APP Common Stock definition

APP Common Stock shall have the meaning set forth in the recitals to this Agreement.
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Examples of APP Common Stock in a sentence

  • 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.

  • 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.

  • 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.

  • The APP Common Stock shall have been approved for listing on the Nasdaq National Market, subject only to official notification of issuance.

  • 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.

  • 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.

  • 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.

  • 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 transactions contemplated hereby.

Related to APP Common Stock

  • Newco Common Stock means the common stock, par value $.01 per share, of Newco.

  • New Common Stock means shares of Common Stock and/or securities convertible into, and/or other rights exercisable for, Common Stock, which are offered or sold in a New Transaction.

  • Holdings Common Stock means the common stock, par value $0.01 per share, of Holdings.

  • Pubco Common Stock means all classes and series of common stock of Pubco, including the Class A Common Stock and Class B Common Stock.

  • Old Common Stock means the Company's common stock, par value $.01 per share, outstanding as of the date of the Company's filing of the petition commencing the Chapter 11 Case.

  • SpinCo Common Stock means the common stock, par value $0.01 per share, of SpinCo.

  • Series A Common Stock means the Series A Common Stock, par value $0.01 per share, of the Company.

  • Company Common Stock means the common stock, par value $0.01 per share, of the Company.

  • Common Stock means the common stock of the Company.

  • Amalco Common Shares means common shares in the capital of Amalco;

  • Merger Sub Common Stock means the common stock, par value $0.01 per share, of Merger Sub.

  • Target Common Stock means the common stock, $.0001 par value per share, of Target.

  • Class A Common Stock means the Class A common stock, par value $0.01 per share, of the Company.

  • Series B Common Stock means the Series B Common Stock, par value $0.01 per share, of the Company.

  • Parent Common Stock means the common stock, par value $0.01 per share, of Parent.

  • Class B Common Stock means the Class B Common Stock, par value $0.01 per share, of the Company.

  • Common Shares means the common shares in the capital of the Corporation;

  • Company Stock means, collectively, the Company Common Stock and the Company Preferred Stock.

  • Underlying Common Stock means the Common Stock into which the Notes are convertible or issued upon any such conversion.

  • Existing Common Stock means shares of common stock of Delphi that are authorized, issued, and outstanding prior to the Effective Date.

  • Voting Common Stock means the voting common stock, par value $0.01 per share, of the Company.

  • Fully-Diluted Common Stock means the aggregate of all outstanding Common Stock as of the date hereof, plus all shares of Common Stock issuable upon the exercise or conversion of securities exercisable for, or convertible into, shares of Common Stock of the Company which securities are outstanding or issuable as of the date hereof.

  • Acquiror Common Stock means the common stock, par value $0.001 per share, of Acquiror.

  • Class C Common Stock means the Class C Common Stock, par value $0.01 per share, of the Company.

  • Purchaser Common Stock means the common stock, par value $0.01 per share, of Purchaser.

  • Seller Common Stock means the common stock, par value $0.01 per share, of Seller.