STATUS OF AVTX. As at the Effective Time of the Merger, AVTX (i) shall be a fully compliant reporting public company under the Exchange Act, and shall be current in all of its reports required to be filed under the Exchange Act, (ii) shall not have been threatened or subject to delisting from the OTC Bulletin Board, and (iii) shall have outstanding 39,527,897 AVTX Common Shares (excluding the Purchased Shares) and 27,011,477 Series A Preferred Shares; and there shall be no other AVTX Preferred Shares outstanding nor, except as provided hereunder, any options, warrants or rights to acquire capital stock of AVTX whether for additional consideration or on conversion.
Appears in 2 contracts
Samples: Share Purchase and Merger Agreement (Infrared Systems International), Share Purchase and Merger Agreement (Advance Technologies Inc)
STATUS OF AVTX. As at the Effective Time of the Merger, AVTX (i) shall be a fully compliant reporting public company under the Exchange Act, and shall be current in all of its reports required to be filed under the Exchange Act, (ii) shall not have been threatened or subject to delisting from the OTC Bulletin Board, and (iii) shall have outstanding 39,527,897 AVTX Common Shares (excluding the Purchased Shares) and 27,011,477 Series A Preferred Shares; and there shall be no other AVTX Preferred Shares outstanding nor, except as provided hereunder, any options, warrants or rights to acquire capital stock of AVTX whether for additional consideration or on conversion.. <PAGE>
Appears in 2 contracts
Samples: Share Purchase and Merger Agreement, Share Purchase and Merger Agreement (Infrared Systems International)
