Sale and Issuance of Series D Preferred Stock. 1.1.1 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 attached hereto as Exhibit A (the “Restated Certificate”).
Sale and Issuance of Series D 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 in Section 1.2(a) below) the Fourth Amended and Restated Certificate of Incorporation in the form attached hereto as Exhibit B (the "Restated Certificate").
Sale and Issuance of Series D Preferred Stock. (a) The Company will have authorized before Closing (as defined below) the sale and issuance of up to 1,500,000 shares of Series D Preferred Stock (the "Shares"), with the Shares having the rights, preferences, privileges and restrictions as set forth in the Company's Amended and Restated Articles of Incorporation in the form attached hereto as Exhibit A (the "Articles"), and the Company shall adopt and file the Articles with the Secretary of State of California on or before the Closing.
Sale and Issuance of Series D Preferred Stock. 1.1.1 The Company shall adopt and file with the Secretary of State of California on or before the Closing (as defined below) Amended and Restated Articles of Incorporation in the form attached hereto as Exhibit A (the "Restated Articles").
Sale and Issuance of Series D Preferred Stock. (a) The Company has authorized the sale and issuance of up to 1,776,199 shares of its Series D Preferred Stock (the "Shares") having the rights, privileges and preferences as set forth in the Company's Amended and Restated Articles of Incorporation (the "Articles") in the form attached to this Agreement as Exhibit B.
Sale and Issuance of Series D Preferred Stock. (a) The Company has adopted and filed with the Secretary of State of the State of Delaware a Certificate of the Designations, Preferences, Rights and Limitations of Series D Preferred Stock of the Company, a copy of which is attached hereto as Exhibit D (the "Certificate of Designations").
Sale and Issuance of Series D Preferred Stock. The Company shall sell to the investors and the Investors shall purchase from the Company, at a purchase price of $1.46 per share, a total of 3,188,357 shares of Series D Preferred Stock (the "Shares").
Sale and Issuance of Series D 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 in Section 1.3(a)) the Fourth Restated Certificate of Incorporation in the form attached hereto as Exhibit B (the “Fourth Restated Certificate”). The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the 2010 Initial Closing (as defined below in Section 1.3(c)) the Sixth Restated Certificate of Incorporation in the form attached hereto as Exhibit B-1 (the “Sixth Restated Certificate”). The term “
Sale and Issuance of Series D Preferred Stock. 1.1.1 The Company’s board of directors shall adopt a resolution approving the terms and sale of the Series D Preferred Stock pursuant to the terms of this Agreement and the Company shall file a Certificate of Designation stating the voting powers, designations, preferences, limitations, restrictions and relative rights of the class or series in accordance with the terms of this Agreement with the Secretary of State of the State of Nevada on or before the Initial Closing (as defined below).
Sale and Issuance of Series D Preferred Stock. Subject to the terms and conditions hereof, the Company will issue and sell to the Purchasers and the Purchasers will buy that number of Shares set forth opposite each Purchaser’s name on the Schedule of Purchasers attached hereto as Exhibit A at a per share purchase price of $1.879 (the “Per Share Price”) for the consideration specified opposite the name of each Purchaser in the Schedule of Purchasers. The Company’s agreements with each of the Purchasers are separate agreements, and the sale of the Shares to each Purchaser is a separate sale.
