the question of a preliminary injunction might be examined into by the court.
The defendant's present capital stock consists of: (a) 4,000 shares of 5% Prior Preferred Stock of the par value of $100 each, all of which are issued and outstanding and owned by Philadelphia Dairy Products Company, Inc.; (b) 10,000 shares of 5% Preferred Stock of the par value of $100 each, all of which are issued, 9998 shares being presently outstanding, and 2 shares being held in the treasury of the defendant; and (c) 16,000 shares of Common Stock, without nominal or par value, 14,000 shares of which are issued and outstanding and owned by said Philadelphia Dairy Products Company, Inc.
The 5% Preferred Stock is entitled to cumulative dividends at 5% per annum, and to $100 per share, plus accumulated dividends (which now amount to $15 per share) in liquidation, and is redeemable at par, plus accumulated dividends.
The capital and surplus of the defendant corporation, as of September 30, 1940, were as follows:
Capital: Shares Par
5% Prior Preferred Stock 4,000 $100 $ 400,000
5% Preferred Stock 9,998 $100 999,800
Common Stock 14,000 None 435,000
Earned Surplus 211,691.93
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