Common use of Capital Stock of the Company Clause in Contracts

Capital Stock of the Company. The authorized capital stock of the Company and each of its Subsidiaries is as set forth on Schedule 5.3(a). All of the issued and outstanding shares of the capital stock of the Company are owned by the Stockholders in the amounts set forth in Schedule 5.3(a). Except as set forth on Schedule 5.3(a), all of the issued and outstanding capital stock of each Subsidiary is owned by the Company. All of the issued and outstanding shares of the capital stock of the Company have been duly authorized and validly issued, are fully paid and nonassessable, are owned of record by the Stockholders and further, such shares were offered, issued, sold and delivered by the Company in compliance with all applicable state and Federal laws concerning the issuance of securities. Further, none of such shares were issued in violation of any preemptive rights of any past or present stockholder.

Capital Stock of the Company. The authorized capital stock of the Company and each of its Subsidiaries is as set forth on Schedule 5.3(a). All of the issued and outstanding shares of the capital stock of the Company and the Subsidiaries are owned by the Stockholders in the amounts set forth in Schedule 5.3(a). Except as set forth on Schedule 5.3(a), all of the issued and outstanding capital stock of each Subsidiary is owned by the Company. All of the issued and outstanding shares of the capital stock of the Company have been duly authorized and validly issued, are fully paid and nonassessable, are owned of record by the Stockholders and further, such shares were offered, issued, sold and delivered by the Company in compliance with all applicable state and Federal laws concerning the issuance of securities. Further, none of such shares were issued in violation of any preemptive rights of any past or present stockholder.