Examples of MAMP Common Stock in a sentence
Schedule 2.5(a) sets forth a true, complete and correct list, as of the date of this Agreement, of the outstanding MAMP Options, including the name of the Person to whom such MAMP Options have been granted (and the current holder of the MAMP Options if different than the grantee), the number of shares of MAMP Common Stock subject to each such MAMP Option, the grant date, the expiration date and exercise price for each such MAMP Option and whether such MAMP Option is vested or unvested.
As of the date of this Agreement, (i) 2,610,568 shares of MAMP Common Stock were issued and outstanding, (ii) 500 shares of Series A Preferred Stock were issued and outstanding, (iii) zero shares of Series B Preferred Stock were issued and outstanding, (iv) zero shares of Series C Preferred Stock were issued and outstanding and (v) 70,000 shares of MAMP Common Stock were reserved for issuance pursuant to outstanding MAMP Options.
There are no outstanding contractual obligations of MAMP or any MAMP Subsidiary to repurchase, redeem or otherwise acquire any shares of MAMP Common Stock, shares of Preferred Stock, or other equity securities of MAMP or any MAMP Subsidiary.
In addition, in the event that any shares of MAMP Common Stock subject to the obligations hereunder shall be certificated, MAMP shall hold the certificates evidencing such shares until the expiration of the Indemnification Period.
The Parties acknowledge and agree that the shares of MAMP Common Stock and OP Units underlying the Max Equity Pledge shall be released to satisfy the obligations under this Agreement on a pro rata basis from each Indemnitor based on each such Indemnitor’s then-applicable Pro Rata Share.
Notwithstanding anything contained herein to the contrary, the MAMP Indemnified Parties shall look first to available insurance proceeds (including, without limitation, any title insurance proceeds, if applicable), and then to the OP Units and/or shares of MAMP Common Stock held by the Indemnitors for indemnification under this Article 1.
Following the Closing and the issuance of shares of MAMP Common Stock and the OP Units to the applicable Indemnitors, no Indemnitee shall have recourse to any other assets of the Indemnitors other than the shares of Common Stock and OP Units of the Indemnitors constituting each such Indemnitor’s Max Equity Pledge.
In addition, for purposes of this Agreement, each share of MAMP Common Stock and each OP Unit constituting a portion of an Indemnitor’s Max Equity Pledge shall be valued at $3.44 per share of MAMP Common Stock and $3.44 per OP Unit, as applicable.