Capitalization and Indebtedness. As of the date hereof and immediately prior to the issuance of the Series D Preferred Shares and Warrants hereunder, the authorized capital stock of the Company consists of 20,000,000 shares of Common Stock, of which as of the date hereof, 5,847,519 shares are issued and outstanding, 2,000,000 shares of Class B Common Stock (the "Class B Common Stock"), of which as of the date hereof, no shares are issued and outstanding, 2,400,000 shares of Series A Convertible Preferred Stock ("Series A Preferred Stock"), of which as of the date hereof, no shares are issued and outstanding, 1,650,000 shares of Series B Convertible Non-Voting Preferred Stock ("Series B Preferred Stock"), of which as of the date hereof, no shares are issued and outstanding, and 400,000 shares of Series C Junior Participating Preferred Stock ("Series C Preferred Stock" and collectively with the Series A Preferred Stock and Series B Preferred Stock called the "Company Preferred"), of which as of the date hereof no shares are issued and outstanding. All of the outstanding shares have been validly issued and are fully paid and nonassessable. No shares of Common Stock, Class B Common Stock, Company Preferred or Preferred Stock are subject to preemptive rights or any other similar rights or any liens or encumbrances suffered or permitted by the Company. Except as set forth on Schedule 3(c), as of the date hereof, (i) there are no outstanding options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its subsidiaries, or contracts, commitments, understandings or arrangements by which the Company or any of its subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its subsidiaries, (ii) there are no outstanding debt securities, notes, credit agreements, or other agreements, documents or instruments evidencing indebtedness of the Company or any of its subsidiaries or by which the Company or any of its subsidiaries is or may become bound and (iii) there are no agreements or arrangements under which the Company or any of its subsidiaries is obligated to register the sale of any of their securities under the 1933 Act (except the Registration Rights Agreement and the ClickShip Registration Rights Agreement). There are no securities or instruments containing anti-dilution or similar provisions that will be tr...
Capitalization and Indebtedness. The authorized capital stock of the Issuer consists of 100,000,000 shares of Issuer Common Stock of which 13,481,930 are issued and outstanding as of the date hereof without giving effect to the issuance of shares contemplated hereby or the automatic conversion of any of Issuer's convertible debt securities as a result of the transaction contemplated hereby. In accordance with the terms of the convertible securities of the Issuer set forth on Schedule 4.2 hereof, the convertible securities will by their terms be converted into not more than 19,050,000 shares of Issuer Common Stock upon the consummation of the transactions contemplated by this Agreement (the "Conversion of Indebtedness") if conversion occurs on or before January 15, 2002. Each outstanding share of Issuer Common Stock is duly authorized, validly issued, fully paid and nonassessable, without any personal liability attaching to the ownership thereof and has not been issued and is not owned or held in violation of any preemptive rights of stockholders. Except as set forth on Schedule 4.2, there is no commitment, plan or arrangement to issue, and no outstanding option, preemptive right, warrant or other right, instrument or security calling for the issuance of any share of capital stock of the Issuer or any security or other instrument which by its terms is convertible into, exercisable for or exchangeable for capital stock of the Issuer. As of the date hereof the Issuer is not in default with respect to any Indebtedness and the consummation of the transactions contemplated by this Agreement and the OAM Stock Purchase Agreement will not result in any such default. Immediately following the consummation of the transactions contemplated by this Agreement and the Conversion of Indebtedness if conversion occurs on or before January 15, 2002, the total outstanding indebtedness of the Issuer shall not be greater than $950,000, and indebtedness other than subordinated indebtedness shall not be greater than $950,000.
Capitalization and Indebtedness. As of the date hereof, the authorized capital stock of the Company consists of 100,000,000 shares of Common Stock, of which as of the date hereof, 21,705,946 shares are issued and outstanding and no shares of Preferred Stock. All of such outstanding shares have been validly issued and are fully paid and nonassessable. No shares of Common Stock are subject to preemptive rights or any other similar rights or any liens or encumbrances suffered or permitted by the Company. Except as disclosed in Schedule 3(c), as of the date hereof, (i) there are no outstanding options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its subsidiaries, or contracts, commitments, understandings or arrangements by which the Company or any of its subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its subsidiaries or options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its subsidiaries, (ii) there are no outstanding debt securities, notes, credit agreements, or other agreements, documents or instruments evidencing indebtedness of the Company or any of its subsidiaries or by which the Company or any of its subsidiaries is or may become bound and (iii) there are no agreements or arrangements under which the Company or any of its subsidiaries is obligated to register the sale of any of their securities under the 1933 Act (except the Registration Rights Agreement).
Capitalization and Indebtedness. Not applicable.
Capitalization and Indebtedness. As at 30 June 2016, the shareholders’equity of the Issuer amounted to EUR 1,852.14 million as shown in the table below; in million EUR Shareholders’ equity 1,852.14 Shareholders’ equity attributable to shareholders of the parent company 1,787.53 Capital 1,124.52 Share premium account 504.47 Reserves 123.94 Net result 34.61 Minority interests 64.61 The net result (including IAS 39 impact) as at 30 June 2016 represents a gain of EUR 22.50 million. As at 30 June 2016, the consolidated debt of the Issuer amounted to EUR 1,672.92 million as shown in the table below: in million EUR Liabilities 1,672.92 Non-current liabilities 1,246.49 Provisions 17.18 Non-current financial debts 1,094.13 Other non-current financial liabilities 99.58 Deferred taxes 35.60 Current liabilities 426.43 Current financial debts 312.04 Other current financial liabilities 18.23 Trade debts and other current debts 77.27 Accrued charges and deferred income 18.90 TOTAL SHAREHOLDERS’ EQUITY AND LIABILITIES 3,525.07 As at 30 June 2016, the consolidated financial debts of the Issuer amounted to EUR 1,406.16 million, comprising of: EUR 379,46 million in the form of non-convertible bonds: Issuer Par value (in million EUR) Issue price Coupon Issue date Maturity date Cofinimmo 140.0 100% 3.598% 26.07.2012 07.02.2020 Cofinimmo 50.0 100% 2.78% 23.10.2013 23.10.2017 Cofinimmo 190.0 100% 1.929% 25.03.2015 25.03.2022 EUR 197,33 million in the form of a bond convertible into Cofinimmo shares: Issuer Par value (in million EUR) Issue price Conversion price Coupon Issue date Maturity date
Capitalization and Indebtedness. 14 5.3 Subsidiaries..............................................15 5.4 Authorization; Enforcement; Compliance with Other Instruments...............................................15 5.5 No Conflicts..............................................16 5.6 Compliance with Applicable Law; Regulatory Permits........16 5.7
Capitalization and Indebtedness. As of the date hereof and immediately prior to the issuance of the Senior Convertible Notes hereunder, the authorized capital stock of the Company consists of 20,000,000 shares of Common Stock, of which as of the date hereof, 5,864,352 shares are issued and outstanding, 2,000,000 shares of Class B Common Stock (the "Class B Common Stock"), of which as of the date hereof, no shares are issued and outstanding, 2,400,000 shares of Series A Convertible Preferred Stock ("Series A Preferred Stock"), of which as of the date hereof, no shares are issued and outstanding, 1,650,000 shares of Series B Convertible Non-Voting Preferred Stock ("Series B Preferred Stock"), of which as of the date hereof, no shares are issued and outstanding, 400,000 shares of Series C Junior Participating Preferred Stock ("Series C Preferred Stock") of which as of the date hereof no shares are issued and outstanding and 200,000 shares of Series D Convertible Preferred Stock ("Series D Preferred Stock"), of which as of the date hereof, 200,000 shares are issued and outstanding (and collectively with the Series A Preferred Stock, Series B Preferred Stock and Series C Preferred Stock called the "Company Preferred"). All of the outstanding shares have been validly issued and are fully paid and nonassessable. No shares of Common Stock, Class B Common Stock or Company Preferred are subject to preemptive rights or any other similar rights or any liens or encumbrances suffered or permitted by the Company. Except as set forth on Schedule 3(c), as of the date hereof, (i) there are no outstanding options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its subsidiaries, or contracts, commitments, understandings or arrangements by which the Company or any of its subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its subsidiaries, (ii) there are no outstanding debt securities, notes, credit agreements, or other agreements, documents or instruments evidencing indebtedness of the Company or any of its subsidiaries or by which the Company or any of its subsidiaries is or may become bound, (iii) there are no amounts outstanding under, and there will be no amounts due upon termination of, that certain Credit Agreement between Bank of America, N.A. and the Company (the "Revolving Credit Facility"), dated a...
Capitalization and Indebtedness. As of the date hereof and immediately prior to the issuance of the Common Shares and Warrants and Additional Warrants hereunder, the authorized capital stock of the Company consists of 70,000,000 shares of Common Stock, of which as of the date hereof, 34,820,135 shares are issued and outstanding, and 10,000,000 shares of Preferred Stock, of which as of the date hereof 161,112 shares are issued or outstanding. All of the outstanding shares have been validly issued and are fully paid and nonassessable. No shares of Common Stock or Preferred Stock are subject to preemptive rights or any other similar rights or any liens or encumbrances suffered or permitted by the Company. Except as set forth on Schedule 3(c), as of the date hereof, (i) there are no outstanding options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its subsidiaries, or contracts, commitments, understandings or arrangements by which the Company or any of its subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its subsidiaries, and (ii) there are no outstanding debt securities, notes, credit agreements, or other agreements, documents or instruments evidencing indebtedness of the Company, other than trade payables incurred in the ordinary course of business or equipment lease obligation representing amounts of less than $50,000 individually or $400,000 in the
Capitalization and Indebtedness. State the main financial and credit institutions with which the applicant maintains relationships. A capitalization and indebtedness statement (separating guaranteed debt from non-guaranteed debt) as well as the identity of the major creditor (s) not older than 60 days previous to the date of the application prepared on an actual base that reflects the sale of the new securities being issued, shall be submitted. Include the contingent liabilities.
Capitalization and Indebtedness. (a) The authorized and issued stock of Chrysalis International Corporation ("Chrysalis") is as set forth in its Quarterly Report on Form 10-Q for the quarter ended June 30, 1997. All of the issued stock of each other Borrower is owned beneficially and of record by Chrysalis. All of such issued and outstanding shares of capital stock of each Borrower have been duly authorized, validly issued and are fully paid and non-assessable. Except as disclosed in the Definitive Proxy Statement of Chrysalis dated April 30, 1997, no Borrower has outstanding any rights, options, warrants, conversion rights or agreements for the purchase or acquisition from such Borrower of any shares of their capital stock.
