Common use of Capitalization of Company Clause in Contracts

Capitalization of Company. On the Initial Borrowing Date, the capitalization of Company will be as set forth on Schedule 6.14 hereto. All outstanding shares of Capital Stock of Company have been duly authorized and validly issued and are fully paid and non-assessable. Except as set forth on Schedule 6.14, no authorized but unissued or treasury shares of Capital Stock of Company are subject to any option, warrant, right to call or commitment of any kind or character. A complete and correct copy of each of the Organizational Documents of Company in effect on the date of this Agreement and the Initial Borrowing Date has been delivered to Administrative Agent. Company has no outstanding stock or securities convertible into or exchangeable for any shares of its Capital Stock, or any rights issued to any Person (either preemptive or other) to subscribe for or to purchase, or any options for the purchase of, or any agreements providing for the issuance (contingent or otherwise) of, or any calls, commitments or claims of any character relating to any of its Capital Stock or any stock or securities convertible into or exchangeable for any of its Capital Stock (other than as set forth in the Organizational Documents of Company). Neither Company nor any of its Subsidiaries is subject to any obligation (contingent or otherwise) to repurchase or otherwise acquire or retire any shares of its Capital Stock or any convertible securities, rights or options of the type described in the preceding sentence.