PARENT COMMON STOCK; CAPITALIZATION. (a) The shares of Parent Common Stock to be issued pursuant to the Merger will be duly authorized, validly issued, fully paid and nonassessable and not subject to preemptive rights created by statute, Parent's Certificate of Incorporation or By-Laws or any agreement to which Parent is a party or is bound.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Daou Systems Inc), Agreement and Plan of Merger (Daou Systems Inc), Agreement and Plan of Merger (Daou Systems Inc)
PARENT COMMON STOCK; CAPITALIZATION. (a) The shares of Parent Common Stock to be issued pursuant to the Merger *** will be duly authorized, validly issued, fully paid and nonassessable and not subject to preemptive rights created by statute, Parent's Certificate of Incorporation or By-Laws or any agreement to which Parent is a party or is bound.bound ***
Appears in 1 contract
PARENT COMMON STOCK; CAPITALIZATION. (a) The shares of Parent Common Stock to be issued pursuant to the Merger *** will be duly authorized, validly issued, fully paid and nonassessable and not subject to preemptive rights created by statute, Parent's Certificate of Incorporation or By-Laws or any agreement to which Parent is a party or is boundbound *** .
Appears in 1 contract
Samples: Confidential Treatment Requested Agreement and Plan of Merger (Daou Systems Inc)
