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.
No shares of NEON Common Stock were held by NEON in its treasury, and no shares of NEON Preferred Stock were outstanding.
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.
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.
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.
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).
At the Closing the Shareholders receiving NEON Common Stock will be deemed to have received and consented to the deposit with the Escrow Agent (as defined below) of the Escrow Shares (plus any additional shares as may be issued upon any stock split, stock dividend or recapitalization effected by NEON after the Closing) pursuant to the Escrow Agreement attached hereto as Exhibit B hereto, without any act required on the part of any Shareholder.
At the close of business on December 31, 1997, 2,102,025 shares of NEON Common Stock were subject to issuance upon the exercise of outstanding stock option ("NEON Rights").
Each of the NEON Entities agrees that it will not individually or in conjunction with the other NEON Entity, engage in redemptions of NEON's Common Stock that would increase CEC's percentage ownership of NEON Common Stock above [ ** ]% (or [ ** ]%, if and when CEC elects to reduce its percentage ownership to such percentage) without CEC's prior written consent.
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.