Common use of Authorized and Issued Capital Stock Clause in Contracts

Authorized and Issued Capital Stock. On the Effective Date, the authorized capital stock of the Company shall consist of such number of shares of New Common Stock as shall be set forth in the Amended and Restated Constituent Documents and [ ] shares of New Preferred Stock. On the Effective Date, assuming consummation of the transactions contemplated by this Agreement: (i) the only shares of New Common Stock outstanding will be the shares of New Common Stock issued as contemplated by this Agreement and the Plan; and (ii) the only shares of New Preferred Stock outstanding will be the shares of New Preferred Stock issued as contemplated by this Agreement and the Plan.

Authorized and Issued Capital Stock. On the Effective Date, the authorized capital stock of the Company shall consist of such number of shares of New Common Stock and such number of shares of New Preferred Stock as shall be set forth in the Amended and Restated Constituent Documents and [ ] shares of New Preferred Stock. On the Effective Date, assuming consummation of the transactions contemplated by this Agreement: (i) the only shares of New Common Stock outstanding will be the shares of New Common Stock issued as contemplated by this Agreement and the Plan; and (ii) the only shares of New Preferred Stock outstanding will be the shares of New Preferred Stock issued as contemplated by this Agreement and the Plan.