Acquirer Common Stock. The Acquirer Common Stock to be --------------------- issued in accordance with Article II and the Acquirer Common Stock to be issued in accordance with Section 6.13 of this Agreement will be validly issued, fully paid and nonassessable and not subject to preemptive rights, and will be freely tradable, except for restrictions on transfer imposed by law or required in order to preserve pooling of interests accounting treatment of the Merger.
Appears in 2 contracts
Sources: Merger Agreement (Borland International Inc /De/), Merger Agreement (Borland International Inc /De/)