Common use of Authorized Capital; Options, etc Clause in Contracts

Authorized Capital; Options, etc. The Company had, at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the duly authorized, issued and outstanding capitalization as set forth therein. Based on the assumptions stated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company will have on the Closing Date the adjusted stock capitalization set forth therein. Except as set forth in, or contemplated by, the Registration Statement, the Pricing Disclosure Package and the Prospectus or grants made in the ordinary course and consistent with past practice after the date hereof under any equity incentive or stock compensation plan described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, on the Effective Date, as of the Applicable Time and on the Closing Date and any Option Closing Date, there will be no stock options, warrants, or other rights to purchase or otherwise acquire any authorized, but unissued shares of Common Stock of the Company or any security convertible into or exercisable for shares of Common Stock of the Company, or any contracts or commitments to issue or sell shares of Common Stock or any such options, warrants, rights or convertible securities.

Authorized Capital; Options, etc. The Company had, at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the duly authorized, issued and outstanding capitalization as set forth therein. Based on the assumptions stated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company will have on the Closing Date the adjusted stock capitalization set forth therein. Except as set forth in, or contemplated by, the Registration Statement, the Pricing Disclosure Package and the Prospectus or grants made in the ordinary course and consistent with past practice after the date hereof under any equity incentive or stock compensation plan described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, on the Effective Date, as of the Applicable Time and on the Closing Date and any Option Closing Date, there will be no stock options, warrants, or other rights to purchase or otherwise acquire any authorized, but unissued shares of Common Stock of the Company or any security convertible into or exercisable for into shares of Common Stock of the Company, or any contracts or commitments to issue or sell shares of Common Stock or any such options, warrants, rights or convertible securities.

Authorized Capital; Options, etc. The Company had, at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the duly authorized, issued and outstanding capitalization as set forth therein. Based on the assumptions stated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company will have on the Closing Date or on the Option Closing Date, as the case may be, the adjusted stock capitalization set forth therein. Except as set forth in, or contemplated by, the Registration Statement, the Pricing Disclosure Package and the Prospectus or grants made in the ordinary course and consistent with past practice after the date hereof under any equity incentive or stock compensation plan described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, on the Effective Date, as of the Applicable Time and on the Closing Date and any Option Closing DateDate and except for shares of restricted Common Shares to be issued to Company’s U.S. counsel as a part of their legal fees, there will be no stock options, warrants, or other rights to purchase or otherwise acquire any authorized, but unissued shares of Common Stock Shares of the Company or any security convertible into or exercisable for shares any class of Common Stock Shares of the Company, or any contracts or commitments to issue or sell shares any class of Common Stock Shares or any such options, warrants, rights or convertible securities.

Authorized Capital; Options, etc. The Company had, at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the duly authorized, issued and outstanding capitalization as set forth therein, subject to change in the event of share issuance due to the exercise of unregistered options pursuant to the Company's 2005 option plan and tradable options (Series 3-5), outstanding at such time. Based on the assumptions stated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company will have on the Closing Date the adjusted stock capitalization set forth therein. Except as set forth in, or contemplated by, the Registration Statement, the Pricing Disclosure Package and the Prospectus or grants made in the ordinary course and consistent with past practice after the date hereof under any equity incentive or stock compensation plan described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, on the Effective Date, as of the Applicable Time and on the Closing Date and any Option Closing Date, there will be no stock options, warrants, or other rights to purchase or otherwise acquire any authorized, but unissued shares of Common Stock of the Company Ordinary Shares or ADSs or any security convertible into or exercisable for shares of Common Stock of the Companyinto Ordinary Shares or ADSs, or any contracts or commitments to issue or sell shares of Common Stock Ordinary Shares, ADSs or any such options, warrants, rights or convertible securities.

Authorized Capital; Options, etc. The Company had, had at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Prospectus duly authorized, issued and outstanding capitalization as set forth thereinin the Registration Statement and the Prospectus. Based on the assumptions and adjustments stated in the Registration Statement, the Pricing Disclosure Package Statement and the Prospectus, the Company will have on the Closing Date the adjusted stock capitalization set forth therein. Except as may be set forth in, or contemplated by, the Registration Statement, the Pricing Disclosure Package and the Prospectus or grants made in the ordinary course and consistent with past practice after the date hereof under any equity incentive or stock compensation plan described in the Registration Statement, the Pricing Disclosure Package Statement and the Prospectus, on the Effective Date, as of the Applicable Time Date and on the Closing Date and any Option Closing Date, there will be no stock outstanding or authorized subscriptions, options, warrants, warrants or other rights to purchase or otherwise acquire acquire, or preemptive rights with respect to the issuance or sale of any authorized, but unissued shares of Common Stock of the Company Company, including any obligations to issue any shares pursuant to anti-dilution provisions, or any security convertible into or exercisable for shares of Common Stock of the Company, or any contracts or commitments to issue or sell shares of Common Stock or any such options, warrants, rights or convertible securities. Except as may be set forth in the Registration Statement and the Prospectus, on the Effective Date and on the Closing Date, the Company will not have any then-current obligations to pay principal, interest, or other monetary obligation on any class of equity securities or debt obligation of the Company.

Authorized Capital; Options, etc. The Company had, at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the duly authorized, issued and outstanding capitalization as set forth therein. Based on the assumptions stated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company will have on the Closing Date or on the Option Closing Date, as the case may be, the adjusted stock capitalization set forth therein. Except as set forth in, or contemplated by, the Registration Statement, the Pricing Disclosure Package and the Prospectus or grants made in the ordinary course and consistent with past practice after the date hereof under any equity incentive or stock compensation plan described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, on the Effective Date, as of the Applicable Time and on the Closing Date and any Option Closing DateDate and except for shares of restricted Ordinary Shares to be issued to Company’s U.S. counsel as a part of their legal fees, if any, there will be no stock options, warrants, warrants or other rights to purchase or otherwise acquire any authorized, but unissued shares of Common Stock Ordinary Shares of the Company or any security convertible into or exercisable for shares any class of Common Stock Ordinary Shares of the Company, or any contracts or commitments to issue or sell shares any class of Common Stock Ordinary Shares or any such options, warrants, rights or convertible securities.

Authorized Capital; Options, etc. The Company had, at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the duly authorized, issued and outstanding capitalization as set forth therein, subject to change in the event of share issuances due to (i) the exercise of (unregistered) options pursuant to the Company’s equity incentive plan(s) existing at such time and exercise, conversion or exchange of warrants or option bonds and (ii) the German preemptive rights offering described in the Registration Statement, Prospectus and Pricing Disclosure Package. Based on the assumptions stated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company will have on have, following the Closing Date completion of the Company’s capital increase carried out in connection with the transactions contemplated by this Agreement and repayment of Ordinary Shares to the lender under the ADS Share Loan Agreement, the adjusted stock capitalization set forth therein. Except as set forth in, or contemplated by, the Registration Statement, the Pricing Disclosure Package and the Prospectus or grants made in the ordinary course and consistent with past practice after the date hereof under any equity incentive or stock compensation plan described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, on the Effective Date, as of the Applicable Time and on the Closing Date and any Option Closing Date, there will be no stock options, warrants, or other rights to purchase or otherwise acquire any authorized, but unissued shares of Common Stock of the Company Ordinary Shares or ADSs or any security convertible into or exercisable for shares of Common Stock of the Companyinto Ordinary Shares or ADSs, or any contracts or commitments to issue or sell shares of Common Stock Ordinary Shares, ADSs or any such options, warrants, rights or convertible securities.

Authorized Capital; Options, etc. The Company had, at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the duly authorized, issued and outstanding capitalization as set forth therein, subject to change in the event of share issuances due to (i) the exercise of (unregistered) options pursuant to the Company's equity incentive plan(s) existing at such time and exercise, conversion or exchange of warrants or option bonds and (ii) the German preemptive rights offering described in the Registration Statement, Prospectus and Pricing Disclosure Package. Based on the assumptions stated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company will have on have, following the Closing Date completion of the Company’s capital increase carried out in connection with the transactions contemplated by this Agreement and repayment of Ordinary Shares to the lender under the ADS Share Loan Agreement, the adjusted stock capitalization set forth therein. Except as set forth in, or contemplated by, the Registration Statement, the Pricing Disclosure Package and the Prospectus or grants made in the ordinary course and consistent with past practice after the date hereof under any equity incentive or stock compensation plan described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, on the Effective Date, as of the Applicable Time and on the Closing Date and any Option Closing Date, there will be no stock options, warrants, or other rights to purchase or otherwise acquire any authorized, but unissued shares of Common Stock of the Company Ordinary Shares or ADSs or any security convertible into or exercisable for shares of Common Stock of the Companyinto Ordinary Shares or ADSs, or any contracts or commitments to issue or sell shares of Common Stock Ordinary Shares, ADSs or any such options, warrants, rights or convertible securities.