ACG Common Stock definition
Examples of ACG Common Stock in a sentence
All of the shares of ACG Common Stock so issued will be fully paid and non-assessable.
All the issued and outstanding shares of ACG Common Stock have been duly authorized and validly issued and are fully paid, nonassessable and free of preemptive rights, with no personal liability attaching to the ownership thereof.
At the Effective Time, ▇▇▇▇▇▇ shall deposit, or shall cause to be deposited, with a bank or trust company or other Person designated by ▇▇▇▇▇▇ and reasonably acceptable to ACG (the “Exchange Agent”), for the benefit of the holders of certificates that immediately prior to the Effective Time evidenced shares of ACG Common Stock (each a “Certificate”) for exchange in accordance with this Section 3 the cash payable pursuant to Section 2.1(b) (such cash being hereinafter referred to as the “Exchange Fund”).
Section 4.2(a) of the ACG Disclosure Letter sets forth, as of the date hereof, a true, complete and correct list of the aggregate number of shares of ACG Common Stock issuable upon the exercise of each stock option granted under the ACG Stock Plans that are outstanding as of the date hereof and the exercise price for each such ACG stock option.
As of the date hereof, ACG does not have and is not bound by any outstanding subscriptions, options, warrants, calls, commitments or agreements of any character calling for the purchase, sale or issuance of any shares of ACG Common Stock or any other equity securities of ACG or any securities representing the right to purchase or otherwise receive any shares of ACG Common Stock (including any rights plan or agreement).
To the extent that such amounts are properly withheld by ▇▇▇▇▇▇ or the Exchange Agent, such withheld amounts will be treated for all purposes of this Agreement as having been paid to the holder of the ACG Common Stock in respect of whom such deduction and withholding were made by ▇▇▇▇▇▇ or the Exchange Agent.
As of the date hereof, no shares of ACG Common Stock are reserved or to be made available for issuance.
As of the date hereof, there are 175,531.962 shares of ACG Common Stock outstanding, no shares of ACG Common Stock held in ACG’s treasury, and no shares of ACG Preferred Stock outstanding.
Notwithstanding anything to the contrary contained herein, none of Holdings, ▇▇▇▇▇▇, Victory Merger Sub, ACG, the Surviving Entity, the Exchange Agent or any other person shall be liable to any former holder of shares of ACG Common Stock for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar laws.