Common use of CERTAIN INFORMATION WITH RESPECT TO THE Clause in Contracts

CERTAIN INFORMATION WITH RESPECT TO THE. CAPITAL STOCK OF THE COMPANY, CSI AND NEWCO. The respective designations and numbers of outstanding shares and voting rights of each class of outstanding capital stock of the COMPANY, CSI and NEWCO as of the date of this Agreement are as follows: (i) as of the date of this Agreement, the authorized and outstanding capital stock of the COMPANY is as set forth on Schedule 5.3 hereto; (ii) immediately prior to the Funding and Consummation Date, the authorized capital stock of CSI will consist of 50,000,000 shares of CSI Stock, of which the number of issued and outstanding shares will be set forth in the Registration Statement, and 5,000,000 shares of preferred stock, $.01 par value, of which no shares will be issued and outstanding and 2,969,912 shares of Restricted Voting Common Stock, $.01 par value, all of which will be issued and outstanding except as otherwise set forth in the Registration Statement; and (iii) as of the date of this Agreement, the authorized capital stock of NEWCO consists of 1,000 shares of NEWCO Stock, of which one hundred (100) shares are issued and outstanding.

Appears in 2 contracts

Samples: Merger Agreement (Comfort Systems Usa Inc), Merger Agreement (Comfort Systems Usa Inc)

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CERTAIN INFORMATION WITH RESPECT TO THE. CAPITAL STOCK OF THE COMPANY, CSI AND CSIAND NEWCO. The respective designations and numbers of outstanding shares and voting rights of each class of outstanding capital stock of the COMPANY, CSI and NEWCO as of the date of this Agreement are as follows: (i) as of the date of this Agreement, the authorized and outstanding capital stock of the COMPANY is as set forth on Schedule 5.3 hereto; (ii) immediately prior to the Funding and Consummation Date, the authorized capital stock of CSI will consist of 50,000,000 shares of CSI Stock, of which the number of issued and outstanding shares will be set forth in the Registration Statement, and 5,000,000 shares of preferred stock, $.01 par value, of which no shares will be issued and outstanding and 2,969,912 shares of Restricted Voting Common Stock, $.01 par value, all of which will be issued and outstanding except as otherwise set forth in the Registration Statement; and (iii) as of the date of this Agreement, the authorized capital stock of NEWCO consists of 1,000 shares of NEWCO Stock, of which one hundred (100) shares are issued and outstanding.

Appears in 1 contract

Samples: Merger Agreement (Comfort Systems Usa Inc)

CERTAIN INFORMATION WITH RESPECT TO THE. CAPITAL STOCK OF THE EACH COMPANY, CSI AND EACH NEWCO. The respective designations and numbers of outstanding shares and voting rights of each class of outstanding capital stock of the each COMPANY, CSI and each NEWCO as of the date of this Agreement are as follows: (i) as of the date of this Agreement, the authorized and outstanding capital stock of the each COMPANY is as set forth on Schedule 5.3 hereto; (ii) immediately prior to the Funding and Consummation Date, the authorized capital stock of CSI will consist of 50,000,000 shares of CSI Stock, of which the number of issued and outstanding shares will be set forth in the Registration Statement, and 5,000,000 shares of preferred stock, $.01 par value, of which no shares will be issued and outstanding and 2,969,912 shares of Restricted Voting Common Stock, $.01 par value, all of which will be issued and outstanding except as otherwise set forth in the Registration Statement; and (iii) as of the date of this Agreement, the authorized capital stock of each NEWCO consists of 1,000 shares of NEWCO Stockcommon stock, par value $.01 per share, of which one hundred (100) shares are issued and outstanding.

Appears in 1 contract

Samples: Merger Agreement (Comfort Systems Usa Inc)

CERTAIN INFORMATION WITH RESPECT TO THE. CAPITAL STOCK OF THE EACH COMPANY, ,CSI AND EACH NEWCO. The respective designations and numbers of outstanding shares and voting rights of each class of outstanding capital stock of the each COMPANY, CSI and each NEWCO as of the date of this Agreement are as follows: (i) as of the date of this Agreement, the authorized and outstanding capital stock of the each COMPANY is as set forth on Schedule 5.3 hereto; (ii) immediately prior to the Funding and Consummation Date, the authorized capital stock of CSI will consist of 50,000,000 shares of CSI Stock, of which the number of issued and outstanding shares will be set forth in the Registration Statement, and 5,000,000 shares of preferred stock, $.01 par value, of which no shares will be issued and outstanding and 2,969,912 shares of Restricted Voting Common Stock, $.01 par value, all of which will be issued and outstanding except as otherwise set forth in the Registration Statement; and (iii) as of the date of this Agreement, the authorized capital stock of each NEWCO consists of 1,000 shares of NEWCO Stockcommon stock, par value $.01 per share, of which one hundred (100) shares are issued and outstanding.

Appears in 1 contract

Samples: Merger Agreement (Comfort Systems Usa Inc)

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CERTAIN INFORMATION WITH RESPECT TO THE. CAPITAL STOCK OF THE COMPANY, CSI AND NEWCO. The respective designations and numbers of outstanding shares and voting rights of each class of outstanding capital stock of the COMPANY, CSI and NEWCO as of the date of this Agreement are as follows: (i) as of the date of this Agreement, the authorized and outstanding capital stock of the COMPANY is as set forth on Schedule 5.3 hereto; (ii) immediately prior to the Funding and Consummation Date, the authorized capital stock of CSI will consist of 50,000,000 shares of CSI Stock, of which the number of issued and outstanding shares will be set forth in the Registration Statement, and 5,000,000 shares of preferred stock, $.01 par value, of which no shares will be issued and outstanding outstanding, and 2,969,912 shares of Restricted Voting Common Stock, $.01 par value, all of which will be issued and outstanding except as otherwise set forth in the Registration Statement; and (iii) as of the date of this Agreement, the authorized capital stock of NEWCO consists of 1,000 shares of NEWCO Stock, of which one hundred (100) shares are issued and outstanding.

Appears in 1 contract

Samples: Merger Agreement (Comfort Systems Usa Inc)

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