Common use of LANDCARE STOCK Clause in Contracts

LANDCARE STOCK. At the time of issuance thereof and delivery to the Stockholders, the LandCARE Stock to be delivered to the Stockholders pursuant to this Agreement will constitute valid and legally issued shares of LandCARE, fully paid and nonassessable, and with the exception of restrictions upon resale set forth in Sections 15 and 16 hereof, will be identical in all substantive respects (which do not include the form of certificate upon which it is printed or the presence or absence of a CUSIP number on any such certificate) to the LandCARE Stock issued and outstanding as of the date hereof by reason of the provisions of the Delaware GCL. Except as set forth above, the LandCARE Stock issued and delivered to the Stockholders shall at the time of such issuance and delivery be free and clear of any liens, security interests, claims or encumbrances of any kind or character. The shares of LandCARE Stock to be issued to the Stockholders pursuant to this Agreement will not be registered under the 1933 Act except as provided in Section 17 hereof.