Common use of Capitalization, Etc Clause in Contracts

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 Shares, of which 19,683,903 Shares (including 714,289 Company Restricted Shares) were issued and outstanding as of the close of business on January 29, 2016; and (ii) 10,000,000 shares of Company Preferred Stock, of which no shares were issued and outstanding as of the close of business on January 29, 2016. All of the outstanding Shares have been duly authorized and validly issued, and are fully-paid and nonassessable.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 200,000,000 Shares, of which 19,683,903 57,364,623 Shares (including 714,289 Company Restricted Shares) were had been issued and were outstanding as of the close of business on January 29August 24, 2016; 2017 and (ii) 10,000,000 shares of Company Preferred Stock, of which no shares were issued and outstanding as of the close of business on January 29, 2016are outstanding. All of the outstanding Shares and the outstanding equity interests of the Company’s Subsidiaries have been duly authorized and validly issued, and are fully-fully paid and nonassessable.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 495,000,000 Shares, of which 19,683,903 115,331,648 Shares (including 714,289 Company Restricted Shares) were had been issued and were outstanding as of the close of business on January 2918, 20162018; and (ii) 10,000,000 5,000,000 shares of Company Preferred Stock, of which no shares were have been issued and outstanding as of the close of business on January 29, 2016or are outstanding. All of the issued and outstanding Shares have been are duly authorized and validly issued, and are fully-fully paid and nonassessable.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 20,000,000 Shares, of which 19,683,903 12,736,747 Shares (including 714,289 Company Restricted Shares) were issued and outstanding as of the close of business on January 29October 31, 2016; 2018 and 14,246 Shares were held in the treasury of the Company on October 31, 2018 and (ii) 10,000,000 1,000,000 shares of Company Preferred Stock, of which no shares were are issued and outstanding as of the close of business on January 29, 2016. All of the outstanding Shares have been duly authorized and validly issued, and are fully-paid and nonassessableor outstanding.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 200,000,000 Shares, of which 19,683,903 32,404,757 Shares (including 714,289 Company Restricted Shares) were have been issued and or are outstanding as of the close of business on January 29, 2016the Reference Date; and (ii) 10,000,000 shares of Company Preferred Stock, none of which no shares were are issued and or outstanding as of the close of business on January 29, 2016the Reference Date. All of the outstanding Shares have been duly authorized and validly issued, and are fully-fully paid and nonassessable.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 500,000,000 Shares, of which 19,683,903 33,236,216 Shares (including 714,289 Company Restricted Shares) were have been issued and or are outstanding as of the close of business on January 29, 2016the Reference Date; and (ii) 10,000,000 20,000,000 shares of Company Preferred Stock, none of which no shares were are issued and or outstanding as of the close of business on January 29, 2016the Reference Date. All of the outstanding Shares have been duly authorized and validly issued, and are fully-fully paid and nonassessable.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 90,000,000 Shares, of which 19,683,903 Shares (including 714,289 Company Restricted Shares) were 57,176,285 shares have been issued and are outstanding as of the close of business on January 29, 2016the day immediately preceding the date of this Agreement; and (ii) 10,000,000 shares of Company Preferred Stock, Stock of which no shares were have been issued and outstanding as of the close of business on January 29, 2016or are outstanding. All of the outstanding Shares have been duly authorized and validly issued, and are fully-fully paid and nonassessable.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 Shares, of which 19,683,903 Shares (including 714,289 Company Restricted Shares) were issued and outstanding as of the close of business on January 29, 2016; and (ii) 10,000,000 25,000,000 shares of Company Preferred Common Stock, of which no 5,735,561 shares were issued and outstanding as of June22, 2007. The Company holds 6,275,561shares of its capital stock in its treasury. There are no outstanding stock appreciation rights, equity equivalents or phantom stock with respect to the close of business on January 29, 2016. All capital stock of the outstanding Shares have been duly authorized and validly issued, and are fully-paid and nonassessableCompany.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 80,000,000 Shares, of which 19,683,903 Shares (including 714,289 Company Restricted Shares) were 29,828,204 shares have been issued and are outstanding as of the close of business on January 29September 19, 20162013; and (ii) 10,000,000 20,000,000 shares of Company Preferred Stock, of which no shares were have been issued and outstanding as of the close of business on January 29, 2016or are outstanding. All of the outstanding Shares have been duly authorized and validly issued, and are fully-fully paid and nonassessable.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 155,000,000 Shares, of which 19,683,903 77,909,511 Shares (including 714,289 Company Restricted Shares) were had been issued and were outstanding as of the close of business on January 29November 12, 2016; and 2021 (ii) 10,000,000 shares of Company Preferred Stock, of which no shares were issued and outstanding as of the close of business on January 29, 2016. All of the outstanding Shares have been duly authorized and validly issued, and are fully-paid and nonassessable“Capitalization Date”).

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 90,000,000 Shares, of which 19,683,903 41,808,235 Shares (including 714,289 Company Restricted Shares) were had been issued and were outstanding as of the close of business on January 29September 25, 20162023 (the “Capitalization Date”); and (ii) 10,000,000 5,000,000 shares of Company Preferred Stock, of which no shares were issued and outstanding as of the close of business on January 29, 2016are outstanding. All of the outstanding Shares shares of the capital stock of the Company have been duly authorized and validly issued, and are fully-fully paid and nonassessable.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 200,000,000 Shares, of which 19,683,903 32,066,998 Shares (including 714,289 Company Restricted Shares) were issued and outstanding as of the close of business on January 29May 4, 2016; 2015 and (ii) 10,000,000 25,000,000 shares of Company Preferred Stock, of which no shares were issued and outstanding as of the close of business on January 29May 4, 20162015. All of the outstanding Shares have been duly authorized and validly issued, and are fully-fully paid and nonassessable.

Capitalization, Etc. (a) The authorized capital stock of the Company consists of: (i) 35,000,000 120,000,000 Shares, of which 19,683,903 48,980,204 Shares (including 714,289 Company Restricted Shares) were have been issued and or are outstanding as of the close of business on January 29, 2016the Reference Date; and (ii) 10,000,000 7,500,000 shares of Company Preferred Stock, none of which no shares were are issued and or outstanding as of the close of business on January 29, 2016the day immediately preceding the date of this Agreement. All of the outstanding Shares have been duly authorized and validly issued, and are fully-fully paid and nonassessable.