Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated Certificate of Incorporation in the form of Exhibit B attached to this Agreement (the “Restated Certificate”).
Appears in 5 contracts
Samples: Series a Preferred Stock Purchase Agreement (Anterios Inc), Series a Preferred Stock Purchase Agreement (Anterios Inc), Series a Preferred Stock Purchase Agreement (ScripsAmerica, Inc.)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Initial Closing (as defined below) the Amended and Restated Certificate of Incorporation in the form of Exhibit B attached to this Agreement (the “Restated Certificate”).
Appears in 4 contracts
Samples: Series a Preferred Stock Purchase Agreement (Nephros Inc), Preferred Stock Purchase Agreement (Cryolife Inc), Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing Initial Closing1 (as defined below) the Amended and Restated Certificate of Incorporation in the form of Exhibit B attached to this Agreement (the “Restated Certificate”).Certificate”).2
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement, Preferred Stock Purchase Agreement, Series a Preferred Stock Purchase Agreement
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated Certificate of Incorporation in the form of attached hereto as Exhibit B attached to this Agreement A (the “Restated Certificate”).
Appears in 3 contracts
Samples: Stock Purchase Agreement (Imperva Inc), Preferred Stock Purchase Agreement (Qlik Technologies Inc), Stock Purchase Agreement (Motive Inc)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Initial Closing (as defined below) the Third Amended and Restated Certificate of Incorporation in the form of Exhibit B attached to this Agreement (the “Restated Certificate”).
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (Kindara, Inc.), Series a Preferred Stock Purchase Agreement (Kindara, Inc.), Series a Preferred Stock Purchase Agreement (Kindara, Inc.)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below in Section 1.2) the Certificate of Designations of the Series A Preferred Stock (as defined below) the Amended and Restated Certificate of Incorporation in the form of attached hereto as Exhibit B attached to this Agreement A (the “Restated CertificateCertificate of Designations”).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Arthrocare Corp), Securities Purchase Agreement (OEP AC Holdings, LLC)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated Certificate of Incorporation in the form of attached hereto as Exhibit B attached to this Agreement A (the “"Restated Certificate”").
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Teknowledge Corp), Preferred Stock Purchase Agreement (Lendingtree Inc)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated Certificate of Incorporation in the form of attached hereto as Exhibit B attached to this Agreement A (the “Restated Certificate”).
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp), Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated Certificate of Incorporation Designation in the form of Exhibit B A attached to this Agreement (the “Restated Certificate”"Certificate of Designation").
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Pacifichealth Laboratories Inc)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended Designation of Rights and Restated Certificate Preferences of Incorporation Series A Preferred Stock in the form of attached hereto as Exhibit B attached to this Agreement (the “Restated Certificate”"Designation").
Appears in 1 contract
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing Date (as defined below) the Amended and Restated Certificate of Incorporation Designation in the form of attached hereto as Exhibit B attached to this Agreement (the “Restated "Certificate”").
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Seal Holdings Corp)
Sale and Issuance of Series A Preferred Stock. (a) The board of directors of the Company (the “Board”) shall adopt and shall cause the Company to file with the Secretary of State of the State of Delaware on or before the Closing (as defined belowbelow in Section 1.2) the Amended and Restated Certificate a certificate of Incorporation designations in the form of attached hereto as Exhibit B attached to this Agreement A (the “Restated CertificateCertificate of Designations”).
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Viskase Companies Inc)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the First Amended and Restated Certificate of Incorporation Incorporation, in the form of attached hereto as Exhibit B attached to this Agreement (the “"Restated Certificate”").
Appears in 1 contract
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated Certificate of Incorporation Designations in the form of Exhibit B A attached to this Agreement (the “Restated CertificateCertificate of Designations”).
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Tpi Composites, Inc)
Sale and Issuance of Series A Preferred Stock. (a) The Company’s Board of Directors (the “Board of Directors”) shall adopt, and the Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) ), the Amended and Restated Certificate of Incorporation Designations, Preferences, and Relative Rights and Limitations of Series A Cumulative Redeemable Preferred Stock in the form of Exhibit B A attached to this Agreement (the “Restated CertificateCertificate of Designations”).
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Willis Lease Finance Corp)
Sale and Issuance of Series A Preferred Stock. (a) The Board of Directors of the Company has approved, and upon receipt of all necessary stockholder approvals, the Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the ), an Amended and Restated Certificate of Incorporation in the form of attached hereto as Exhibit B attached to this Agreement A (the “"Restated Certificate”").
Appears in 1 contract
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Certificate of Amendment to the Amended and Restated Certificate of Incorporation in the form of attached hereto as Exhibit B attached to this Agreement C (the “Restated CertificateCertificate of Amendment”).
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (You on Demand Holdings, Inc.)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated a Certificate of Incorporation Designations of Preferred Stock in the form attached hereto as Exhibit A (the“Certificate of Exhibit B attached to this Agreement (the “Restated CertificateDesignations”).
Appears in 1 contract
Sale and Issuance of Series A Preferred Stock. (a) The Board of Directors of the Company has approved, and the Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated ), a Certificate of Incorporation Designations in the form of attached hereto as Exhibit B attached to this Agreement A (the “Restated Certificate”"Certificate of Designations").
Appears in 1 contract
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated Certificate of Incorporation Designations in substantially the form of attached hereto as Exhibit B attached to this Agreement A (the “Restated CertificateCertificate of Designations”).
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Smtek International Inc)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Initial Closing (as defined below) the Amended and Restated Certificate of Incorporation in the form of attached hereto as Exhibit B attached to this Agreement A (the “"Restated Certificate”").
Appears in 1 contract
Samples: 1 (Pets Com Inc)
Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Second Restated Certificate of Incorporation in the form of attached hereto as Exhibit B attached to this Agreement A (the “Restated Certificate”).
Appears in 1 contract
Samples: Stock Purchase Agreement (Aspect Software Group Holdings Ltd.)
