Examples of Xxxxxx Preferred Stock in a sentence
No shares of Xxxxxx Preferred Stock have been issued as of the date of this Agreement, and Xxxxxx has no present intention to issue any shares of Xxxxxx Preferred Stock.
Spinco agrees to indemnify, defend and hold harmless the Company and each Parent Indemnified Party in accordance with the indemnification provisions of Article V hereof, from and against any and all Indemnifiable Losses of the Company and any such Parent Indemnified Party arising out of, relating to or resulting from the ownership of any shares of Xxxxxx Preferred Stock by the Xxxxxx Partnerships and all other holders of the Xxxxxx Preferred Stock (if any).
As of the date hereof, Xxxxxx has 100 million authorized shares of common stock, no par value ("Xxxxxx Common Stock"), of which not more than 40,899,905 shares are outstanding as of the date hereof, and 25 million authorized shares of preferred stock, no par value ("Xxxxxx Preferred Stock"), none of which is outstanding as of the date hereof (no other class or series of capital stock being authorized).
Spinco shall, and prior to the Offer Purchase Date the Company shall, use their respective best efforts to cause the Xxxxxx Partnerships and all other holders of the Xxxxxx Preferred Stock (if any) to exchange all issued and outstanding shares of Xxxxxx Preferred Stock for shares of capital stock or other equity securities of either Spinco, any Spinco Company or any Subsidiary of Spinco.
As of the date of this Agreement, Xxxxxx has no shares of Xxxxxx Common Stock reserved for issuance, other than 13,736,445 shares reserved for issuance under the Xxxxxx Stock Plans and the shares reserved for issuance under the Xxxxxx Stock Option Agreement, and has no shares of Xxxxxx Preferred Stock reserved for issuance.
As of the date of this Agreement, there were (i) 2,061,253 outstanding shares of Xxxxxx Common Stock, (ii) 132,750 shares of Xxxxxx Common Stock reserved for issuance upon the exercise of outstanding Xxxxxx Options, (iii) 960,050 shares of Xxxxxx Common Stock reserved for issuance upon the exercise of outstanding warrants to purchase Xxxxxx Common Stock, and (iv) no outstanding shares of Xxxxxx Preferred Stock.
As of March 1, 1999: (i) 39,009,606 shares of Xxxxxx Common Stock were issued and outstanding, (ii) 12,500 shares of Xxxxxx Common Stock were held as treasury shares and 7,750,000 shares of Xxxxxx Preferred Stock were issued and outstanding.
On the Initial Borrowing Date and after --------------------- giving effect to the Transaction and the Loans incurred on the Initial Borrowing Date, neither Holdings nor any of its Subsidiaries shall have any preferred stock outstanding except for the Xxxxxx Preferred Stock, or any Indebtedness outstanding except for Indebtedness permitted under Section 8.04.
All of the issued and outstanding shares of Xxxxxx Common Stock and Xxxxxx Preferred Stock have been duly authorized and are validly issued and outstanding, fully paid and nonassessable, and were issued in compliance with all applicable Federal and state securities laws.
The authorized capital stock of Xxxxxx consists solely of (i) 5,000,000 shares of Xxxxxx Common Stock, of which 1,362,971 shares were outstanding as of the day prior to the date hereof, and (ii) 2,000,000 shares of Xxxxxx Preferred Stock, of which no shares are outstanding.