HOLDING Stock. At the time of issuance thereof, the HOLDING Stock to be delivered to the STOCKHOLDERS pursuant to this Agreement will constitute valid and legally issued shares of HOLDING, fully paid and nonassessable, and with the exception of restrictions upon resale set forth in Section 15 hereof, will be identical in all material and substantive respects to the HOLDING Stock issued and outstanding as of the date hereof by reason of the provisions of the Delaware GCL. The shares of HOLDING Stock to be issued to the STOCKHOLDERS pursuant to this Agreement will not be registered under the 1933 Act, except as provided in Section 16 hereof.
Appears in 9 contracts
Samples: Merger Agreement (Enfinity Corp), Merger Agreement (Enfinity Corp), Merger Agreement (Enfinity Corp)
