Aren't you leaving out--I'm doing this from memory now--"date herof...until March 1999,"?
Here's the full section. The "date hereof" is mentioned a few times. I've highlighted the sections that cause me to question the assumption.
7.04 LIMITATION ON EQUITY. If during the period from the date hereof
until March 1, 1999, ZULU-tek or Enhanced undertake a merger, consolidation
or similar transaction or form a new entity which is owned by their current
shareholders or a successor to either of them, the capital structure will be
such that if the same were undertaken on the date hereof, the shareholders of
ZULU-tek would hold 80% and the holders of Enhanced would hold 20% of the
resulting entity ("Deemed Ownership"). In addition, if ZULU-tek or Enhanced
elect to issue additional shares of their common stock or capital stock
convertible into Zulu-tek Common Stock or Enhanced Common Stock, as the case may
be, in order to effect independent corporate acquisitions or other transactions
(other than as contemplated by existing employee incentive plans), such
issuances shall be undertaken in consultation with the other and on the
basis of a pro rata dilution of the Deemed Ownership on the date hereof
as described above.
I think that, for whatever reason, you've conveniently not finished the sentence.
I'm careful to try and quote in full context whenever I quote people or documents. It's the quotes like "ZULU-tek would hold 80% and the holders of Enhanced would hold 20% of the resulting entity" that are conveniently forgetting the rest of the sentence.
BF |
