Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 17,500,000 shares of Company Common Stock, of which 5,726,813 shares have been issued and are outstanding as of the date of this Agreement; and
Appears in 2 contracts
Sources: Merger Agreement (Green Mountain Coffee Roasters Inc), Merger Agreement (Diedrich Coffee Inc)
Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 17,500,000 50,000,000 shares of Company Common Stock, (ii) 1,100,000 shares of which 5,726,813 shares have been issued and are outstanding as of the date of this Agreement; Series A Preferred Stock, and
Appears in 2 contracts
Sources: Merger Agreement (Celunol Corp), Merger Agreement (Diversa Corp)
Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 17,500,000 60,000,000 shares of Company Common Stock, of which 5,726,813 17,037,928 shares have been issued and are outstanding as of the date of this Agreement; andand (ii) 5,295,504 shares of Company Preferred Stock, of which 300,000 shares have been designated Series C Junior
Appears in 2 contracts
Sources: Merger Agreement (Avalon Pharmaceuticals Inc), Merger Agreement (Clinical Data Inc)
Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 17,500,000 20,000,000 Shares, of which 12,736,747 Shares were issued and outstanding as of the close of business on October 31, 2018 and 14,246 Shares were held in the treasury of the Company on October 31, 2018 and (ii) 1,000,000 shares of Company Common Preferred Stock, of which 5,726,813 no shares have been are issued and are outstanding as of the date of this Agreement; andor outstanding.
Appears in 2 contracts
Sources: Merger Agreement (Altair Engineering Inc.), Merger Agreement (Datawatch Corp)
Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 17,500,000 40,000,000 shares of Company Common StockStock (par value $0.0001 per share), of which 5,726,813 13,338,332 shares have been issued and are outstanding as of the date of this Agreement; andbeen
Appears in 1 contract
Sources: Agreement and Plan of Merger and Reorganization (Terayon Communication Systems)
Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 17,500,000 of 30,000 shares of Company Common Stockcommon stock having a par value of $1.00 per share, of which 5,726,813 1,000 shares (constituting all of the Shares) have been issued and are outstanding as outstanding. The Selling Shareholders have, and the Purchaser will acquire at the Closing, good and valid title to the Shares free and clear of any Encumbrances. All of the date of this Agreement; andShares (i) have been duly authorized and validly issued, (ii) are fully
Appears in 1 contract
Sources: Plan of Reorganization and Stock Purchase Agreement (Javelin Systems Inc)
Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 17,500,000 500,000,000 shares of Company Common Stock, of which 5,726,813 28,484,582 shares have been issued and are outstanding as of the date of this Agreement and 10,000,000 shares of Preferred Stock, none of which have been issued and are outstanding as of the date of this Agreement; . The Company holds 2,721,432 shares of its capital stock in its treasury. All of the outstanding shares of Company Common Stock have been duly authorized and validly issued, and are fully paid and
Appears in 1 contract
Sources: Merger Agreement (Cysive Inc)
Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 17,500,000 60,000,000 shares of Company Common Stock, of which 5,726,813 20,482,070 shares have been issued and are outstanding as of the date of this Agreement; andand (ii) 1,000,000 shares of Company Preferred Stock, of which no shares are outstanding. Except as set forth in Part 2.3(a)(i) of the Company Disclosure Schedule, the Company does not hold any shares of its capital stock in its treasury. All of the outstanding shares of Company Common Stock have been duly authorized and validly
Appears in 1 contract