Options, Warrants, Reserved Shares. Except for (i) the conversion privileges of the Buyer Preferred Stock, (ii) the 3,200,000 and 5,604,295 shares of Buyer Common Stock reserved for issuance under Buyer’s 1999 Stock Plan and 2004 Stock Plan, respectively (together, the “Buyer Plans”), of which options to purchase an aggregate of 4,450,086 shares of Buyer Common Stock have been issued and are outstanding and (iii) the rights provided in Section 3 of the Rights Agreement, there are no outstanding options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from Buyer of any shares of its capital stock or any securities convertible into or ultimately exchangeable or exercisable for any shares of Buyer’s capital stock. Apart from the exceptions noted herein, and except for rights of first refusal held by Buyer to purchase shares of its stock issued under the Buyer Plans, no shares of Buyer’s outstanding capital stock, or stock issuable upon exercise or exchange of any outstanding options, warrants or rights, or other stock issuable by Buyer, are subject to any preemptive rights, rights of first refusal or other rights to purchase such stock (whether in favor of Buyer or any other person), pursuant to any agreement or commitment of Buyer.
Appears in 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Cafepress Inc.), Asset Purchase Agreement (Cafepress Inc.)
Options, Warrants, Reserved Shares. Except for for
(i) the 863,788 shares of Common Stock reserved for issuance pursuant to the conversion privileges of the Buyer Series C Preferred Stock, ,
(ii) the 3,200,000 and 5,604,295 129,126 shares of Buyer Common Stock reserved for issuance under Buyer’s 1999 Stock the Inland Northwest Bank 2006 Share Incentive Plan and 2004 Stock Plan, respectively (together, the “Buyer PlansPlan”), of ) under which options to purchase an aggregate of 4,450,086 34,224 shares of Buyer Common Stock have been issued and are outstanding and outstanding, and
(iii) up to 2,000 shares of Series D Preferred Stock to be issued simultaneously with the rights provided in Section 3 of the Rights AgreementClosing, there are no outstanding options, warrants, rights (including conversion or preemptive rights) or agreements agreement for the purchase or acquisition from Buyer the Company of any shares of its capital stock or any securities convertible into or ultimately exchangeable or exercisable for any shares of Buyer’s the Company's capital stock. Apart from the exceptions noted hereinherein or in the Disclosure Letter, and except for rights of first refusal held by Buyer the Company to purchase shares of its stock issued under the Buyer PlansPlan, no shares of Buyer’s the Company's outstanding capital stock, or stock issuable upon exercise or exchange of any outstanding options, warrants or rights, or other stock issuable by Buyerthe Company, are subject to any preemptive rights, rights of first refusal or other rights to purchase such stock (whether in favor of Buyer the Company or any other person), pursuant to any agreement or commitment of Buyerthe Company.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Northwest Bancorporation Inc), Series C Preferred Stock and Common Stock Purchase Agreement (Northwest Bancorporation Inc)
Options, Warrants, Reserved Shares. Except for for
(i) the 863,788 shares of Common Stock reserved for issuance pursuant to the conversion privileges of the Buyer Series C Preferred Stock, ,
(ii) the 3,200,000 and 5,604,295 129,126 shares of Buyer Common Stock reserved for issuance under Buyer’s 1999 Stock the Inland Northwest Bank 2006 Share Incentive Plan and 2004 Stock Plan, respectively (together, the “Buyer PlansPlan”), of ) under which options to purchase an aggregate of 4,450,086 34,224 shares of Buyer Common Stock have been issued and are outstanding and outstanding, and
(iii) up to [**Confidential**] shares of Series D Preferred Stock to be issued simultaneously with the rights provided in Section 3 of the Rights AgreementClosing, there are no outstanding options, warrants, rights (including conversion or preemptive rights) or agreements agreement for the purchase or acquisition from Buyer the Company of any shares of its capital stock or any securities convertible into or ultimately exchangeable or exercisable for any shares of Buyer’s the Company's capital stock. Apart from the exceptions noted hereinherein or in the Disclosure Letter, and except for rights of first refusal held by Buyer the Company to purchase shares of its stock issued under the Buyer PlansPlan, no shares of Buyer’s the Company's outstanding capital stock, or stock issuable upon exercise or exchange of any outstanding options, warrants or rights, or other stock issuable by Buyerthe Company, are subject to any preemptive rights, rights of first refusal or other rights to purchase such stock (whether in favor of Buyer the Company or any other person), pursuant to any agreement or commitment of Buyerthe Company.
Appears in 2 contracts
Samples: Series C Preferred Stock and Common Stock Purchase Agreement (Northwest Bancorporation Inc), Series D Preferred Stock Purchase Agreement (Northwest Bancorporation Inc)
