Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares of the authorized capital stock of the corporation held in the corporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 7 contracts
Samples: Separation and Distribution Agreement (Inhibrx, Inc.), Agreement and Plan of Merger (Infinity Pharmaceuticals, Inc.), Agreement and Plan of Merger (Infinity Pharmaceuticals, Inc.)
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares of the authorized capital stock of the corporation Corporation held in the corporationCorporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 6 contracts
Samples: Business Combination Agreement and Plan of Reorganization (Novus Capital Corp II), Agreement and Plan of Merger (Oaktree Acquisition Corp.), Investment and Transaction Agreement (Id Systems Inc)
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (WestRock Co), Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc)
Issuance of Stock. Subject Unless otherwise voted by the stockholders and subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (CinCor Pharma, Inc.), Stock Purchase Agreement, Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)
Issuance of Stock. Subject to the provisions of the Certificate of IncorporationIncorporation and applicable law, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares of the authorized capital stock of the corporation Corporation held in the corporationCorporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 2 contracts
Samples: Business Combination Agreement (Atlas Holdings, Inc.), Limited Liability Company Agreement (Impax Laboratories Inc)
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares of the authorized capital stock of the corporation Corporation held in the corporationCorporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Workstream Inc), Agreement and Plan of Merger (Workstream Inc)
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation Corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Issuance of Stock. Subject to applicable law and the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares of the authorized capital stock of the corporation held in the corporation’s treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Issuance of Stock. Subject Unless otherwise voted by the stockholders and ----------------- subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Issuance of Stock. Subject Unless otherwise voted by the stockholders and subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation Corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Issuance of Stock. Subject Unless otherwise voted by the stockholders and ----------------- subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation Corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Issuance of Stock. Subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation or the whole or any part of any shares unissued balance of the authorized capital stock of the corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine. SECTION 4.02.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Kapstone Paper & Packaging Corp)
Issuance of Stock. Subject Unless otherwise voted by the stockholders and ----------------- subject to the provisions of the Certificate of Incorporation, the whole or any part of any unissued balance of the authorized capital stock of the corporation Corporation or the whole or any part of any shares of the issued, authorized capital stock of the corporation Corporation held in the corporation’s its treasury may be issued, sold, transferred or otherwise disposed of by vote of the Board of Directors in such manner, for such lawful consideration and on such terms as the Board of Directors may determine.
Appears in 1 contract
Samples: Matrixone Inc
