Ownership of Company Stock. None of the Investor nor any of its controlled Affiliates owns any capital stock or other equity or equity-linked securities of the Company. Section 4.05
Ownership of Company Stock. Neither Parent nor Merger Sub nor any of their respective “affiliates” or “associates” (as such terms are defined in Section 1704.01 of the OGCL) is, or at any time during the past three years has been, an “interested shareholder” of the Company as defined in Section 1704.01 of the OGCL, nor do any of them currently own any Company Common Shares, 6 3/4% Preferred Shares or any other shares of Company Capital Stock.
Ownership of Company Stock. Purchaser does not beneficially own, either directly or indirectly, more than 100 shares of Company Stock. None of the Purchaser Subsidiaries beneficially owns, either directly or indirectly, any shares of Company Stock.
Ownership of Company Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Ownership of Company Stock. The purchase by each Purchaser of the Notes, Note Shares, Warrants and Warrant Shares is issuable to it at the Closing will not result in such Purchaser (individually or together with other Persons with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 9.999% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.
Ownership of Company Stock. Newco has delivered to the Company a true and complete copy of the final form of the Voting Agreement. As of the date of the Original Agreement (and immediately prior to execution of the Original Securities Purchase Agreement and the Original Voting Agreement), neither Newco nor any "affiliate" or "associate" of Newco "owned" any voting stock of the Company, as such quoted terms are defined in Section 203 of the DGCL. As of the parties' entry into this Agreement, no person is a party to the Securities Purchase Agreement or the Voting Agreement other than Newco , Bruckmann, Rossxx, Xxxxxxxx & Xo. II, L.P. and the persons listed on Exhibit A, as such Exhibit A reads on the date hereof.
Ownership of Company Stock. None of the Investor nor any funds advised by the Sponsor owns any Common Stock.
Ownership of Company Stock. Neither Parent nor any of its Affiliates or Associates “owns” (as defined in Section 203(c)(9) of the DGCL) any shares of Company Stock.
Ownership of Company Stock. As of the date of this Agreement, neither Buyer nor any of its Subsidiaries own any shares of Company Capital Stock.
Ownership of Company Stock. None of the Purchaser or the Purchaser’s subsidiaries beneficially owns (as such term is defined for purposes of Section 13(d) of the Exchange Act) any shares of the Common Stock of the Company or any other class or series of the Company’s capital stock.
