Examples of FBR Shares in a sentence
Subject to Section 13, including, but not limited to, adjustments pursuant to Section 13, the aggregate number of shares of Stock in respect of which Awards may be granted under the Plan is equal to 10% of the Common Stock outstanding from time to time (excluding Founder Shares and FBR Shares), but in no event greater than 5,750,000 shares of Stock (the “ Reserved Shares”).
The FBR Shares, upon the effectiveness of the Registration Statement and receipt by the Company of the exercise price therefor as specified in the resolutions of the Board of Directors and the FBR Warrant, will be validly issued, fully paid and nonassessable.
It is the intention of the parties that as soon as practicable after the Closing, Vitrix shall be merged into FBR or a wholly-owned subsidiary of FBR, with any remaining outstanding shares of Vitrix converted in such merger to FBR Shares on the same basis as if such Vitrix shares were exchanged hereunder.
The FBR Shares to be delivered to the Shareholders pursuant to this Agreement, when issued in accordance with the provisions of this Agreement, will be duly authorized, validly issued, fully paid and non-assessable and will not have been issued in violation of any preemptive right of any shareholder.
The purpose of this Agreement is to provide for the acquisition by FBR of at least ninety percent (90%) of the capital stock of Vitrix outstanding at the Closing (defined in paragraph 4.2 hereof) in exchange for the issuance to the Shareholders, of a certain number of shares of the Common Stock, $.005 par value, of FBR and of a specified number of shares of the Series B Convertible Preferred Stock of FBR (together, "FBR Shares") in accordance with the provisions of this Agreement.
Each Shareholder is acquiring the FBR Shares to be issued to him or it for his or its own account and not with a view to the resale or distribution thereof and with no present intention of distributing the same or selling the same for distribution.
The Shares, other than the FBR Shares and the Barceló Shares covered above, have been validly issued and are fully paid and nonassessable.
If the Representatives and FBR so elect, delivery of the Initial Shares and the FBR Shares may be made by credit through full fast transfer to the accounts at the Depository Trust Company designated by the Representatives and FBR, as applicable.
For the purpose of determining the number of FBR Shares to be issued to the Vitrix Shareholders in this transaction, no effect is given to capital stock issuable upon the exercise of the currently outstanding and unexercised stock purchase warrants or options of either FBR or of Vitrix.
As used in this Agreement, the following terms have the following meanings: Additional Shares: Shares or FBR Shares (as defined below) or other securities issued in respect of the Shares or FBR Shares by reason of or in connection with any stock dividend, stock distribution, stock split, or similar issuance.