Current Holdings Sample Clauses

Current Holdings. Shareholder hereby represents and warrants that, as of the date hereof, Shareholder does not have, directly or indirectly, beneficial ownership of securities, or rights or options to own, acquire or vote any such securities (through purchase, exchange, conversion or otherwise), of the Company, other than the Retained Shares.

Current Holdings. The Subscriber has completed and returned to the Company, on the Selling Security holder Questionnaire and Notice attached hereto as Exhibit E, a true and complete statement of such Subscriber’s current holdings of the Company’s securities.

Current Holdings. As of the date hereof and immediately prior to the sale and purchase of the Shares, the Purchaser holds of record and owns beneficially 2,863,165 shares of Common Stock (the “Existing Clal Stock”).

Current Holdings. As of the date hereof, Advantage owns 2,677 shares of Series A Convertible Preferred Stock, $0.01 par value of the Company (the "Series A Stock"), 3,000 shares of Series B Convertible Preferred Stock, $0.01 par value, of the Company (the "Series B Stock"), 11,847 shares of Common Stock, and warrants to purchase 137,500 shares of Common Stock. As of the date hereof, Koch xxxs no shares of Series A Stock, no shares of Series B Stock, no shares of Common Stock, and no warrants to purchase shares of Common Stock.

Current Holdings. Each of the Holder and Esopus Series A does not, individually, collectively or with any of their respective affiliates, including, without limitation, any other series of Esopus Creek Value Series Fund LP (such affiliates, collectively, the “Esopus Affiliates”), own (actually or taking into account any stock that likely would be treated as owned by the Holder or Esopus Series A individually, collectively or together with the Esopus Affiliates, or with any other Person for purposes of Section 382 of the Internal Revenue Code of 1986, as amended (the “Code”) and the Treasury Regulations thereunder) more than 4.95% of the Company’s stock. For the avoidance of doubt, for purposes of this Agreement, the term stock and the measured ownership of stock shall not include Preferred Stock but shall include any other stock within the meaning and principles of Section 382 of the Code and the Treasury Regulations thereunder, including Treasury Regulation §1.382-2(a)(3), Treasury Regulation §1.382-4(d) (related to treatment of options, warrants, puts, contracts to acquire stock, an other similar rights as stock), and Treasury Regulation §1.382-2T(f)(18).

Current Holdings. As of December 14, 1998, Genesee owns 270 shares of Series A Convertible Preferred Stock, $0.01 par value of the Company (the "Series A Stock"), 3,000 shares of Series B Convertible Preferred Stock, $0.01 par value, of the Company (the "Series B Stock"), no shares of Common Stock, and warrants to purchase 87,500 shares of Common Stock. As of the date hereof, Koch owns no shares of Series X Xxock, no shares of Series B Stock, 300,000 shares of Common Stock, and warrants to purchase 60,504 shares of Common Stock.

Current Holdings. On the date of this Agreement, the Company and its Subsidiaries own all of the following: (i) LAND. Fee simple title to the land more particularly described in SCHEDULE 2.7(A)(I) attached to this Agreement (the "Land"), located in the cities specified in SCHEDULE 2.7(A)(I), and no other land;

Current Holdings. Such Holder is currently a stockholder of the Company.

Current Holdings. All outstanding Equity Securities, and all existing rights and options respecting any Equity Securities (including any existing SARs and excluding the outstanding capital stock of Sub), are set forth on Schedule I hereto together with the beneficial owners thereof. It is understood and agreed among the parties that although the outstanding stock appreciation rights and options set forth on Schedule I (the "Equity Based Rights") hereto are obligations of the Company as of the date hereof, it is the intention of the parties that SG shall share on a pro rata basis any dilution or expense created by the exercise or retirement of such Equity Based Rights, as if such Equity Based Rights were obligations of KCLLC as of the date hereof. Notwithstanding the forgoing, SG shall have the right to approve, which approval shall not be unreasonably withheld, any structure, agreement, plan or other documentation proposed to be used to achieve such pro rata sharing; provided, however, that SG shall not be required to approve any such proposed structure, agreement, plan or other documentation that would cause SG to incur any cost or expense, or forgo any gain, other than its pro rata share of dilution or stock appreciation right payment.

Current Holdings. As of the date hereof, Investor, on behalf of clients, "beneficially owns," as that term is defined in Rule 13d-3 under the Exchange Act, 323,800 shares of Common Stock of the Company.