Capital Structure and Ownership. The capital structure and ownership of Borrower and its Subsidiaries shall be as set forth on SCHEDULE 4.1D annexed hereto.
Capital Structure and Ownership. The capital structure and ownership of Holdings and Company shall be as set forth on Schedule 4.1C annexed hereto.
Capital Structure and Ownership. The capital structure and ownership of Company and its Subsidiaries, before and immediately after giving effect to the Tender Offer and after giving effect to the Merger, shall be as set forth on Schedule 4.1B annexed hereto.
Capital Structure and Ownership. The capital structure and ownership of Borrower and Holdings, both before and after giving effect to the Acquisition, shall be as set forth on Schedule 4.1C, and shall be satisfactory to Administrative Agent and Lead Arranger.
Capital Structure and Ownership. The capital structure and ownership of Holdings and Company, after giving effect to the Recapitalization, shall be as set forth on Schedule 4.1C annexed hereto.
Capital Structure and Ownership. The capital structure and ------------------------------- ownership of Company after giving effect to the Recapitalization Transactions, shall be as set forth on Schedule 4.1Q annexed hereto. -------------
Capital Structure and Ownership. The capital structure and ------------------------------- ownership of each Borrower shall be satisfactory to the Administrative Agent and the Lenders in all respects.
Capital Structure and Ownership. The capital structure and ownership of Newco and of Company, both before and after giving effect to the Recapitalization, shall be reasonably satisfactory to Administrative Agent.
Capital Structure and Ownership. The capital structure and ownership of Company and its Subsidiaries, after giving effect to the Merger, was as set forth in SCHEDULE 4.1E annexed hereto.
Capital Structure and Ownership. Each of ERC, the LLC and each Subsidiary has authorized, issued and outstanding the number of shares of stock or other securities so indicated on Schedule 3.3 hereto. All such outstanding securities have been duly and validly issued, are fully paid and nonassessable, are owned, free and clear of all encumbrances, by the ERC Shareholders and have not been issued in violation of (a) any preemptive rights of any person or (b) applicable federal or state securities laws. No shares of any other class of capital stock or security of ERC, the LLC or any Subsidiary are outstanding. There are no outstanding options, warrants or other rights to acquire securities of ERC, the LLC or any Subsidiary, nor are there securities outstanding which are convertible into securities of ERC, the LLC or any Subsidiary. The name and residence address of each of the ERC Shareholders, and the holder of the securities of the LLC and each Subsidiary and the respective number and description of outstanding securities held by each holder are set forth on Schedule 3.3 hereto.
