Designation and Number of Shares. The shares of such series of Preferred Stock shall be designated as “Series B Convertible Preferred Stock” (the “Series B Preferred Stock”). The number of authorized shares constituting the Series B Preferred Stock shall be [___]. That number from time to time may be increased or decreased (but not below the number of shares of Series B Preferred Stock then outstanding) by further resolution duly adopted by the Board, or any duly authorized committee thereof, and by the filing of a certificate pursuant to the provisions of the DGCL stating that such increase or decrease, as applicable, has been so authorized. The Company shall not have the authority to issue fractional shares of Series B Preferred Stock.
Appears in 3 contracts
Samples: Registration Rights Agreement (Comscore, Inc.), Registration Rights Agreement (Comscore, Inc.), Registration Rights Agreement (Comscore, Inc.)
Designation and Number of Shares. The shares of such series of Preferred Stock shall be designated as “Series B A Convertible Preferred Stock” (the “Series B A Preferred Stock”). The number of authorized shares constituting the Series B A Preferred Stock shall be [___]1,500,000. That number from time to time may be increased or decreased (but not below the number of shares of Series B A Preferred Stock then outstanding) by further resolution duly adopted by the Board, or any duly authorized committee thereof, thereof and by the filing of a certificate pursuant to the provisions of the DGCL stating that such increase or decrease, as applicable, has been so authorized. The Company shall not have the authority to issue fractional shares of Series B A Preferred Stock.
Appears in 2 contracts
Samples: Investment Agreement (KAR Auction Services, Inc.), Investment Agreement (KAR Auction Services, Inc.)
Designation and Number of Shares. The shares of such series of Preferred Stock shall be designated as “Series B A Convertible Preferred Stock” (the “Series B A Preferred Stock”). The number of authorized shares constituting the Series B A Preferred Stock shall be [___]1,000,000. That number from time to time may be increased or decreased (but not below the number of shares of Series B A Preferred Stock then outstanding) by further resolution duly adopted by the Board, or any duly authorized committee thereof, thereof and by the filing of a certificate pursuant to the provisions of the DGCL stating that such increase or decrease, as applicable, has been so authorized. The Company shall not have the authority to issue fractional shares of Series B A Preferred Stock.
Appears in 2 contracts
Samples: Registration Rights Agreement (CommScope Holding Company, Inc.), Investment Agreement (US Foods Holding Corp.)
Designation and Number of Shares. The shares of such series of Preferred Stock shall be designated as “Series B A Convertible Preferred Stock” (the “Series B A Preferred Stock”). The number of authorized shares constituting the Series B A Preferred Stock shall be [___]100,000. That number from time to time may be increased or decreased (but not below the number of shares of Series B A Preferred Stock then outstanding) by further resolution duly adopted by the Board, or any duly authorized committee thereof, and by the filing of a certificate pursuant to the provisions of the DGCL stating that such increase or decrease, as applicable, has been so authorized. The Company shall not have the authority to issue fractional shares of Series B A Preferred Stock.
Appears in 1 contract
Samples: Investment Agreement (Cepton, Inc.)
Designation and Number of Shares. The shares of such series of Preferred Stock shall be designated as “Series B Convertible Preferred Stock” (the “Series B Preferred Stock”). The number of authorized shares constituting the Series B Preferred Stock shall be [___]1,000,000. That number from time to time may be increased or decreased (but not below the number of shares of Series B Preferred Stock then outstanding) by further resolution duly adopted by the Board, or any duly authorized committee thereof, thereof and by the filing of a certificate pursuant to the provisions of the DGCL stating that such increase or decrease, as applicable, has been so authorized. The Company shall not have the authority to issue fractional shares of Series B Preferred Stock.
Appears in 1 contract
Samples: Investment Agreement (Coty Inc.)
Designation and Number of Shares. The shares of such series of Preferred Stock shall be designated as “Series B [__] Convertible Preferred Stock” (the “Series B [__] Preferred Stock”). The number of authorized shares constituting the Series B [__] Preferred Stock shall be [___]. That number from time to time may be increased or decreased (but not below the number of shares of Series B Preferred Stock then outstanding) by further resolution duly adopted by the Board, or any duly authorized committee thereof, thereof and by the filing of a certificate pursuant to the provisions of the DGCL stating that such increase or decrease, as applicable, has been so authorized. The Company shall not have the authority to issue fractional shares of Series B [_] Preferred Stock.
Appears in 1 contract
Samples: Equity Purchase Agreement (Aeva Technologies, Inc.)
Designation and Number of Shares. The shares of such series of Preferred Stock shall be designated as “Series B A Convertible Perpetual Preferred Stock” (the “Series B A Preferred Stock”). The number of authorized shares constituting the Series B A Preferred Stock shall be [___]50,000. That number from time to time may be increased or decreased (but not below the number of shares of Series B A Preferred Stock then outstanding) by further resolution duly adopted by the Board, or any duly authorized committee thereof, thereof and by the filing of a certificate pursuant to the provisions of the DGCL stating that such increase or decrease, as applicable, has been so authorized. The Company shall not have the authority to issue fractional shares of Series B A Preferred Stock.
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