Acquiror Capitalization. (a) The authorized capital stock of Acquiror currently consists exclusively of: (i) 100,000,000 shares of Acquiror Common Stock, of which, as of the date of this Agreement (the “Acquiror Capitalization Date”), 55,236,093 shares were issued and outstanding, and 2,880,876 shares were held in the treasury of Acquiror; and (ii) 1,000,000 shares of Acquiror’s preferred stock, $0.001 par value per share (the “Acquiror Preferred Stock”), of which no shares were issued and outstanding as of the Acquiror Capitalization Date. Acquiror does not have outstanding any bonds, debentures, notes or other debt obligations having the right to vote (or convertible into, or exchangeable for, securities having the right to vote) with the stockholders of Acquiror on any matter. All of the issued and outstanding shares of Acquiror Capital Stock have been, and those shares of Acquiror Common Stock to be issued pursuant to the Merger will be, duly authorized and validly issued and fully paid, nonassessable and free of preemptive rights. Acquiror’s securities are not listed, or quoted, for trading on any U.S. domestic or foreign securities exchange, other than the Nasdaq Global Select Market and Acquiror satisfies all of the quantitative maintenance criteria of the Nasdaq Global Select Market.
Acquiror Capitalization. The authorized capital stock of Acquiror consists exclusively of: (a) 30,000,000 common shares, $.01 par value per share, of which (i) 20,072,442 shares were duly issued and outstanding, fully paid and non-assessable; (ii) 964,935 shares were issuable under the outstanding option agreements described on Schedule 5.5; and (iii) 664,707 shares were held by Acquiror as treasury stock, all as of December 31, 1997; and (b) 1,000,000 preferred shares, no par value per share, none of which shares is issued or outstanding, but 300,000 of which are reserved for issuance under the Rights Plan. Except as set forth in this Section: (x) there are no unexpired or pending preemptive rights with respect to any shares of capital stock of Acquiror; (y) there are no outstanding securities of Acquiror which are convertible into or exchangeable for any shares of Acquiror's capital stock; and (z) Acquiror is not a party to any Contract relating to the issuance, sale or transfer of any equity securities or other securities of Acquiror. None of the shares 33 of Acquiror Common Stock were issued in violation of any federal or state securities laws or any other Legal Requirement. Acquiror does not own or have any Contract to acquire, any equity securities or other securities of any Person or any direct or indirect equity or ownership interest in any other business except as set forth on Schedule 5.5.
Acquiror Capitalization. (a) The authorized capital stock of Acquiror currently consists exclusively of: (i) 30,000,000 shares of Acquiror Common Stock, $1.00 par value per share, of which, as of September 30, 2021 (the “Acquiror Capitalization Date”), 17,208,077 shares were issued and outstanding, and no shares were held in the treasury of Acquiror; and (ii) 2,000,000 shares of Acquiror’s preferred stock, $1.00 par value per share (the “Acquiror Preferred Stock”), of which no shares were issued and outstanding as of the Acquiror Capitalization Date. Acquiror does not have outstanding any bonds, debentures, notes or other debt obligations having the right to vote (or convertible into, or exchangeable for, securities having the right to vote) with the stockholders of Acquiror on any matter. All of the issued and outstanding shares of Acquiror Capital Stock have been, and those shares of Acquiror Common Stock to be issued pursuant to the Merger will be, duly authorized and validly issued and fully paid, nonassessable and free of preemptive rights. Acquiror’s securities are not listed, or quoted, for trading on any U.S. domestic or foreign securities exchange, other than the Nasdaq Capital Market and Acquiror satisfies all of the quantitative maintenance criteria of the Nasdaq Capital Market.
Acquiror Capitalization. (a) The authorized capital stock of Acquiror currently consists exclusively of: (i) 50,000,000 shares of Acquiror Common Stock, of which, as of September 30, 2015 (the “Acquiror Capitalization Date”), 5,733,919 shares were issued and outstanding, and 409,770 shares were held in the treasury of Acquiror; and (ii) 600,000 shares of Acquiror’s preferred stock, $0.01 par value per share (the “Acquiror Preferred Stock”), of which: (x) 15,000 shares were designated as Series B Nonvoting Noncumulative Perpetual Preferred Stock, 8,000 of which were issued and outstanding; (y) 15,000 shares were designated as Noncumulative Perpetual Preferred Stock, Series C, 15,000 of which were issued and outstanding; and (z) 570,000 shares were not designated nor outstanding as of the Company Capitalization Date. Acquiror does not have outstanding any bonds, debentures, notes or other debt obligations having the right to vote (or convertible into, or exchangeable for, securities having the right to vote) with the shareholders of Acquiror on any matter. All of the issued and outstanding shares of Acquiror Capital Stock have been, and those shares of Acquiror Common Stock to be issued pursuant to the Merger will be, duly authorized and validly issued and fully paid and nonassessable.
Acquiror Capitalization. (a) The authorized capital stock of Acquiror currently consists exclusively of: (i) 35,000,000 shares of Acquiror Common Stock, of which 15,517,769 shares were issued and outstanding as of January 25, 2017 (the "Acquiror Capitalization Date"); and (ii) 4,000,000 shares of Acquiror's preferred stock, par value $2.00 per share (the "Acquiror Preferred Stock"), of which no shares were issued and outstanding as of the Acquiror Capitalization Date. Acquiror does not have outstanding any bonds, debentures, notes or other debt obligations having the right to vote (or convertible into, or exchangeable for, securities having the right to vote) with the shareholders of Acquiror on any matter. All of the issued and outstanding shares of Acquiror Common Stock have been validly issued and are fully paid and nonassessable, and none of such shares were issued in violation of, or without compliance with, any preemptive rights.
Acquiror Capitalization. (a) The authorized capital stock of Acquiror consists exclusively of: (i) 30,000,000 shares of Acquiror Common Stock, of which, as of the date hereof (the “Acquiror Capitalization Date”), 12,221,107 shares are issued and outstanding, and 242,374 shares are held in the treasury of Acquiror; and (ii) 500,000 shares of Acquiror’s preferred stock, no par value per share (the “Acquiror Preferred Stock”), of which no shares are issued and outstanding as of Acquiror Capitalization Date. Acquiror does not have outstanding any bonds, debentures, notes or other debt obligations having the right to vote (or convertible into, or exchangeable for, securities having the right to vote) with the shareholders of Acquiror on any matter. All of the issued and outstanding shares of Acquiror Capital Stock have been, and those shares of Acquiror Common Stock to be issued pursuant to the Merger will be, duly authorized and validly issued and fully paid, nonassessable and free of preemptive rights. Acquiror’s securities are not listed, or quoted, for trading on any U.S. domestic or foreign securities exchange, other than the Nasdaq Global Select Market and Acquiror satisfies all of the quantitative maintenance criteria of the Nasdaq Global Select Market.
Acquiror Capitalization. Acquiror's authorized capital stock consists of one thousand (1,000) shares of common stock, par value $.01 per share, of which one hundred (100) shares are issued and outstanding, all of which are validly issued, fully paid and non-assessable. Except for this Agreement, there are no options, warrants, preemptive rights, conversion privileges or other contracts which give any Person or entity the right to acquire any capital stock of Acquiror or any interest therein. Quick & Rxxxxx is the beneficial and record owner of all of the outstanding shares of common stock of Acquiror, free and clear of all Encumbrances.
Acquiror Capitalization. (a) The authorized capital stock of Acquiror currently consists exclusively of: (i) 15,000,000 shares of Acquiror Common Stock, of which, on the date of this Agreement (A) 8,351,589 shares are duly issued and outstanding, fully paid and non-assessable, (B) 338,809 shares are held in the treasury of Acquiror, and (C) 491,643 shares have been reserved for issuance 37 in respect of outstanding stock options that have been or may be granted under the Acquiror Stock Option Plan; and (ii) 500,000 shares of Acquiror Preferred Stock, none of which were outstanding on the date of this Agreement.
Acquiror Capitalization. (a) As of the Agreement Date, the authorized capital stock of the Acquiror consists of 200,000,000 million shares of Acquiror Common Stock, 10,000,000 shares of Acquiror Preferred Stock and 12,500 shares of Acquiror UA Preferred Stock. As of the Agreement Date, (i) 70,810,631 shares of Acquiror Common Stock have been issued and are outstanding and 129,189,369 shares of Acquiror Common stock are held in treasury, (ii) no shares of Acquiror Preferred Stock have been issued or are outstanding, and (iii) 12,500 shares of Acquiror UA Preferred Stock have been issued and are outstanding.
Acquiror Capitalization. (a) As of the date hereof, the authorized capital stock of Acquiror consists of 20,000,000 shares of Acquiror Common Stock, of which 10,000,000 shares are issued and outstanding. As of the date hereof, all of the issued and outstanding shares of Acquiror Common Stock are held beneficially and of record by Founder (such shares, the “Original Founder Shares”).
