Examples of Pubco Proportionate Voting Shares in a sentence
Pubco may implement such Equity Plans and any actions taken under such Equity Plans (such as the grant or exercise of options to acquire Pubco Subordinate Voting Shares or Pubco Proportionate Voting Shares, or the issuance of Unvested Corporate Shares), whether taken with respect to or by an employee or other service provider of Pubco, PC Corp, the Company or its Subsidiaries, in a manner determined by Pubco in its sole discretion.
Shares and the number Common Units issued and outstanding immediately prior to any such reclassification, consolidation, split, dividend of securities or other recapitalization, including, without limitation, also effecting a reclassification, consolidation, split, dividend of securities or other recapitalization with respect to, as applicable, the Pubco Proportionate Voting Shares and/or Pubco Subordinate Voting Shares, Cresco US Corp.
For the avoidance of doubt, the Company shall be expressly authorized to issue Units (i) in accordance with the terms of any such Equity Plan, or (ii) in an amount equal to the number of Pubco Subordinate Voting Shares or Pubco Proportionate Voting Shares issued pursuant to any such Equity Plan, without any further act, approval or vote of any Member or any other Persons.
Nothing in this Agreement shall be construed or applied to preclude or restrain Pubco from adopting, modifying or terminating an Equity Plan or from issuing Pubco Subordinate Voting Shares or Pubco Proportionate Voting Shares pursuant to any such Equity Plans.
Shares or Common Units (or any combination of the foregoing) are in any way changed, this Agreement shall forthwith be amended and modified as necessary in order that it shall apply with full force and effect, mutatis mutandis, to all new securities into which Pubco Proportionate Voting Shares and/or Pubco Subordinate Voting Shares, Cresco US Corp.
In the event that only a portion of the net proceeds received by Pubco from the issuance of Pubco Proportionate Voting Shares and/or Pubco Subordinate Voting Shares are contributed by Pubco to Cresco US Corp.
All such Pubco Proportionate Voting Shares and/or Pubco Subordinate Voting Shares shall be duly authorized and validly issued as fully paid and non-assessable and shall be free and clear of any lien, claim and encumbrance.
Nothing contained herein shall be construed to preclude Pubco from satisfying its obligations in respect of any redemption or exchange contemplated in Sections 2.1 and 2.2 herein by delivery of purchased Pubco Proportionate Voting Shares and/or Pubco Subordinate Voting Shares (which may or may not be held in the treasury of Pubco) or the delivery of cash pursuant to a redemption or exchange of Common Units or Redeemable Corporation Shares.