Common use of CAPITAL STOCK OF IES Clause in Contracts

CAPITAL STOCK OF IES. The authorized capital stock of IES is as set forth in Section 1.3(ii). Immediately prior to the Closing Date and the Consummation Date, all of the issued and outstanding shares of the capital stock of IES will be as set forth in the Registration Statement, free and clear of all liens, security interests, pledges, charges, voting trusts, restrictions, encumbrances and claims of every kind other than any restrictions described in the Registration Statement. All of the issued and outstanding shares of the capital stock of IES have been duly authorized and validly issued, are fully paid and nonassessable and such shares were offered, issued, sold and delivered by IES in compliance with all applicable state and Federal laws concerning the issuance of securities. Further, none of such shares were issued in violation of the preemptive rights of any past or present Stockholder of IES.