Class of Shares. When issued and delivered pursuant to this Agreement, the Shares will not be of the same class (within the meaning of Rule 144A(d)(3) under the Securities Act) as securities of the Company that are listed on a national securities exchange registered under Section 6 of the Exchange Act or that are quoted in a U.S. automated inter-dealer quotation system.
Appears in 2 contracts
Sources: Preferred Stock Purchase Agreement (Hanger Orthopedic Group Inc), Preferred Stock Purchase Agreement (Ares Corporate Opportunities Fund Lp)