Common use of Class A Common Stock to be Issued Clause in Contracts

Class A Common Stock to be Issued. (a) PubCo shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall be deliverable upon any such Exchange; provided that nothing contained herein shall be construed to preclude PubCo or the Company from satisfying its obligations in respect of the Exchange of the Units by delivery of shares of Class A Common Stock which are held in the treasury of PubCo or are held by the Company or any of their subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo or held by any subsidiary thereof). PubCo and the Company covenant that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and validly issued and will be fully paid and non-assessable.

Class A Common Stock to be Issued. (a) PubCo The Corporation shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall may be deliverable upon any such Exchange; provided provided, that nothing contained herein shall be construed to preclude PubCo or the Company OpCo from satisfying its obligations in respect of the Exchange of the Exchanged Units by delivery of shares of Class A Common Stock which are held in the treasury of PubCo the Corporation or are held by the Company OpCo or any of their subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo the Corporation or held by any subsidiary thereof), or by delivery of the Cash Exchange Payment. PubCo The Corporation and the Company covenant OpCo shall at all times ensure that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.

Class A Common Stock to be Issued. (a) PubCo shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall may be deliverable upon any such Exchange; provided Exchange; provided, that nothing contained herein shall be construed to preclude PubCo or the Company OpCo from satisfying its obligations in respect of the an Exchange of the Exchanged Units by delivery of shares of Class A Common Stock which are held in the treasury of PubCo or are held by the Company OpCo or any of their subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo or held by any subsidiary thereof), or by delivery of the Cash Exchange Payment. PubCo and the Company OpCo covenant that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.

Class A Common Stock to be Issued. (a) PubCo The Corporation shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall may be deliverable upon any such Exchange; provided provided, that nothing contained herein shall be construed to preclude PubCo or the Company OpCo from satisfying its obligations in respect of the Exchange of the Exchanged Units by delivery of shares of Class A Common Stock which are held in the treasury of PubCo the Corporation or are held by the Company OpCo or any of their subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo the Corporation or held by any subsidiary thereof), or by delivery of the Cash Exchange Payment. PubCo The Corporation and the Company OpCo covenant that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.

Class A Common Stock to be Issued. (a) PubCo shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall be deliverable upon any such Exchange; provided that nothing contained herein shall be construed to preclude PubCo or the Company from satisfying its obligations in respect of the Exchange of the Units Paired Interests by delivery of shares of Class A Common Stock which are held in the treasury of PubCo or are held by the Company or any of their subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo or held by any subsidiary thereof). PubCo and the Company covenant that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.

Class A Common Stock to be Issued. (a) PubCo shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall be deliverable upon any such Exchange; provided that nothing contained herein shall be construed to preclude PubCo or the Company from satisfying its obligations in respect of the Exchange of the Paired Interests or the Exchanged Class P Units by delivery of shares of Class A Common Stock which are held in the treasury of PubCo or are held by the Company or any of their subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo or held by any subsidiary thereof). PubCo and the Company covenant that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.

Class A Common Stock to be Issued. (a) PubCo The Corporation shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall be deliverable upon any such Exchange; provided that nothing contained herein shall be construed to preclude PubCo or the Company Finance of America Equity Capital LLC from satisfying its obligations in respect of the Exchange of the LLC Units by delivery of shares of Class A Common Stock which are held in the treasury of PubCo the Corporation or are held by the Company Finance of America Equity Capital LLC or any of their subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo the Corporation or held by any subsidiary thereof). PubCo The Corporation and the Company Finance of America Equity Capital LLC covenant that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.

Class A Common Stock to be Issued. (a) PubCo The Corporation shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall be deliverable upon any such ExchangeExchange where the Corporation has elected to pay the Stock Amount; provided that nothing contained herein shall be construed to preclude PubCo or the Company Corporation from satisfying its obligations in respect of the Exchange of the Partnership Units where the Corporation has elected to pay the Stock Amount by delivery of shares of Class A Common Stock which are held in the treasury of PubCo or are held by the Company Corporation or any of their its subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo the Corporation or held by any subsidiary thereof). PubCo and the Company covenant The Corporation covenants that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.

Class A Common Stock to be Issued. (ai) PubCo Pubco shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an a Class A Exchange, such number of shares of Class A Common Stock as shall be deliverable upon any such Class A Exchange; provided that nothing contained herein shall be construed to preclude PubCo or the Company from satisfying its obligations in respect of the Class A Exchange of the Units by delivery of shares of Class A Common Stock which are held in the treasury of PubCo Pubco or are held by any of its subsidiaries (other than the Company or any of their subsidiaries its subsidiaries) or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo Pubco or held by any subsidiary thereof). PubCo Pubco and the Company covenant that all shares of Class A Common Stock issued upon an a Class A Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.

Class A Common Stock to be Issued. (a) PubCo The Managing Member shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall may be deliverable upon any such Exchange; provided that nothing contained herein shall be construed to preclude PubCo or the Company from satisfying its obligations in respect of the Exchange of the Exchanged Units by delivery of shares of Class A Common Stock which are held in the treasury of PubCo the Managing Member or are held by the Company or any of their subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo the Managing Member or held by any subsidiary thereof), or by delivery of the Cash Exchange Payment. PubCo and the Company covenant The Managing Member covenants that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.

Class A Common Stock to be Issued. (a) PubCo The Corporation shall at all times reserve and keep available out of its authorized but unissued Class A Common Stock, solely for the purpose of issuance upon an Exchange, such number of shares of Class A Common Stock as shall be deliverable upon any such Exchange; provided that nothing contained herein shall be construed to preclude PubCo or the Company Vista Proppants and Logistics, LLC from satisfying its obligations in respect of the Exchange of the LLC Units by delivery of shares of Class A Common Stock which are held in the treasury of PubCo the Corporation or are held by the Company Vista Proppants and Logistics, LLC or any of their subsidiaries or by delivery of purchased shares of Class A Common Stock (which may or may not be held in the treasury of PubCo the Corporation or held by any subsidiary thereof). PubCo The Corporation and the Company Vista Proppants and Logistics, LLC covenant that all shares of Class A Common Stock issued upon an Exchange will, upon issuance, have been duly authorized and be validly issued and will be issued, fully paid and non-assessable.