NEON Common Stock definition
Examples of NEON Common Stock in a sentence
All the outstanding shares of NEON Common Stock are validly issued, fully paid, nonassessable and free of preemptive rights.
The shares of NEON Common Stock issuable in connection with the Acquisition have been duly authorized and reserved for issuance and, when issued in accordance with the terms of this Agreement, will be validly issued, fully paid, nonassessable and free of preemptive rights.
No shares of NEON Common Stock were held by NEON in its treasury, and no shares of NEON Preferred Stock were outstanding.
The purchase price per share of such shares shall be equal to the average closing price of the NEON Common Stock on the Nasdaq National Market for the 20 trading day period preceding the public announcement of such Pre-closing Acquisition Transaction (or, in the event that such Pre-Closing Acquisition Transaction is not publically announced, the closing date of such transaction).
Shareholder understands that the NEON Common Stock being issued pursuant to this Agreement will not be registered under the Securities Act of 1933, as amended, on the basis that the issuance of securities hereunder is exempt from registration under said Act pursuant to Regulation S and section 4(2) and/or Rule 506 thereof, and that NEON's reliance on such exemption is based on Shareholder's representations set forth in the Stockholder Agreement.
All cash paid and NEON Common Stock issued in respect of the surrender for exchange of the Shares in accordance with the terms hereof, shall be deemed to be full satisfaction of all of the Shareholders' rights pertaining to such Shares.
MaineCom hereby waives its preemptive rights under Section 9.1 of the Stock Subscription Agreement with respect to the issuance of all shares of Series B Stock by FiveCom MA pursuant to this Agreement, and, effective upon the later to occur of (i) the Effective Date of the Parent Merger and (ii) the closing of the initial underwritten public offering of NEON Common Stock, hereby permanently and irrevocably waives such rights.
Section 3.1(b)(ii) of the NEON Disclosure Schedule lists all issued and outstanding shares of NEON Common Stock and NEON Convertible Preferred Stock that are otherwise subject to a repurchase or redemption right or right of first refusal in favor of NEON or any other Person.
The Escrow Agent is authorized to deposit with the clerk of the court all documents and shares of NEON Common Stock held in escrow, except all cost, expenses, charges and reasonable attorney fees incurred by the Escrow Agent due to the interpleader action and which the parties jointly and severally agree to pay.
None of the issued and outstanding shares of NEON Common Stock and NEON Convertible Preferred Stock have been issued in violation of any applicable federal or state law or any preemptive rights or rights to subscribe for or purchase securities.