Common use of Capitalization; Warrants Clause in Contracts

Capitalization; Warrants. Schedule 9.18 sets forth the number of shares of Capital Stock of Borrower which are authorized and the number of such shares which are outstanding. Each outstanding share of Capital Stock is a common share and is duly authorized, validly issued, fully paid and nonassessable. Set forth in Schedule 9.18 is a complete and accurate list of all Persons who are record and beneficial owners of the Capital Stock of Borrower. All warrants, subscriptions, options, instruments, rights and agreements under which any shares of Capital Stock of Borrower are or may be redeemed, retired, converted, encumbered, bought, sold or issued are described in Schedule 9.18. The Shareholders Agreement is in the same form attached to the Merger Agreement.

Capitalization; Warrants. Schedule 9.18 sets forth the number of shares of Capital Stock of Borrower which are authorized and the number of such shares which are outstanding. Each outstanding share of Capital Stock is a common share and is duly authorized, validly issued, fully paid and nonassessable. Set forth in Schedule 9.18 is a complete and accurate list of all Persons who are record and beneficial owners of the Capital Stock of Borrower. All warrants, subscriptions, options, instruments, rights and agreements under which any shares of Capital Stock of Borrower are or may be redeemed, retired, converted, encumbered, bought, sold or issued are described in Schedule 9.18. The Shareholders Agreement is in the same form attached to the Merger Agreement.

Capitalization; Warrants. Schedule 9.18 sets forth the number of shares of Capital Stock of each Borrower which are authorized and the number of such shares which are outstanding. Each outstanding share of Capital Stock is a common share and is duly authorized, validly issued, fully paid and nonassessable. Set forth in Schedule 9.18 is a complete and accurate list of all Persons who are record and beneficial owners of 20% or more of the Capital Stock of Borrowereach Borrower and of Xxxxxx-Xxxx Funding III, LLC. All warrants, subscriptions, options, instruments, rights and agreements under which any shares of Capital Stock of any Borrower are or may be redeemed, retired, converted, encumbered, bought, sold or issued are described in Schedule 9.18. The Shareholders Agreement is in the same form attached to the Merger Agreement.

Capitalization; Warrants. Schedule 9.18 sets forth the number of shares of Capital Stock of Borrower Borrowers which are authorized and the number of such shares which are outstanding. Each outstanding share of Capital Stock is a common share and is duly authorized, validly issued, fully paid and nonassessable. Set forth in Schedule 9.18 is a complete and accurate list of all Persons who are record and beneficial owners of the Capital Stock of BorrowerBorrowers. All warrants, subscriptions, options, instruments, rights and agreements under which any shares of Capital Stock of Borrower Borrowers are or may be redeemed, retired, converted, encumbered, bought, sold or issued are described in Schedule 9.18. The Shareholders Agreement is in the same form attached to the Merger Agreement.