Certificate of Designation. The Company shall have filed the Certificate of Designation with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Opgen Inc), Securities Purchase Agreement (Aimmune Therapeutics, Inc.), Series E Preferred Stock Purchase Agreement (XpresSpa Group, Inc.)
Certificate of Designation. The Prior to the Closing, the Company shall have filed file the Certificate of Designation with the Secretary of State of Delaware on or prior to the ClosingState of Delaware, which shall continue to be in full force accordance with Applicable Law and effect as the Organizational Documents of the ClosingCompany.
Appears in 3 contracts
Samples: Investment Agreement (Apollo Global Management LLC), Investment Agreement (RCS Capital Corp), Investment Agreement (RCS Capital Corp)
Certificate of Designation. The Company shall have filed shall, prior to the Class A Closing, cause the Certificate of Designation to be filed with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the ClosingDelaware.
Appears in 3 contracts
Samples: Acceleration and Exchange Agreement (Grand Union Co /De/), Acceleration and Exchange Agreement (Trefoil Investors Ii Inc), Acceleration and Exchange Agreement (Grand Union Co /De/)
Certificate of Designation. The On or before the Closing Date, the Company shall have delivered to the Representative a copy of the filed the Certificate of Designation with certified by the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the ClosingDelaware.
Appears in 2 contracts
Samples: Underwriting Agreement (Rennova Health, Inc.), Underwriting Agreement (Rennova Health, Inc.)
Certificate of Designation. The Company shall have filed the Certificate of Designation with the Secretary of State of the State of Delaware on or prior to the Closing, which Certificate of Designation and such instrument shall continue to be in full force and effect have become effective as of the ClosingFirst Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Crown Acquisition Partners LLC), Securities Purchase Agreement (Equity Marketing Inc)
Certificate of Designation. The Company shall have filed cause the Certificate of Designation to be filed with the Secretary of State of the State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 2 contracts
Samples: And Restated Purchase Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp), And Restated Purchase Agreement (McLeodusa Inc)
Certificate of Designation. The Company shall have filed the Certificate of Designation with the Secretary of State of the State of Delaware on or prior to the date of the Closing, which shall continue to be in full force and effect as of the date of the Closing, and shall have provided the Purchaser with evidence, reasonably satisfactory to the Purchaser, thereof.
Appears in 2 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Bizness Online Com), Warrant Purchase Agreement (MCG Finance Corp)
Certificate of Designation. The On or before the Closing Date, the Company shall have filed the Certificate of Designation with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as State of the Closing.Delaware;
Appears in 2 contracts
Samples: Placement Agency Agreement (Biodel Inc), Placement Agency Agreement (Biodel Inc)
Certificate of Designation. The Prior to the Closing, the Company shall have filed the Certificate of Designation file with the Secretary of State of the State of Delaware on the Certificate of Designation to be effective in accordance with applicable Law at or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Participating Preferred Stock Purchase Agreement (Reliant Energy Inc)
Certificate of Designation. The Company shall have filed the -------------------------- Certificate of Designation with the Secretary of State of Delaware on or prior to the ClosingClosing Date, which shall continue to be in full force and effect as of the ClosingClosing Date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Camden Partners Strategic Ii LLC)
Certificate of Designation. The Company shall have filed the Certificate of Designation CoD with the Secretary of State of Delaware on or prior to the Initial Closing, which shall continue to be in full force and effect as of the Initial Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Rockwell Medical, Inc.)
Certificate of Designation. The Prior to the Closing, the Company shall have filed the Certificate of Designation file with the Secretary of State of the State of Delaware on the Certificate of Designation to be effective in accordance with applicable law at or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Certificate of Designation. The Prior to the Closing Date, the Company shall have filed file the Certificate of Designation with the Delaware Secretary of State State, and such Certificate of Delaware on or prior to the Closing, which Designation shall continue to be in full force and effect as of the Closingeffect.
Appears in 1 contract
Samples: Agent Agreement (BofI Holding, Inc.)
Certificate of Designation. The Immediately prior to the Closing, the Company shall have filed file the Certificate of Designation with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as State of the ClosingDelaware.
Appears in 1 contract
Certificate of Designation. The Company shall have filed the Series C Certificate of Designation with the Secretary of State of the state of Delaware on or prior to the Initial Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Certificate of Designation. The Company shall have filed the Certificate of Designation with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement
Certificate of Designation. The Company shall have filed the Certificate of Designation in substantially the form attached as Exhibit B with the Secretary of State of Delaware on or prior to the ClosingClosing Date, which shall continue to be in full force and effect as of the ClosingClosing Date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Donaldson Lufkin & Jenrette Inc /Ny/)
Certificate of Designation. The Company shall have filed shall, prior to or -------------------------- concurrently with the Closing, cause the Certificate of Designation to be filed with the Secretary of State of the State of Delaware on or prior to as set forth in the Closing, which shall continue to be in full force and effect as form of the ClosingCertificate of Designation attached hereto as Exhibit 2.2.
Appears in 1 contract
Certificate of Designation. The Company shall have filed the Certificate of Designation with the Secretary of State of Delaware on or prior to the ClosingClosing Date, which shall continue to be in full force and effect as of the ClosingClosing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Orexigen Therapeutics, Inc.)
Certificate of Designation. The Company shall have filed shall, prior to or concurrently with the Closing, cause the Certificate of Designation to be filed with the Secretary of State of the State of Delaware on or prior to as set forth in the Closing, which shall continue to be in full force and effect as form of the ClosingCertificate of Designation attached hereto as Exhibit 2.2.
Appears in 1 contract
Samples: Securities Purchase Agreement (Weisel Thomas Partners Group LLC/Ca)
Certificate of Designation. The On or prior to the final Closing, the Company shall have filed with the Secretary of the State of Delaware the Certificate of Designation with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect is attached hereto as of the Closing.Exhibit A. ---------
Appears in 1 contract
Certificate of Designation. The Prior to the Closing, the Company shall have filed the with Certificate of Designation with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as State of the ClosingDelaware.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Objectsoft Corp)
Certificate of Designation. The As of the Closing Date, the Company shall have filed with the Delaware Secretary of State the Certificate of Designation with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the ClosingDesignation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Lighting Science Group Corp)
Certificate of Designation. The Company shall have filed the Certificate of Designation Designations with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Pacifichealth Laboratories Inc)
Certificate of Designation. The Company shall have filed the Certificate of Designation with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Series G Convertible Preferred Stock Purchase Agreement (International Stem Cell CORP)
Certificate of Designation. The Company shall have filed the Certificate of Designation with the Secretary of State of Delaware on or prior to the ClosingClosing Date, which shall continue to be in full force and effect as of the ClosingClosing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (SFX Entertainment, INC)
