Examples of Merger Partner Common Stock in a sentence
On or prior to the Closing, Mxxxxx Partner shall deliver to Public Company a properly executed certification that shares of Merger Partner Common Stock are not “U.S. real property interests” in accordance with the Treasury Regulations under Sections 897 and 1445 of the Code, together with a notice to the IRS (which shall be filed by Public Company with the IRS following the Closing) in accordance with the provisions of Section 1.897-2(h)(2) of the Treasury Regulations.
As of the date of this Agreement, (i) 91,080,000 shares of Merger Partner Common Stock were issued and outstanding, and (ii) no shares of Merger Partner Common Stock were held in the treasury of Merger Partner or by Subsidiaries of Merger Partner.
All shares of Merger Partner Common Stock that are held in treasury or by any Subsidiary of Merger Partner, any shares of Merger Partner Common Stock owned by Public Company, Merger Sub or any other Subsidiary of Public Company, immediately prior to the Effective Time shall be cancelled and shall cease to exist, and no stock of Public Company or other consideration shall be delivered in exchange therefor.