Common use of Capitalization of Seller Clause in Contracts

Capitalization of Seller. The authorized capital stock of Seller consists of 20,000,000 shares of common stock, $1.00 par value per share and 1,500,000 shares of preferred stock, $10.00 par value per share, of which 13,971,605 shares of common stock and no shares of preferred stock are issued and outstanding, all of which issued and outstanding shares are owned beneficially and of record by Parent. Seller does not own, directly or indirectly, any capital stock, or any other investment in, any other Person (other than receivables in the ordinary course of business of the Tissue Business and other than Excluded Assets).

Appears in 2 contracts

Samples: Temporary License Agreement (Pope & Talbot Inc /De/), Agreement of Purchase and Sale (Plainwell Inc)

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Capitalization of Seller. The authorized capital stock of Seller consists of 20,000,000 25,000,000 shares of common stock, $1.00 par value per share Common Stock and 1,500,000 5,000,000 shares of preferred stock, $10.00 par value per sharePreferred Stock, of which 13,971,605 20,938,566 shares of common stock Common Stock and no 2,000 shares of preferred stock Preferred Stock are issued and outstanding, all . Seller has no other securities outstanding that would be entitled to vote on the approval of which transactions contemplated by this Agreement. The beneficial and record ownership of the issued and outstanding shares are owned beneficially and capital stock of record by Parent. Seller does not own, directly or indirectly, any capital stock, or any other investment in, any other Person (other than receivables is set forth in the ordinary course of business Section 4.04 of the Tissue Business and other than Excluded Assets)Disclosure Schedule.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cyberoptics Corp)

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Capitalization of Seller. The authorized capital stock of Seller consists of 20,000,000 1,000,000 shares of common stock, $1.00 par value per share of which 248,196 shares are issued and 1,500,000 outstanding, and 99,300 shares of preferred stock, $10.00 par value per share, 74,475 shares of which 13,971,605 shares of common stock and no shares of preferred stock are issued and outstanding, . An additional 33,500 shares of the capital stock are issuable upon the exercise of outstanding options and 177,447 shares are issuable upon the exercise of outstanding warrants. Schedule 3.30 lists the record owners of all of which issued and the outstanding shares are owned beneficially of capital stock and the outstanding options and warrants to purchase shares of record by Parent. Seller does not own, directly or indirectly, any capital stock, or any other investment in, any other Person (other than receivables in the ordinary course stock of business of the Tissue Business and other than Excluded Assets)Seller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Neoware Systems Inc)

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