otherwise entitled to receive a fractional share of APP Common Stock as part of the Merger Consideration hereunder shall receive a cash payment in lieu thereof reflecting such Stockholder's proportionate interest in a share of APP Common Stock multiplied by the Initial Public Offering Price.
The authorized capital stock of APP consists of [20,000,000] shares of APP Common Stock, of which [2,000,000] shares are issued and outstanding and [10,000,000] shares of APP Preferred Stock, none of which are outstanding.
The authorized capital stock of APP consists of 20,000,000 shares of APP Common Stock, of which 2,000,000 shares are issued and outstanding and 10,000,000 shares of APP Preferred Stock, none of which are outstanding.
The affirmative vote of the holders of a majority of all outstanding shares of APP Common Stock and APP Series A Preferred Stock, voting together as one class, entitled to vote thereon is necessary to adopt and approve this Agreement (the “APP Stockholder Approval”).