Common use of Delivery of Common Stock Certificates Clause in Contracts

Delivery of Common Stock Certificates. The Company shall issue and deliver to (i) Buyer and each Seller on the Closing Date and (ii) all other holders of Preferred Stock as promptly as practicable after the Closing Date, a certificate or certificates for the number of whole shares of Common Stock to which Buyer or such holder is entitled as a result of the conversion of such shares of Preferred Stock in to shares of Common Stock pursuant to the terms of the Current Certificate and this Agreement; provided, however, that each holder of such Preferred Stock has previously delivered to the Company one or more certificates representing the number of shares of such Preferred Stock so converted. To the extent shares of Company Stock owned by an Additional Seller and sold to Buyer pursuant to the terms of this Agreement constitute less than all of the Company Stock owned by such Additional Seller and subject to the Custody Agreement, one or more certificates representing the excess shares of Company Stock shall be delivered by the Custodian to such Seller pursuant to the terms of the Custody Agreement.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Idenix Pharmaceuticals Inc), Stock Purchase Agreement (Idenix Pharmaceuticals Inc)