Common use of Protective Provisions Clause in Contracts

Protective Provisions. So long as shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 5 contracts

Samples: Intercreditor Agreement (Corsair Communications Inc), Loan and Security Agreement (Corsair Communications Inc), Warrant Agreement (Corsair Communications Inc)

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Protective Provisions. So long as shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Corsair Communications Inc), Stock Purchase Agreement (Corsair Communications Inc), Warrant Agreement (Corsair Communications Inc)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Company shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority sixty percent (60%) of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basisseparate class:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Orion Acquisition Corp Ii), Agreement and Plan of Merger (Selena Pharmeceuticals Inc), Agreement and Plan of Merger (Orion Acquisition Corp Ii)

Protective Provisions. (a) So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are shall be outstanding, this corporation the Corporation shall not not, without first obtaining having obtained the approval (by affirmative vote or written consent, as provided by law) consent of the holders of not less than a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basisclass:

Appears in 3 contracts

Samples: Registration Rights Agreement (GlassHouse Technologies Inc), Registration Rights Agreement (GlassHouse Technologies Inc), Registration Rights Agreement (GlassHouse Technologies Inc)

Protective Provisions. So long as shares of any Series A Preferred --------------------- Stock and/or Series B Preferred Stock are is outstanding, this corporation the Corporation shall not not, without first obtaining the approval (by written consent in lieu of a meeting, or the affirmative vote or written consentat a meeting called for such purpose, as provided by law) of the holders of a majority shares representing at least 75% of the then combined voting power of the issued and outstanding shares of Series A Preferred Stock A, Series B, Series C, Series D and Series B E Preferred Stock, voting together as a single class on an as converted basisclass:

Appears in 2 contracts

Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority at least sixty percent (60%) of the then outstanding shares of Series A Preferred Stock and Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock voting together as a single class on an as converted basisclass:

Appears in 2 contracts

Samples: Shareholders' Agreement (Discovery Partners International Inc), Shareholders' Agreement (Discovery Partners International Inc)

Protective Provisions. So long as shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 2 contracts

Samples: Securities Subscription Agreement (Spintek Gaming Technologies Inc \Ca\), Preferred Stock Purchase Agreement (Transaction Information Systems Inc)

Protective Provisions. So long as shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation This Corporation shall not (by amendment, merger, consolidation or otherwise) without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority of the then outstanding shares of Series A A-1 CONFIDENTIAL TREATMENT REQUESTED Preferred Stock and Stock, Series A-2 Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D Preferred Stock (voting together as a single class on an as as-converted basis:):

Appears in 2 contracts

Samples: Confidential Treatment Requested (Vitae Pharmaceuticals, Inc), Confidential Treatment Requested (Vitae Pharmaceuticals, Inc)

Protective Provisions. So long as shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Corporation shall not not, without first obtaining the approval (by vote or written consent, as provided by lawthe GCL) of the holders Holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Data Systems Network Corp), Agreement and Plan of Merger (Tekinsight Com Inc)

Protective Provisions. So Subject to the rights of any series of preferred stock that may from time to time come into existence, so long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then then-outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together separately as a single class on an as converted basisseries:

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Wireless Facilities Inc), Preferred Stock Purchase Agreement (Wireless Facilities Inc)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are remain outstanding, this corporation the Corporation shall not not, without first obtaining the approval (approval, by vote or written consent, as provided by law) of the holders of a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stockthen outstanding, voting together as a single class on an as converted basisseparate series:

Appears in 2 contracts

Samples: Investors' Rights Agreement (Gric Communications Inc), Warrant Purchase Agreement (Gric Communications Inc)

Protective Provisions. So Subject to the rights of any series of preferred stock that may from time to time come into existence, so long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then then-outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together separately as a single class on an as converted basisseries:

Appears in 2 contracts

Samples: Registration Rights Agreement (Photogen Technologies Inc), Preferred Stock Purchase Agreement (Wireless Facilities Inc)

Protective Provisions. So Subject to the rights of Series of Preferred Stock which may from time to time come into existence, so long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (International Microcomputer Software Inc /Ca/), Joint Operating Agreement (International Microcomputer Software Inc /Ca/)

Protective Provisions. So Subject to the rights of series of Preferred Stock which may from time to time come into existence, so long as any shares of Series A Preferred --------------------- Stock and/or and Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Collateral Therapeutics Inc), Preferred Stock Purchase Agreement (Collateral Therapeutics Inc)

Protective Provisions. So In addition to any approvals required by law, so long as fifty percent (50%) of the original issued shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least, a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 2 contracts

Samples: License Agreement (Chimerix Inc), License Agreement (Chimerix Inc)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Exchange Agreement (Entravision Communications Corp)

Protective Provisions. So Subject to the rights of any series of --------------------- Preferred Stock which may from time to time come into existence, so long as any shares of Series A Preferred --------------------- Stock and/or Series B C Convertible Preferred Stock are outstanding, this corporation the Corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B C Convertible Preferred Stock, voting together separately as a single class on an as converted basisclass:

Appears in 1 contract

Samples: Securities Purchase Agreement (Endorex Corp)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the written approval (by vote or written consent, as provided by law) of the holders of at least a majority of the voting power of the then outstanding shares of such Series A Preferred Stock and (i) alter or change the rights, preferences or privileges of the Series B A Preferred, or (ii) increase or decrease the total number of authorized shares of Series A Preferred Stock, voting together as a single class on an as converted basis:.

Appears in 1 contract

Samples: Employment Agreement (Redfin Network, Inc.)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority at least two-thirds of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Sale Agreement (Lets Talk Cellular & Wireless Inc)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority at least two thirds (2/3) of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Registration Rights Agreement (Transpac Capital Pte LTD)

Protective Provisions. So long as shares any share of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are is outstanding, this corporation the Corporation shall not not, without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Stock Purchase Agreement (Maxwell Technologies Inc)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Convertible Preferred Stock are outstanding, this corporation the Corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority eighty percent (80%) of the then outstanding shares of Series A Preferred Stock and Series B Convertible Preferred Stock, voting together as a single class on an as converted basisclass:

Appears in 1 contract

Samples: Securities Purchase Agreement (McCabe Greg)

Protective Provisions. So 9.1 Subject to the rights of series of preferred stock which may from time to time come into existence, so long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Corporation shall not not, without first obtaining the approval (by vote written consent or written consentat a meeting duly called, each as provided by law) of the holders of a majority of the then outstanding shares Majority In Interest of Series A Preferred Stock and Series B Preferred StockPreferred, voting together as a single class on an as converted basisclass:

Appears in 1 contract

Samples: Asset Purchase Agreement (Lucas Energy, Inc.)

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Protective Provisions. So long as any shares of Series A Preferred B --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation Corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:;

Appears in 1 contract

Samples: License Agreement (Intertrust Technologies Corp)

Protective Provisions. So Subject to the rights of series of Preferred Stock which may from time to time come into existence, so long as shares of Series A Preferred --------------------- Stock and/or the Series B Preferred Stock are outstandingconstitute at least 10% of the issued and outstanding shares of the Corporation on an as converted basis, this corporation the Corporation shall not (by amendment, merger, consolidation or otherwise) without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basisclass:

Appears in 1 contract

Samples: Voting Agreement (WhiteSmoke, Inc.)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are shall be outstanding, this corporation the Corporation shall not without first obtaining the approval (by vote or written consent, as provided by applicable law) of the holders of a majority of the voting power of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Odwalla Inc)

Protective Provisions. So long as shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Corporation shall not not, without first obtaining the approval (by vote or written consent, as provided by lawthe DGCL) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Securities Purchase Agreement (Saba Petroleum Co)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Corporation shall not not, without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then then-outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together separately as a single class on an as converted basisseries:

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Metawave Communications Corp)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock (or rights to acquire Series B Preferred Stock) are outstanding, this corporation the Corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of Series B Preferred Stock and/or warrants to acquire Series B Preferred Stock which represent at least a majority of the voting power of the then outstanding shares of such Series A B Preferred Stock and including shares that would be outstanding upon exercise of warrants to acquire Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ahl Services Inc)

Protective Provisions. (a) So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are remain outstanding, this corporation the Corporation shall not not, without first obtaining the approval (by vote or written consent, as provided consent by law) of the holders of a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basisseparate class, authorize:

Appears in 1 contract

Samples: Securities Purchase Agreement (Ward North America Holding Inc)

Protective Provisions. So Subject to the rights of series of Preferred Stock which may from time to time come into existence, so long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority at least two thirds (66.67%) of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Shareholders' Agreement (Pemstar Inc)

Protective Provisions. (a) So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Corporation shall not (either directly or indirectly by merger, consolidation, reclassification or similar transaction) without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then then-outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together separately as a single class on an as converted basisseries:

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Airspan Networks Inc)

Protective Provisions. So long as At any time when shares of Series A Preferred --------------------- Stock and/or Series B Convertible Preferred Stock are outstanding, this corporation the Corporation shall not not, either directly or indirectly by amendment, merger, consolidation or otherwise, do any of the following without first obtaining (in addition to any other vote required by law or the approval (by Articles of Incorporation) the written consent or affirmative vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Convertible Preferred Stock, given in writing or by vote at a meeting, consenting or voting together (as the case may be) separately as a single class on an as converted basisclass:

Appears in 1 contract

Samples: Stock Purchase Agreement (WES Consulting, Inc.)

Protective Provisions. So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are shall be outstanding, this corporation the Company shall not without first obtaining the approval (by vote or written consent, as provided by applicable law) of the holders of a majority of the voting power of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Odwalla Inc)

Protective Provisions. So long as any shares of Series A Preferred Stock or --------------------- Stock and/or Series B Preferred Stock are outstanding, and in addition to any other approval required by law, this corporation shall not not, without first obtaining the approval (by vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, Stock voting together as a single class on an as converted basisclass, instigate or consummate the following actions:

Appears in 1 contract

Samples: Shareholder Agreement (Internet Capital Group Inc)

Protective Provisions. (a) So long as at least twenty-five percent (25%) of the shares of Series A Preferred --------------------- Stock and/or Series B any series of Preferred Stock are remain outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority of the then outstanding shares of Series A Preferred Stock A, Series B, Series C-1, Series C-2, Series C-3, Series D and Series B E Preferred Stock, voting together as a single class on an as converted basisclass:

Appears in 1 contract

Samples: Voting Agreement (Adknowledge Inc)

Protective Provisions. (a) So long as any shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not not, without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

Appears in 1 contract

Samples: Foundry Networks Inc

Protective Provisions. So long as any shares of the Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation the Company shall not not, without first obtaining the approval (by affirmative vote or written consent, as provided by law) consent of the holders Holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together or consenting, as a single class on the case may be, separately as one class, given in person or by proxy, either in writing or by resolution adopted at an as converted basisannual or special meeting:

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Leslies Poolmart)

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