Examples of Diamond Foods in a sentence
Section 1350, I, Michael Murphy, hereby certify that, to the best of my knowledge, the Quarterly Report of Diamond Foods, Inc.
The CWC will systematically assure the timely and appropriate resolution of audit findings and recommendations.B. The CWC will ensure that appropriate corrective action, including settlement and payment of any unacceptable costs, is taken within six months after receipt of an acceptable audit report for a subgrantee in instances of noncompliance with federal, State, City or local laws and regulations.
The Amended and Restated Certificate of Incorporation of Diamond Foods attached as Exhibit 1 to this Agreement shall be the Certificate of Incorporation of the Surviving Corporation upon the effectiveness of the registration statement under the Securities Act relating to the Initial Public Offering, until duly amended.
In its pro- spectus, Diamond Foods indicated that the conversion is driven by the need to increase its financial strength through improved access to capital.
Notwithstanding any other provision of this Agreement, each Member who would be entitled to receive a fraction of a share of Diamond Foods Common Stock pursuant to Section 3.1 shall instead receive cash (without interest) in an amount equal to such fractional part of a share of Diamond Foods Common Stock multiplied by the Initial Public Offering Price less applicable underwriting discounts.
Subject to the terms and conditions of this Agreement, at the Effective Time (defined in Section 1.3 of this Agreement), Diamond Growers shall be merged with and into Diamond Foods in accordance with the provisions of Section 1108 of the CGCL and Section 258 of the DGCL and with the effect provided in Section 1107 of the CGCL and Section 259 of the DGCL.
Blank 8The final requirement to completing the conversion was the sale of at least four million shares of Diamond Foods stock during the IPO at a price of at least$5.00 per share.
All notices or other communications which are required or permitted hereunder shall be in writing and sufficient if delivered by hand, by facsimile transmission, by registered or certified mail, or by courier or overnight carrier, to the persons at the addresses set forth below (or at such other address as may be provided hereunder), and shall be deemed to have been delivered as of the date so delivered: Diamond Growers/ Diamond Foods: Diamond Walnut Growers, Inc.
As promptly as practicable after the Effective Time, the Exchange Agent shall issue to each Member, in book-entry form as uncertificated shares, the number of shares of Diamond Foods Common Stock to which such Member is entitled.
The Amended and Restated Bylaws of Diamond Foods attached as Exhibit 2 to this Agreement shall be the Bylaws of the Surviving Corporation upon the effectiveness of the registration statement under the Securities Act relating to the Initial Public Offering, until duly amended.