Common use of Organizational and Capital Structure Clause in Contracts

Organizational and Capital Structure. The organizational structure and capital structure of Company and its Subsidiaries, shall be as set forth on Schedule 4.1. The Section 382 Ownership Shift (as of Company’s last “owner shift”) shall not exceed 46 percent; provided that this shall be determined without taking into account the issuance of, amendment to, or exercise of the Warrants. For the avoidance of doubt, with regard to this Section 3.1(c) and Section 6.21, the parties acknowledge that the amendment to or the issuance of the Warrants will not constitute an issuance of stock.

Organizational and Capital Structure. The organizational structure and capital structure of Company and its Subsidiaries, shall be as set forth on Schedule 4.14.1 on the Closing Date remains true and correct in all respects. The Section 382 Ownership Shift (as of Company’s last “owner shift”) shall not exceed 46 percent; provided that this shall be determined without taking into account the issuance of, amendment to, or exercise of the Warrants. For the avoidance of doubt, with regard to this Section 3.1(c3.3(c) and Section 6.21, the parties acknowledge that the issuance of or amendment to or the issuance of the Warrants will not constitute an issuance of stock.

Organizational and Capital Structure. The organizational structure and capital structure of Company and its Subsidiaries, shall be as set forth on Schedule 4.14.2 to the Note Purchase Agreement on the Closing Date remains true and correct in all respects. The Section 382 Ownership Shift (as of Company’s last “owner shift”) shall not exceed 46 percent; provided that this shall be determined without taking into account the issuance of, amendment to, or exercise of the Warrants. For the avoidance of doubt, with regard to this Section 3.1(c3.3(c) and Section 6.216.21 of the Note Purchase Agreement, the parties acknowledge that the issuance of or amendment to or the issuance of the Warrants will not constitute an issuance of stock.