Examples of Series B-2 Certificate of Designation in a sentence
The Company shall file with the Secretary of State for the State of Delaware (i) the Series B-1 Certificate of Designation and the Series C Certificate of Designation and (ii) the Series B-2 Certificate of Designation, at or prior to the time that the closing conditions for the First Closing and the Second Closing, respectively, are satisfied (other than the closing condition related to such filing).
Notwithstanding anything in the foregoing, the provisions of Section 6(h) shall not be deemed in effect until such time as the Company exceeds the Issuance Cap as defined in Section 7.1(k) of the Series B2 Certificate of Designation.
The form of Notice of Conversion included in the Series B-1 Certificate of Designation and in the Series B-2 Certificate of Designation sets forth the totality of the procedures required of the Purchasers in order to convert the Preferred Shares.
Notwithstanding the foregoing, the affirmative vote of the Requisite Holders shall not be required for the Corporation to file the Series B-2 Certificate of Designation.
For the avoidance of doubt, any redemptions pursuant to this Section 7(h) shall be made in the same proportions of the outstanding “Stated Value” (as defined in the Second Amended Series B-1 Certificate of Designation) of Series B-1 Preferred Stock, the outstanding “Stated Value” (as defined in the Amended and Restated Series B-2 Certificate of Designation) of Series B-2 Preferred Stock and the outstanding Stated Value of Series B-3 Preferred Stock in accordance herewith.
As a holder of the Underlying Securities, the Trust may receive redemption proceeds (the "Redemption Amount") upon the redemption of the Underlying Securities, in whole or in part, by the Underlying Securities Issuer pursuant to the Underlying Securities Indenture and the Underlying Securities Prospectus Supplement.
The Company covenants that, if the Purchaser delivers a Notice of Conversion (as defined in the Series B-1 Certificate of Designation and the Series B-2 Certificate of Designation) to convert Preferred Stock between the date hereof and the Closing Date, the Company shall deliver Conversion Shares to the Purchaser on the Closing Date in connection with such Notice of Conversion.
The Company shall reserve and keep available at all times during which any of the Preferred Shares remain outstanding, free of preemptive rights, a sufficient number of shares of Common Stock for the purpose of enabling the Company to issue the Underlying Shares upon conversion of the Preferred Shares pursuant to the Series B-1 Certificate of Designation and/or the Series B-2 Certificate of Designation, as applicable.