Capital Structure of SpinCo. (a) As of the date hereof, the authorized capital stock of SpinCo consists of 1,000 SpinCo Shares and 100 SpinCo Shares are issued and outstanding. Immediately following the Distribution, the number of SpinCo Shares shall equal the number of shares contemplated by Section 2.04(c) of this Agreement and Section 4.02(a) of the Separation Agreement, and the number of authorized SpinCo Shares shall exceed that number.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Rhino SpinCo, Inc.), Agreement and Plan of Merger (Genuine Parts Co), Agreement and Plan of Merger (Essendant Inc)
Capital Structure of SpinCo. (a) As of the date hereof, (i) the authorized capital stock of SpinCo Spinco consists of 1,000 SpinCo Shares 100,000,000 Shares; and 100 SpinCo (ii) 500 Shares are issued and outstanding. Immediately following the Distribution, (i) the number authorized capital stock of SpinCo Spinco will consist of 100,000,000 Shares; and (ii) 100,000,000 Shares shall equal the number of shares contemplated by Section 2.04(c) of this Agreement will be issued and Section 4.02(a) of the Separation Agreement, and the number of authorized SpinCo Shares shall exceed that numberoutstanding.
Appears in 2 contracts
Samples: Merger Agreement (Dow Chemical Co /De/), Merger Agreement (Olin Corp)
Capital Structure of SpinCo. (a) As of the date hereof, the authorized capital stock of SpinCo Spinco consists of 1,000 SpinCo Spinco Shares and 100 SpinCo Spinco Shares are issued and outstanding. Immediately following the Distribution, the number of SpinCo Spinco Shares shall equal the number of shares contemplated by Section 2.04(c2.04(d) of this Agreement and Section 4.02(a) 3.03 of the Separation Agreement, and the number of authorized SpinCo Spinco Shares shall exceed that number.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lockheed Martin Corp)
