Shares and Shareholders. As of the first Disbursement Date, (i) Borrower’s entire issued and outstanding capital stock consists of the shares owned both beneficially and of record by the Persons and in the amounts set forth in Schedule 5.4, and (ii) except as set forth on Schedule 5.4, there are no outstanding options, warrants or rights to purchase, nor any agreement for the subscription, purchase or acquisition of, any shares of the capital stock of Borrower or of any of the Subsidiaries.
Appears in 2 contracts
Sources: Credit Agreement (Nexx Systems Inc), Credit Agreement (Nexx Systems Inc)