Authorized and Issued Capital Stock Sample Clauses

Authorized and Issued Capital Stock. The authorized capital stock of the Company consists of (i) 200,000,000 shares of Common Stock and (ii) 10,000,000 shares of preferred stock, par value $0.01 per share (“Preferred Stock”). As of September 30, 2009, (i) 36,120,251 shares of Common Stock were issued and outstanding; (ii) no shares of Common Stock were held in the treasury of the Company; (iii) 2,581,501 shares of Common Stock were reserved for future issuance pursuant to outstanding stock options and other rights to purchase shares of Common Stock and vesting of restricted stock units (each, an “Option” and, collectively, the “Options”) granted under any stock option or stock-based compensation plan of the Company or otherwise (the “Stock Plans”); and (iv) no shares of Preferred Stock were issued and outstanding. The issued and outstanding shares of Common Stock of the Company and each of its Subsidiaries have been duly authorized and validly issued and are fully paid and nonassessable, and are not subject to any preemptive rights. Except as set forth in this Section 3(d), as of the date of this Agreement, no shares of capital stock or other equity securities or voting interest in the Company are issued, reserved for issuance or outstanding. Since the date of this Agreement, no shares of capital stock or other equity securities or voting interest in the Company have been issued or reserved for issuance or become outstanding, other than shares described in this Section 3(d) that have been issued upon the exercise of outstanding Options granted under the Stock Plans and other than the Offered Shares, the Unsubscribed Shares, and the Exchange Shares to be issued hereunder. Except as described in this Section 3(d), and other than the Second Amended and Restated Stockholders Agreement, dated as of June 2, 2005, neither the Company nor any of its Subsidiaries is party to or otherwise bound by or subject to any outstanding option, warrant, call, subscription or other right (including any preemptive right), agreement or commitment that (w) obligates the Company or any of its Subsidiaries to issue, deliver, sell or transfer, or repurchase, redeem or otherwise acquire, or cause to be issued, delivered, sold or transferred, or repurchased, redeemed or otherwise acquired, any shares of the capital stock of, or other equity or voting interests in, the Company or any of its Subsidiaries or any security convertible or exercisable for or exchangeable into any capital stock of, or other equity or voting inte...
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Authorized and Issued Capital Stock. (a) As of September 30, 2000, the authorized capital stock of the Company consists of (i) 150,000,000 shares of Common Stock, of which 27,873,457 shares were issued and outstanding, and (ii) 10,000,000 shares of preferred stock, par value $0.01 per share, of which no shares are issued and outstanding. Holders of the shares of Common Stock have certain rights pursuant to the terms of a Rights Agreement, dated as of December 3, 1998, between the Company and Registrar and Transfer Company, as rights agent. All of the outstanding shares of Common Stock were validly issued and are fully paid and non-assessable shares.
Authorized and Issued Capital Stock. On the Closing Date:
Authorized and Issued Capital Stock. (a) The shares of New Common Stock to be issued pursuant to the Plan, including the shares of New Common Stock to be issued in connection with the consummation of the Rights Offering and pursuant to the terms hereof, will, when issued and delivered on the Closing Date, be duly and validly authorized, issued and delivered and shall be fully paid and non-assessable, and free and clear of all Taxes, Liens (other than Transfer restrictions imposed hereunder or under the Governance Documents of Reorganized Xxxxxx, the Registration Rights Agreement or by applicable Law), preemptive rights, subscription and similar rights.
Authorized and Issued Capital Stock. (a) As of the Effective Date, the authorized capital stock of the Company will consist of two hundred fifty million (250,000,000) shares of New Common Stock and fifty million (50,000,000) shares of preferred stock, par value $0.01 per share. As of the Effective Date, (i) forty-nine million three hundred eleven thousand six hundred sixty-seven (49,311,667) shares of New Common Stock will be issued and outstanding, (ii) no shares of the preferred stock will be issued and outstanding, (iii) other than the 12.25% Warrants, no warrants to purchase shares of New Common Stock will be issued and outstanding, (iv) no shares of New Common Stock will be held by the Company in its treasury, (v) three million eight hundred eighty-eight thousand eight hundred eighty-nine (3,888,889) shares of New Common Stock will be reserved for issuance upon exercise of stock options and other rights to purchase or acquire shares of New Common Stock granted under any Company Plan, and (vi) other than shares of New Common Stock reserved for issuance upon the exercise of the 12.25% Warrants, no shares of New Common Stock will be reserved for issuance upon the exercise of warrants to purchase shares of New Common Stock.
Authorized and Issued Capital Stock. On the Effective Date, the authorized capital stock of the Company shall consist of such number of shares of New Common Stock as shall be set forth in the Amended and Restated Constituent Documents and [ ] shares of New Preferred Stock. On the Effective Date, assuming consummation of the transactions contemplated by this Agreement: (i) the only shares of New Common Stock outstanding will be the shares of New Common Stock issued as contemplated by this Agreement and the Plan; and (ii) the only shares of New Preferred Stock outstanding will be the shares of New Preferred Stock issued as contemplated by this Agreement and the Plan.
Authorized and Issued Capital Stock. The authorized capital stock of the Company consists of 79,999,997 shares of Common Stock, one share of Series A preferred stock and one share of Series B preferred stock, each with a par value of $0.01 per share, one share of a class of special stock, par value $0.01 per share, and 40,000,000 shares of a class of designation preferred stock, par value $0.01 per share. At the close of business on September 8, 2015 (the “Capital Structure Date”), (i) 24,728,471 shares of Common Stock were issued and 20,131,928 shares of Common Stock were outstanding, (ii) one share of Series A preferred stock, one share of Series B preferred stock and one share of special stock were issued and outstanding, (iii) 4,596,543 shares of Common Stock were held by the Company in its treasury, and (iv) 1,602,796 shares of Common Stock were reserved for issuance upon settlement of outstanding restricted stock units (each, an “RSU” and, collectively, the “RSUs”) granted under any stock-based compensation plan of the Company or otherwise (the “Stock Plans”). All capital stock or equity interests of each of the Company’s Subsidiaries is owned by the Company. The issued and outstanding shares of capital stock of the Company and each of its Subsidiaries have been duly authorized and validly issued and are fully paid and nonassessable, and are not subject to any preemptive rights. Except as set forth in this Section 3(d), at the close of business on the Capital Structure Date, no shares of capital stock or other equity securities or voting interest in the Company or any of its Subsidiaries were issued, reserved for issuance or outstanding. Since the close of business on the Capital Structure Date, no shares of capital stock or other equity securities or voting interest in the Company or any of its Subsidiaries have been issued or reserved for issuance or become outstanding, other than Shares described in this Section 3(d) that have been issued upon the vesting and settlement of RSUs granted under the Stock Plans and other than the shares to be issued hereunder. Other than as set forth in (i) this Section 3(d), (ii) the Employment Agreement, dated as of October 1, 2013, between the Company and Mxxxxxx Xxxxxxxxx (the “CEO Employment Agreement”) (iii) Restricted Stock Unit Agreements with other employees of the Company (to the extent not yet settled or terminated), (iv) the Company’s certificate of incorporation and (v) this Agreement, neither the Company nor any of its Subsidiaries is party...
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Authorized and Issued Capital Stock. (a) On the Closing Date, (i) the total issued capital stock of the Company will consist of the Aggregate New Common Shares plus the shares of New Common Stock issued under the Rights Offering plus the shares of New Common Stock issued in respect of the Commitment Premium pursuant to Article III, (ii) no shares of New Common Stock will be held by the Company in its treasury, (iii) no shares of New Common Stock will be reserved for issuance upon exercise of stock options and other rights to purchase or acquire shares of New Common Stock granted in connection with any employment arrangement entered into in accordance with Section 6.3, except as reserved in respect of the new management incentive plan adopted in accordance with the Restructuring Term Sheet, and (iv) no warrants to purchase shares of New Common Stock will be issued and outstanding.
Authorized and Issued Capital Stock. The entire authorized capital stock of Company consists of Ten Thousand (10,000) Shares of which SIX THOUSAND TWO HUNDRED FIFTY (6,250) Shares will be issued and outstanding after the issuance of the PVPL Shares. All of the issued and outstanding Shares have been duly authorized, are validly issued, fully paid and nonassessable and are held of record by the Company. As of the date of Closing, the Shares are owned by AAHA (5,000 Shares) and PVPL (1,250 Shares).
Authorized and Issued Capital Stock. The authorized capital stock of the Company consists of 277,333,332 shares of Common Stock, par value $0.0075 per share and 1,000,000 shares of preferred stock, par value $0.05 per share, 5,003 shares of which has been designated as Series X preferred stock and 1,539 shares of which has been designated as Series Y preferred stock. As of the close of business on November 5, 2018 (the “Capital Structure Date”), (i) 8,387,596 shares of Common Stock were issued and outstanding, (ii) 5,003 shares of Series X preferred stock were issued and outstanding, and (iii) a total of 1,683,888 shares of Common Stock were potentially issuable upon the exercise or conversion of options, warrants and other convertible securities issued by the Company. Except as set forth in the preceding sentence, there were no other shares of capital stock issued and outstanding or securities convertible into or exchangeable for shares of capital stock of the Company, in each case as of the Capital Structure Date. Since the Capital Structure Date, the Company has not issued any capital stock or securities exchangeable or convertible into capital stock of the Company, other than pursuant to stockholder-approved equity compensation plans.
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