- 35 - During August 1986, Amax Realty and Cemax were liquidated, and their respective assets, including the Alumax class C common stock, were distributed to Amax. Accordingly, all 250 shares of the Alumax class C common stock were thereafter held by Amax, Bemax, and Amax Securities. The 1986 Restructuring and Subsequent Events On November 24, 1986, Alumax filed with the Delaware Secre- tary of State a restated certificate of incorporation (1986 restated certificate of incorporation) that was effective as of that date (1986 restructuring). Alumax and its stockholders executed an agreement dated as of November 24, 1986, that, inter alia, terminated the 1984 stockholders agreement. Pursuant to the 1986 restated certificate of incorporation, Alumax was authorized to issue (1) 750 shares of Alumax voting common stock with a par value of $100 a share and (2) 10 million shares of Alumax preferred stock (Alumax preferred stock) with a par value of $25 a share, which were to be issued from time to time by the Alumax board as shares of one or more series of stock with rights, preferences, and limitations as determined by the Alumax board. Four million shares of the Alumax preferred stock were designated by the Alumax board as series A nonvoting pre- ferred stock (Alumax series A nonvoting preferred stock) and were exchangeable for the common stock of Amax. On November 24, 1986, pursuant to a recapitalization and stock purchase agreement that was entered into among Amax,Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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