Preferred Stock Sample Contracts

BLOOM ENERGY CORPORATION AGREEMENT AND WARRANT TO PURCHASE SERIES F PREFERRED STOCK Effective Date: July 1, 2014 Void After: July 1, 2021
Preferred Stock • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • Delaware

This Agreement and Warrant to Purchase Series F Preferred Stock (this “Agreement” or “Warrant”) certifies that, for value received, PE12PXVC (US DIRECT) LTD., or any permitted transferee (the “Holder”), is entitled, subject to the terms set forth below, to purchase from Bloom Energy Corporation, a Delaware corporation (the “Company”), up to 372,074 shares of Series F Preferred Stock of the Company (“Series F Preferred Stock”), upon surrender of this Warrant, at the principal office of the Company referred to below, with the subscription form attached hereto duly executed, and simultaneous payment therefor, as hereinafter provided, of the aggregate Exercise Price (as defined below). The Exercise Price and the number of shares of Series F Preferred Stock purchasable hereunder are subject to adjustment as provided herein.

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EXHIBIT 1(d) FLORIDA POWER & LIGHT COMPANY PREFERRED STOCK UNDERWRITING AGREEMENT
Preferred Stock • June 8th, 2004 • Florida Power & Light CO Trust II • Electric services • New York
SECURITIES EXCHANGE AND SERIES A PREFERRED STOCK PURCHASE AGREEMENT
Preferred Stock • July 31st, 2017 • Freeze Tag, Inc. • Services-prepackaged software • California

This Securities Exchange and Series A Preferred Stock Purchase Agreement (this “Agreement”) is made and entered into effective as of the 25th day of July, 2017 (the “Effective Date”) by and between Freeze Tag, Inc., a Delaware corporation (the “Company”), and Accredited Investor #3, a Nevada limited liability company (the “Holder”). The Company and Holder shall each be referred to as a “Party” and collectively as the “Parties.”

AGREEMENT REGARDING DEBT AND SERIES H PREFERRED STOCK
Preferred Stock • November 21st, 2019 • McMahon Brian P • Telephone communications (no radiotelephone)

This First Amendment to the Agreement Regarding Debt and Series H Preferred Stock (this “Amendment”), dated as of November 8, 2019, is entered into by and among FTE Networks, Inc., a Nevada corporation (the “Company”), Fred Sacramone (“Sacramone”) and Brian McMahon (“McMahon”).

SECTION 382 TAX BENEFITS PRESERVATION PLAN by and between OCEAN POWER TECHNOLOGIES, INC. and COMPUTERSHARE TRUST COMPANY, N.A., as Rights Agent Dated as of June 29, 2023
Preferred Stock • June 30th, 2023 • Ocean Power Technologies, Inc. • Electric services • Delaware

WHEREAS, the Company and certain of its Subsidiaries (as hereinafter defined) have generated certain Tax Benefits (as hereinafter defined) for United States federal income tax purposes which the Company views as valuable assets of the Company;

AMENDED AND RESTATED PREFERRED STOCK INVESTOR REGISTRATION RIGHTS AGREEMENT
Preferred Stock • July 15th, 2002 • Transmontaigne Inc • Pipe lines (no natural gas) • New York

AMENDED AND RESTATED PREFERRED STOCK INVESTOR REGISTRATION RIGHTS AGREEMENT (this “Agreement”) dated as of June 27, 2002, between TransMontaigne Inc., a Delaware corporation (the “Company”), and the entities listed on the signature pages of this Amended and Restated Registration Rights Agreement (the “Preferred Stock Investors”).

AMENDMENT NO. 2 TO SERIES A PREFERRED STOCK PURCHASE AGREEMENT
Preferred Stock • May 10th, 2016 • Targa Resources Corp. • Natural gas transmission • Delaware

This AMENDMENT NO. 2 (this “Amendment”) to that certain Series A Preferred Stock Purchase Agreement, dated as of February 18, 2016 (as amended by that certain Amendment No. 1 to Series A Preferred Stock Purchase Agreement, dated as of March 3, 2016, the “Agreement”), by and among TARGA RESOURCES CORP., a Delaware corporation (the “Company”), and Stonepeak Target Holdings LP, a Delaware limited partnership (the “Purchaser”), is made as of March 15, 2016, by and between the Company and the Purchaser. Capitalized terms used but not defined herein have the meanings given such terms in the Agreement.

CERTIFICATE OF DESIGNATION OF ROCKY MOUNTAIN HIGH BRANDS, INC. Pursuant to Section 78.1955 of the Nevada Revised Statutes SERIES A PREFERRED STOCK
Preferred Stock • March 15th, 2017 • Rocky Mountain High Brands, Inc. • Beverages

On behalf of Rocky Mountain High Brands, Inc., a Nevada corporation (the “Company”), the undersigned hereby certifies that the following resolution has been duly adopted by the board of directors of the Company (the “Board”):

DEBT CONVERSION AND SERIES A PREFERRED STOCK PURCHASE AGREEMENT
Preferred Stock • August 21st, 2017 • TransBiotec, Inc. • Periodicals: publishing or publishing & printing • California

This Debt Conversion and Series A Preferred Stock Purchase Agreement (this “Agreement”) is made and entered into effective as of the [___] day of November, 2015 (the “Effective Date”) by and between TransBiotec, Inc., a Delaware corporation (the “Company”), and [________], an individual (the “Purchaser”). The Company and Purchaser shall each be referred to as a “Party” and collectively as the “Parties.”

CERTIFICATE OF DESIGNATION OF New You, Inc. Pursuant to Section 78.1955 of the Nevada Revised Statutes SERIES A PREFERRED STOCK
Preferred Stock • May 7th, 2021 • New You, Inc. • Perfumes, cosmetics & other toilet preparations

On behalf of New You, Inc., a Nevada corporation (the “Company”), the undersigned hereby certifies that the following resolution has been duly adopted by the board of directors of the Company (the “Board”):

AGREEMENT REGARDING DEBT AND SERIES H PREFERRED STOCK
Preferred Stock • May 11th, 2020 • FTE Networks, Inc. • Telephone communications (no radiotelephone)

This Second Amendment to the Agreement Regarding Debt and Series H Preferred Stock (this “Amendment”), dated as of May 1, 2020, is entered into by and among FTE Networks, Inc., a Nevada corporation (the “Company”), Fred Sacramone (“Sacramone”) and Brian McMahon (“McMahon”).

PREFERRED STOCK EXCHANGE AGREEMENT
Preferred Stock • May 11th, 2021 • Monaker Group, Inc. • Transportation services • Nevada

This Preferred Stock Exchange Agreement (this “Agreement”) dated and effective May ____, 2021 (the “Effective Date”), is by and between, Monaker Group, Inc., a Nevada corporation (the “Company”) and International Financial Enterprise Bank, Inc. (“IFEB”), each a “Party” and collectively the “Parties”.

PREFERRED STOCK SUBSCRIPTION AGREEMENT IN CODE GREEN APPAREL CORP.
Preferred Stock • January 29th, 2016 • Code Green Apparel Corp • Gold and silver ores • Nevada
AMENDMENT TO THE WARRANT TO PURCHASE SERIES C PREFERRED STOCK
Preferred Stock • November 1st, 2021 • Rivian Automotive, Inc. / DE • Motor vehicles & passenger car bodies • Delaware

This amendment (this “Amendment”) is entered into as of October 31, 2021 (the “Effective Date”), by and between Amazon.com NV Investment Holdings LLC (the “Holder”) and Rivian Automotive, Inc., a Delaware corporation (the “Company”, together with the Holder, the “Parties”), for the purpose of amending the warrant to purchase Series C Preferred Stock (the “Warrant”), dated as of September 16, 2019, by and between the Holder and the Company.

CERTIFICATE OF DESIGNATION OF LONGVIEW REAL ESTATE, INC. Pursuant to Section 151(g) of the Delaware General Corporation Law SERIES A PREFERRED STOCK
Preferred Stock • January 16th, 2014 • Longview Real Estate, Inc. • Lumber & wood products (no furniture)

On behalf of Longview Real Estate, Inc., a Delaware corporation (the “Corporation”), the undersigned hereby certifies that the following resolution has been duly adopted by the board of directors of the Corporation (the “Board”):

PREFERRED STOCK WARRANT TO PURCHASE [*] SHARES OF SERIES E PREFERRED STOCK OF INTERWOVEN, INC.
Preferred Stock • September 3rd, 1999 • Interwoven Inc • Services-prepackaged software • California
MERRILL LYNCH & CO., INC. (a Delaware corporation) UNDERWRITING AGREEMENT FOR DEPOSITARY SHARES REPRESENTING PREFERRED STOCK Dated: April 22, 2008
Preferred Stock • April 29th, 2008 • Merrill Lynch & Co Inc • Security brokers, dealers & flotation companies • New York

Merrill Lynch & Co., Inc. has filed a registration statement (including a prospectus, general prospectus supplement, product supplement No. PS-2 and a preliminary pricing supplement) with the SEC for the offering to which this communication relates. Before you invest, you should read each of these documents and other documents filed with the SEC and incorporated by reference in such documents for more complete information about Merrill Lynch & Co., Inc. and this offering. You may get these documents for free by visiting EDGAR on the SEC Web site at www.sec.gov, as listed below. Alternatively Merrill Lynch, Pierce, Fenner & Smith Incorporated will arrange to send you these documents if you request them by calling Merrill Lynch, Pierce, Fenner & Smith Incorporated toll-free at 1-866-500-5408.

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Preferred Stock • May 28th, 1998 • Dain Rauscher Corp • Security brokers, dealers & flotation companies
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