CAPITALISATION OF PROFITS. 40.1 The Board may, subject to the provisions of this Article 40.1, Article 40.2 and Article 40.3 inclusive, resolve to capitalise any undistributed profits of the Company not required for paying any preferential dividend (whether or not they are available for distribution) or any sum standing to the credit of any reserve or fund of the Company (including without limitation the Company’s share premium account and capital redemption reserve, if any) and:
Appears in 3 contracts
Samples: Business Combination Agreement (FMC Technologies Inc), Transaction Agreement (Cyberonics Inc), Transaction Agreement (Cyberonics Inc)
CAPITALISATION OF PROFITS. 40.1 41.1 The Board may, subject to the provisions of this Article 40.141.1, Article 40.2 41.2 and Article 40.3 41.3 inclusive, resolve to capitalise any undistributed profits of the Company not required for paying any preferential dividend (whether or not they are available for distribution) or any sum standing to the credit of any reserve or fund of the Company (including without limitation the Company’s share premium account and capital redemption reserve, if any) and:
Appears in 2 contracts
Samples: Shareholder Agreement (Globe Specialty Metals Inc), Business Combination Agreement (Globe Specialty Metals Inc)
