Company Preferred Stock. “Company Preferred Stock” shall mean the Preferred Stock, $0.001 par value per share, of the Company.
Company Preferred Stock. “Company Preferred Stock” shall mean the Company’s preferred stock, including the Company Series A Preferred Stock, the Company Series B Preferred Stock and the Company Series C Preferred Stock.
Company Preferred Stock. 3.3(a) Company SEC Reports......................................... 3.6(a) Company Stock Option Plan................................... 2.3(a) Company Stockholder Approval................................ 3.4
Company Preferred Stock. Subject to the other provisions of this Section 2.1, each share of preferred stock, par value $.01 per share, of the Company ("Preferred Stock"), issued and outstanding immediately prior to the Effective Time (excluding any shares described in Sections 2.1(c) and (d)), shall be converted into the right to receive the number of fully paid and nonassessable Acquiror Shares equal to the Exchange Ratio multiplied by the number of shares of Common Stock into which such share of Preferred Stock was convertible immediately prior to the Effective Time. The Company's Series A 8% Cumulative Redeemable Preferred Stock ("Series A Preferred Stock"), Series B 8% Cumulative Redeemable Preferred Stock ("Series B Preferred Stock") and Series C 6% Cumulative Redeemable Preferred Stock ("Series C Preferred Stock"), shall be referred to herein collectively as the "Preferred Stock." The Exchange Ratio multiplied by the number of Acquiror Shares into which a share of each series of the Company's Preferred Stock shall be converted in the Merger shall be referred to herein collectively as the "Per Share Amounts" and individually as a "Per Share Amount." The Common Stock and Preferred Stock shall be referred to herein collectively as the "Capital Stock." All such shares of Preferred Stock shall cease to be outstanding and shall automatically be canceled and retired and shall cease to exist, and each certificate previously evidencing any such shares shall thereafter represent only the right to receive the Merger Consideration as described below. The holders of certificates previously evidencing such shares of Preferred Stock outstanding immediately prior to the Effective Time shall cease to have any rights with respect to such shares of Preferred Stock, except as otherwise provided herein or by law. Each such certificate previously evidencing such shares of Preferred Stock shall be exchanged for the applicable Per Share Amount multiplied by the number of shares previously evidenced by the canceled certificate upon the surrender of such certificate in accordance with the provisions of Section 2.3, without interest.
Company Preferred Stock. Section 3.2
Company Preferred Stock. 3.2(a) Company SEC Documents...................................................3.5
Company Preferred Stock. Section 3.2(a).....................................15
Company Preferred Stock ss. 3.03(a) Company Stock Option........................... ss. 2.04(a) Company Stock Option Plan...................... ss. 2.04(a) Company Stockholders' Meeting.................. ss. 6.01(b) Company Termination Fee........................ ss. 8.03(d) Company Waiver Request......................... ss. 6.07(d) Confidentiality Agreement...................... ss. 6.02(b) Contract....................................... ss. 3.05(a) Contribution and Exchange Agreement............ ss. 3.01(d) Credit Agreement............................... ss. 3.03(d) Debt Financing................................. ss. 4.08 DGCL........................................... ss. 1.
Company Preferred Stock. Shares of Company Preferred Stock issued and outstanding immediately prior to the Effective Time shall be exchanged for the right to receive, pari passu with the shares of Company Common Stock outstanding immediately prior to the Effective Time, a pro-rata portion of a total of 1,820,000 shares of Parent Common Stock.
Company Preferred Stock. (1) Each share of Company Series A Preferred Stock issued and outstanding immediately prior to the Effective Time shall be converted into the right to receive, but subject to the other provisions of this Section 2.1, one share of a series of Parent Preferred Stock (the “Series A Preferred Consideration”) to be designated, prior to the Closing Date, as Mandatory Convertible Non-Cumulative Preferred Stock and having powers, preferences and rights such that the holders of the Company Series A Preferred Stock are not adversely affected by such conversion.
