Issuance of Preferred Stock Sample Clauses

Issuance of Preferred Stock. Unless a Termination Event shall have occurred or the Company shall have redeemed all the Notes prior to the Stock Purchase Date in accordance with the Indenture, on the Stock Purchase Date upon receipt of the aggregate purchase price payable on all Stock Purchase Contracts, the Company shall cause to be issued and deposited with the Property Trustee (or its nominee), one or more certificates representing newly issued shares of Preferred Stock registered in the name of the Property Trustee (or its nominee) as custodian for the Issuer Trust to which the Issuer Trust is entitled hereunder.

Issuance of Preferred Stock. So long as this Warrant remains outstanding, the Company will not issue any capital stock of any class preferred as to dividends or as to the distribution of assets upon voluntary or involuntary liquidation, dissolution or winding up, unless the rights of the holders thereof shall be limited to a fixed sum or percentage of par value in respect of participation in dividends and in the distribution of such assets.

Issuance of Preferred Stock. The Preferred Stock may be issued from time to time in one or more series. The Board of Directors is hereby authorized, by filing one or more certificates pursuant to the Delaware General Corporation Law (each, a "Preferred Stock Designation"), to fix or alter from time to time the designations, powers, preferences and rights of each such series of Preferred Stock and the qualifications, limitations or restrictions thereof, including without limitation the dividend rights, dividend rate, conversion rights, voting rights, rights and terms of redemption (including sinking fund provisions), redemption price or prices, and the liquidation preferences of any wholly-unissued series of Preferred Stock, and to establish from time to time the number of shares constituting any such series and the designation thereof, or any of them; and to increase or decrease the number of shares of any series subsequent to the issuance of shares of that series, but not below the number of shares of such series then outstanding. In case the number of shares of any series shall be decreased in accordance with the foregoing sentence, the shares constituting such decrease shall resume the status that they had prior to the adoption of the resolution originally fixing the number of shares of such series.

Issuance of Preferred Stock. Borrower shall not issue any preferred stock after the Effective Date.

Issuance of Preferred Stock. The Company hereby agrees to issue to Investor, and Investor hereby agrees to acquire the Acquired Shares in exchange and consideration for Investor’s payment of the Purchase Price to the Company. As of the date hereof, upon payment of the Investor’s subscription price, the Company shall promptly issue the Acquired Shares to the Investor in book-entry only format and the Investor’s subscription funds shall be immediately available to the Company for its business purposes.

Issuance of Preferred Stock. Issue any preferred stock or other preferred Capital Stock or become liable in respect of any obligation (contingent or otherwise) to purchase, redeem, retire, acquire or make any other payment in respect of any Capital Stock of any Group Member, other than any Qualified Capital Stock.

Issuance of Preferred Stock. Subject to the terms and conditions of this Agreement, the Company agrees to issue to Micrologix and Micrologix hereby agrees to subscribe for and acquire (the “Subscription”) from the Company, the Shares. The closing of the sale and purchase of the Shares under this Agreement (the “Closing”) shall take place at such time or place as the parties shall mutually agree. It shall be a condition precedent to the Closing that Micrologix shall have received an opinion of counsel in form and substance satisfactory to it and that the Company shall have received (a) a certificate of good standing for Micrologix issued by the office of the British Columbia Registrar of Companies and (b) a certified copy signed by an authorized officer of Micrologix of the resolutions of Micrologix’ Board of Directors approving the execution and delivery of the License Agreement and this Agreement and the consummation of the transactions contemplated therein and herein.

Issuance of Preferred Stock. Subject to the terms and conditions of this Agreement, the Cooperative shall issue and sell to the Investors, and each Investor agrees, severally and not jointly, to purchase from the Cooperative, at the purchase price of $50.00 per share, an aggregate of up to 1,500 shares of Series B preferred shares (the “B Shares”). Subject to the terms and conditions of this Agreement, the Cooperative shall issue and sell to the Investors, and each Investor agrees, severally and not jointly, to purchase from the Cooperative, at the purchase price of $500.00 per share, an aggregate of up to 1,350 shares of Series C preferred Shares (the “C Shares”). Subject to the terms and conditions of this Agreement, the Cooperative shall issue and sell to the Investors, and each Investor agrees, severally and not jointly, to purchase from the Cooperative, at the purchase price of $500.00 per share, an aggregate of up to 1,500 shares of Series D preferred shares (the “D Shares”). The aggregate purchase price to be paid and the number of B, C and D Shares to be purchased by each Investor is set forth opposite the name of each Investor on Exhibit A.

Issuance of Preferred Stock. The Company shall not issue any Preferred Stock except pursuant to this Agreement.

Issuance of Preferred Stock. Borrower shall not issue any preferred stock after the date hereof without the consent of the Bank. As of the date hereof, Borrower represents and warrants that it does not have any preferred stock issued and outstanding.