Equity Holder Approval. This Agreement shall have been adopted by the requisite vote of the Company Common Shares and the Company Preferred Shares, voting together as a single class, to approve this Agreement, under the DGCL and the Company’s Charter Documents.
Equity Holder Approval. The Shareholders, by executing this Agreement, are authorizing and approving the sale of the Transferred Assets and the transactions contemplated by this Agreement. Xxxxxxxxx Xxxxxxxxx and Xxxx Xxxxxxxxx, as the sole directors of Company, are hereby approving this Agreement and the transactions contemplated hereby in their capacity as Director of Company. Calavo, as the sole equity holder of Purchaser, by executing this Agreement, is authorizing and approving the purchase of the Transferred Assets and the transactions contemplated by this Agreement. 37
Equity Holder Approval. The Equity Holder by executing this Agreement, is authorizing and approving the sale of the Acquired Assets and the transactions contemplated by this Agreement in his capacity as Equity Holder of Seller. Kensington, by executing this Agreement, is authorizing and approving the purchase of the Acquired Assets and the transactions contemplated by this Agreement in its capacity as the sole stockholder of Buyer. [Signatures appear on following page.]
