FCEI Stock definition
Examples of FCEI Stock in a sentence
In the case of the Principal Closing, the average of the closing prices of the FCEI Stock as reported by the New York Stock Exchange for each of the twenty (20) days on which trading in such stock was reported immediately prior to the Principal Closing Date (assuming that all others conditions precedent to the occurrence of the Principal Closing will have been satisfied or waived) is not greater than Fifty Five and 86/100 Dollars ($55.86) per share.
Shareholder approval is not required for the consummation of the transactions contemplated by this Agreement, including the issuance of FCEI Stock upon exchange of the BCR Units (including any Additional Units).
In the case of the Principal Closing, there has been no suspension in the trading of FCEI Stock on the New York Stock Exchange at any time between the date of this Agreement and the Principal Closing Date, other than a temporary suspension (no longer than one day) in order to give the market time to assimilate the announcement of material information.
When issued, the FCEI Stock issuable upon exchange of the BCR Units, including the Additional Units, will be duly authorized, validly issued, fully paid and non-assessable and not subject to any preemptive rights.
Commencing on the date hereof and at all times thereafter until all of the Class A Common Units have been exchanged, FCEI will reserve and keep available, free from preemptive rights, out of its authorized but unissued FCEI Stock or FCEI Stock held in treasury, solely for the purpose of issuance upon exchange of the Class A Common Units, the full number of shares of FCEI Stock then deliverable upon exchange of all of the Class A Common Units then outstanding.
Each of the BCR Entities has the requisite knowledge and experience in tax, financial and business matters and financial resources such that it is capable of evaluating the merits and risks of acquiring the BCR Units, and the FCEI Stock issuable upon exchange of the BCR Units, and bearing all risks associated with an investment in the BCR Units, and the FCEI Stock issuable upon exchange of the BCR Units, for an indefinite period of time, including the complete loss of its investment in the BCR Units.
In the case of the Principal Closing, the board of directors of FCEI has reserved for issuance, free from preemptive rights, out of FCEI’s authorized but unissued FCEI Stock, solely for the purpose of issuance upon exchange of the BCR Units into FCEI Stock, the full number of shares of FCEI Stock deliverable upon exchange of all of the BCR Units (including the Additional Units).
The DISTRICT shall provide a topographical survey to the ARCHITECT upon request.
The BCR Units, and the FCEI Stock issuable upon exchange of the BCR Units, cannot be resold without registration, or an exemption from registration, under the Securities Act.