Examples of IES Stock in a sentence
At any time following the Consummation Date, whenever IES proposes to register any IES Stock for its own or others account under the 1933 Act for a public offering, other than (i) any shelf or other registration of shares to be used as consideration for acquisitions of additional businesses by IES and (ii) registrations relating to employee benefit plans, IES shall give each of the Stockholders prompt written notice of its intent to do so.
Any amendment or waiver effected in accordance with this Section 18.15 shall be binding upon each of the parties hereto, any other person receiving IES Stock in connection with the purchase and sale of the Company Stock and each future holder of such IES Stock.
Prior to the Consummation Date, IES shall maintain its authorized capital stock as set forth in the Registration Statement filed with the SEC except for stock splits, such changes in authorized capital stock as are made to respond to comments made by the SEC or requirements of any exchange or automated trading system for which application is made to register the IES Stock and any changes necessary or advisable in order to permit the delivery of the opinion contemplated by Section 8.12 hereof.
The shares of IES Stock to be issued to the Stockholders pursuant to this Agreement will not be registered under the 1933 Act, except as provided in Section 17 hereof.
Drapes, decorations, buntings, and other decorative materials must be fire retardant materials properly treated to meet the requirements of flame-proofing and approved by the Virginia Beach Fire Marshal.
The Registration Statement shall have been declared effective by the SEC and not subject to any stop order proceedings and the underwriters named therein shall have agreed to acquire on a firm commitment basis, subject to the conditions set forth in the underwriting agreement, on terms such that the aggregate value of the cash and the number of shares of IES Stock to be received by the Stockholders is not less than the Minimum Value set forth on Annex I.
At or prior to the Pricing, the parties shall take all actions necessary to effect the delivery of shares referred to in Section 3 hereof; provided, that such actions shall not include the actual completion of the purchase and sale of the Company Stock or the delivery of the IES Stock and cash referred to in Section 3 hereof, each of which actions shall only be taken upon the Consummation Date as herein provided.
The IES Stock issued and delivered to the Stockholders shall at the time of such issuance and delivery be free and clear of any liens, claims or encumbrances of any kind or character.
The Stockholders are able to bear the economic risk of an investment in the IES Stock to be acquired pursuant to this Agreement and can afford to sustain a total loss of such investment.
Nothing herein, however, shall limit or restrict the rights of any Stockholder to acquire IES Stock pursuant to (i) this Agreement or (ii) any outstanding option granted by IES.