Ownership of the Subject Securities. As of the date hereof, Company Stockholder (a) Beneficially Owns the shares of Subject Securities indicated on Schedule A hereto opposite Company Stockholder’s name, free and clear of any and all Encumbrances, other than those created by this Agreement or as set forth on Schedule B1, and, (b) except as set forth on Schedule B2, has sole voting power or shared voting power over all of the shares of Subject Securities Beneficially Owned by Company Stockholder. As of the date hereof, Company Stockholder does not Beneficially Own any capital stock or other securities of the Company other than the shares of Subject Securities set forth on Schedule A opposite Company Stockholder’s name. As of the date hereof, Company Stockholder does not Beneficially Own any rights to purchase or acquire any shares of capital stock of the Company except as set forth on Schedule A opposite Company Stockholder’s name, or as set forth on Schedule B3.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Cimarex Energy Co), Joinder Agreement (Cimarex Energy Co), Joinder Agreement (Cimarex Energy Co)
Ownership of the Subject Securities. As of the date hereof, Company Stockholder (a) Beneficially Owns the shares of Subject Securities indicated on Schedule A hereto opposite Company Stockholder’s name, free and clear of any and all EncumbrancesLiens, other than those created by this Agreement or as set forth on Schedule B1B-1, and, (b) except as set forth on Schedule B2B-2, has sole voting power or shared voting power over all of the shares of Subject Securities Beneficially Owned by Company Stockholder. As of the date hereof, Company Stockholder does not Beneficially Own any capital stock or other securities of the Company other than the shares of Subject Securities set forth on Schedule A opposite Company Stockholder’s name. As of the date hereof, Company Stockholder does not Beneficially Own any rights to purchase or acquire any shares of capital stock of the Company except as set forth on Schedule A opposite Company Stockholder’s name, or as set forth on Schedule B3B-3.
Appears in 2 contracts
Samples: Joinder Agreement (Glowpoint, Inc.), Joinder Agreement (Glowpoint, Inc.)
Ownership of the Subject Securities. As of the date hereof, Company Stockholder such Shareholder (a) Beneficially Owns is the beneficial or record owner of the shares of Subject Securities indicated on Schedule A hereto opposite Company Stockholdersuch Shareholder’s name, free and clear of any and all Encumbrances, other than those created by this Agreement or as set forth disclosed on Schedule B1A, and, and (b) except as set forth on Schedule B2, has sole voting power or shared voting power over all of the shares of Subject Securities Beneficially Owned beneficially owned or owned of record by Company Stockholdersuch Shareholder. As of the date hereof, Company Stockholder such Shareholder does not Beneficially Own own, beneficially or of record, any capital stock or other securities of the Company Buyer other than the shares of Subject Securities set forth on Schedule A opposite Company Stockholderthe Shareholder’s name. As of the date hereof, Company Stockholder such Shareholder does not Beneficially Own own, beneficially or of record, any rights to purchase or acquire any shares of capital stock or other securities of the Company Buyer except as set forth on Schedule A opposite Company Stockholdersuch Shareholder’s name, or as set forth on Schedule B3.
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