Treasury Stock. The dividend or distribution of any issued shares of Common Stock owned or held by or for the account of the Company shall be deemed a dividend or distribution of shares of Common Stock for purposes of Section 5.1(b). The Company shall not make or issue any dividend or distribution on shares of Common Stock held in the treasury of the Company. For the purposes of Section 5.1(b), the number of shares of Common Stock at any time outstanding shall not include shares held in the treasury of the Company.
Appears in 16 contracts
Samples: Warrant Agreement (Civitas Resources, Inc.), Warrant Agreement (Civitas Resources, Inc.), Warrant Agreement (Bonanza Creek Energy, Inc.)
Treasury Stock. The dividend or distribution of any issued shares of Common Stock owned or held by or for the account of the Company shall be deemed a dividend or distribution of shares of Common Stock for purposes of this Section 5.1(b)5.1. The Company shall not make or issue any dividend or distribution on shares of Common Stock held in the treasury of the Company. For the purposes of this Section 5.1(b)5.1, the number of shares of Common Stock at any time outstanding shall not include shares held in the treasury of the CompanyCompany but shall include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock.
Appears in 2 contracts
Samples: Warrant Agreement (Talbots Inc), Warrant Agreement (Talbots Inc)
Treasury Stock. The dividend or distribution of any issued shares of Common Stock Shares owned or held by or for the account of the Company shall be deemed a dividend or distribution of shares of Common Stock Shares for purposes of Section 5.1(b). The Company shall not make or issue any dividend or distribution on shares of Common Stock Shares held in the treasury of the Company. For the purposes of Section 5.1(b), the number of shares of Common Stock Shares at any time outstanding shall not include shares held in the treasury of the Company.
Appears in 2 contracts
Samples: Warrant Agreement (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp)
Treasury Stock. The dividend or distribution of any issued shares of Common Stock owned or held by or for the account of the Company shall be deemed a dividend or distribution of shares of Common Stock for purposes of this Section 5.1(b)5.1. The Company shall not make or issue any dividend or distribution on shares of Common Stock held in the treasury of the Company. For the purposes of this Section 5.1(b)5, the number of shares of Common Stock at any time outstanding shall not include shares held in the treasury of the CompanyCompany but shall include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock.
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