Examples of Xxxxxxx Common Shares in a sentence
Such Seller hereby represents that it can bear the economic risk of losing its investment in Xxxxxxx Common Shares and has adequate means for providing for current financial needs and contingencies.
Xxxxxxx Shareholders holding no more than 5% of the outstanding Xxxxxxx Common Shares shall have exercised the right to dissent contemplated by Section 4.1 of the Plan of Arrangement (and not withdrawn such exercise).
At the Closing, such Stockholder will transfer and deliver to Golden Soil valid title to, and all of such Stockholder's right, title and interest in and to, such Xxxxxxx Common Shares free and clear of any Lien or any claim in respect of such shares, including under any applicable community property law.
From and after the Effective Time, all references to Xxxxxxx in the Xxxxxxx ESPP and related documents shall be deemed to refer to Holding Company (provided, that the purchase price as of the offering date for a relevant period shall be determined with respect to the fair market value of Xxxxxxx Common Shares on such date, as adjusted by this Section 3.4).
Xxxxxxx has not purchased or caused to be purchased, and will not purchase or cause to be purchased, any Xxxxxxx Common Shares, whether pursuant to its share repurchase program or otherwise, during the period used to determine the Average Closing Sale Price.
To the extent that Holding Company so withholds those amounts, such withheld amounts shall be treated for all purposes of this Agreement as having been paid to the holder of Cardiac Common Shares or Xxxxxxx Common Shares in respect of which such deduction and withholding was made by Holding Company.
The Xxxxxxx Common Shares are listed on the TSX and the NYSE MKT.
Such Stockholder is the record and beneficial owner of, and has full right, title and interest in and to, Xxxxxxx Common Shares listed on the signature s hereof adjacent to such Stockholder's name, free and clear of any Lien.
All warrants or other securities convertible into Xxxxxxx Common Shares (other than options to purchase Xxxxxxx Common Shares issued under the Xxxxxxx Option Plans) to be assumed in the Xxxxxxx Merger pursuant to Section 3.4 are set forth in Section 4.5(b) of the Xxxxxxx Disclosure Letter.
As of the Effective Time, warrants to purchase Xxxxxxx Common Shares or Cardiac Common Shares which are outstanding immediately prior to the Effective Time shall be assumed by the Holding Company at the Effective Time and adjusted in the same manner as set forth in subparagraph (a)(i) and (a)(ii), respectively, of this Section 3.4.