Common use of AmPaM STOCK Clause in Contracts

AmPaM STOCK. At the time of issuance thereof and delivery to the Stockholders, the AmPaM Stock to be delivered to the Stockholders pursuant to this Agreement will constitute valid, duly authorized and legally issued shares of AmPaM, fully paid and nonassessable, and with the exception of restrictions upon resale set forth in Sections 15 and 16 hereof, will be identical in all substantive respects (which do not include the form of certificate upon which it is printed or the presence or absence of a CUSIP number on any such certificate) to the AmPaM Stock issued and outstanding as of the date hereof, other than the Restricted Common Stock. The AmPaM Stock issued and delivered to the Stockholders shall at the time of such issuance and delivery be free and clear of any liens, claims or encumbrances of any kind or character. The offer and sale of the shares of AmPaM Stock to be issued to the Stockholders pursuant to this Agreement are not required to be registered under the 1933 Act; provided that the representations and warranties specified in this sentence (A) are based on information in the investor questionnaires and related purchaser representative questionnaires executed and delivered by the Stockholders of the Company and the stockholders of the Other Founding Companies, the representations and warranties of the Stockholders set forth in Section 16 hereof and the representations and warranties of the stockholders of the Other Founding Companies set forth in Section 16 of the Other Agreements and (B) are subject to the accuracy and completeness of the information contained in such investor questionnaires and related purchaser representative questionnaires and the truthfulness of such representations and warranties.