Common use of Stockholders List Clause in Contracts

Stockholders List. The stockholders’ list of Thermal Tennis delivered to the Company on August 5, 2014 is a true and accurate copy thereof as of the date indicated thereon with the proviso that the board of directors as of that date have issued additional shares pursuant to board resolutions that had not as that date been processed through the Transfer Agent and thereby included on the list. The Transfer Agent retains in safekeeping all certificates that have been or should be canceled on the registration of transfer thereof. All of such canceled certificates have on their face in conspicuous permanent ink or perforations the word “canceled.” All of such certificates are accounted for as either canceled and in the possession of the Transfer Agent, outstanding, or unissued. To the best of Thermal Tennis’s knowledge, except for securities broker-dealers, clearing agencies, securities depositories, banks, or other securities industry entities registered with the SEC whose regular business consists of holding securities beneficially owned by others, each stockholder listed on such stockholders’ list is the beneficial owner thereof, and such stockholder is not a party to, and such stockholder’s stock is not subject to, any agreement, understanding, power-of-attorney, or other arrangement of any kind with any person who is an affiliate of Thermal Tennis or acting in concert with such affiliate under which such affiliate or person acting in concert with such affiliate has or shares investment or voting power over such securities.

Appears in 2 contracts

Sources: Merger Agreement (Thermal Tennis Inc.), Merger Agreement (Thermal Tennis Inc.)