Class A Common Stock. Subject to applicable law and the rights, if any, of the holders of any outstanding series of Preferred Stock having a preference over or the right to participate with the Class A Common Stock with respect to the payment of dividends and other distributions in cash, stock of any corporation or property of the Corporation, the holders of Class A Common Stock shall be entitled to receive ratably, taken together as a single class, in proportion to the number of shares held by each such stockholder such dividends and other distributions as may from time to time be declared by the Board in its discretion out of the assets of the Corporation that are by law available therefor at such times and in such amounts as the Board in its discretion shall determine.
Class A Common Stock. The Company has registered its Class A Common Stock pursuant to Section 12(b) or 12(g) of the Exchange Act and is in full compliance with all reporting requirements of the Exchange Act, and the Company has maintained all requirements for the continued listing or quotation of its Class A Common Stock, and such Class A Common Stock is currently listed or quoted on the Principal Trading Facility. As of the date hereof, the Principal Trading Facility is the OTC Bulletin Board.
Class A Common Stock. 4 Commission..................................... 4
Class A Common Stock. The shares of Class A Common Stock included in the SAILSM Securities have been duly authorized and, when issued and delivered against payment for the Offered Securities by the Underwriters pursuant to this Agreement, will be validly issued, fully paid and non-assessable. The holders of such Class A Common Stock are not and will not be subject to personal liability by reason of being such holders; such Class A Common Stock is not and will not be subject to any preemptive or other similar contractual rights granted by the Company.
Class A Common Stock. In addition to any other approval required by law or by this Restated Certificate of Incorporation, the affirmative vote of a majority of the then outstanding shares of Class A Common Stock, voted separately as a class, shall be necessary to approve any consolidation of the Corporation with another corporation, any merger of the Corporation into another corporation or any merger of any other corporation into the Corporation pursuant to which shares of Common Stock are converted into or exchanged for any securities or any other consideration.
Class A Common Stock. The term “Class A Common Stock” means the Class A Common Stock of the Company, par value $0.0001 per share.
Class A Common Stock. Upon issuance and delivery of the Seminis Shares in accordance with this Agreement, the Seminis Shares will be duly authorized, validly issued, fully paid and nonassessable.
Class A Common Stock. 2 COMPANY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Class A Common Stock. Each holder of shares of Class A Common Stock will be entitled to one vote for each share thereof held at the record date for the determination of the stockholders entitled to vote on such matters.
Class A Common Stock. Notwithstanding anything herein to the contrary, the Partnership shall not at any time permit the Transfer of any Units that would allow Acquisition and Holdings to become the beneficial owner in the aggregate of greater than 9.99% of the then outstanding shares of Class A Common Stock of Publico (determined in accordance with Rule 13d-3 promulgated under the Securities Act).
