Examples of SmartFinancial Common Stock in a sentence
SmartFinancial shall use its commercially reasonable efforts to cause the shares of SmartFinancial Common Stock to be issued as Merger Consideration in accordance with this Agreement to be authorized for listing on Nasdaq, subject to official notice of issuance, prior to the Effective Time.
Notwithstanding any other provision of this Agreement to the contrary, no fraction of a share of SmartFinancial Common Stock, and no certificate or scrip therefor, will be issued in connection with the Merger to any holder of shares of Company Common Stock.
Katz, A., Chateau, D., Enns, J.E., Valdivia, J., Taylor, C., Walld, R., and McCulloch.
As of the date of this Agreement, the authorized capital stock of SmartFinancial consists of (i) 40,000,000 shares of SmartFinancial Common Stock, of which 13,933,504 shares were issued and outstanding as of the date of this Agreement, and (ii) 2,000,000 shares of SmartFinancial Preferred Stock, of which 12,000 shares have been designated as SmartFinancial Series B Stock and no shares of which were issued and outstanding as of the date of this Agreement.
The shares of SmartFinancial Common Stock to be issued to holders of Company Common Stock pursuant to this Agreement upon consummation of the Merger shall have been authorized for listing on Nasdaq, subject to official notice of issuance.
For the avoidance of doubt, neither the grant of, the issuance of shares of SmartFinancial Common Stock upon the exercise or settlement of, or the lapse of restrictions with respect to SmartFinancial Equity Awards nor the issuance of shares of Company Common Stock upon the exercise or settlement of, or the lapse of restrictions with respect to, Company Equity Awards shall cause or result in an adjustment of or to the Exchange Ratio or the Merger Consideration.
Holders of Company Common Stock immediately prior to the Effective Time shall, at and after the Effective Time, cease to be shareholders of the Company and have no further rights as shareholders of the Company, other than the right to receive the Merger Consideration and any other amounts issuable or payable in respect of such holders’ Company Common Stock (or the shares of SmartFinancial Common Stock into which the same shall have been converted) in accordance with this Article III.
SmartFinancial shall use commercially reasonable efforts to cause the shares of SmartFinancial Common Stock to be issued as Merger Consideration in accordance with this Agreement to be authorized for listing on Nasdaq, subject to official notice of issuance, prior to the Effective Time.
Further, if the Merger is completed, each option to purchase shares of SmartFinancial common stock will be converted into an option to purchase a number of shares of Company Common Stock equal to the number of shares of SmartFinancial Common Stock previously subject to the option multiplied by the Exchange Ratio, and the per share exercise price of such option will become the per share exercise price of the option immediately prior to the Merger divided by the Exchange Ratio.
The affirmative vote of holders of at least a majority of the issued and outstanding shares of SmartFinancial Common Stock is required for the approval of this Agreement and the Merger by the shareholders of SmartFinancial under the charter and bylaws of SmartFinancial and the Corporation Act.