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 sufficient to effect the conversion of all outstanding Common Units; provided, however, that nothing contained herein shall be construed to preclude Pubco from satisfying its obligations in respect of any such Exchange by delivery of unencumbered purchased shares of Class A Common Stock (which may or may not be held in the treasury of Pubco or any subsidiary thereof).
Appears in 3 contracts
Samples: Exchange Agreement, Exchange Agreement (Carvana Co.), Form of Exchange Agreement (Carvana Co.)
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 sufficient to effect the conversion of all outstanding Common Units; provided, however, that nothing contained herein shall be construed to preclude Pubco from satisfying its obligations in respect of any such Exchange by delivery of unencumbered purchased shares of Class A Common Stock (which may or may not be held in the treasury of Pubco or any subsidiary thereof)) or cash in lieu of shares of Class A Common Stock in accordance with this Agreement.
Appears in 2 contracts
Samples: Exchange Agreement (AdaptHealth Corp.), Registration Rights Agreement (DFB Healthcare Acquisitions Corp.)