Existing Certificate definition
Examples of Existing Certificate in a sentence
The Borrower is not in violation of or default under any provision of its Existing Certificate or Bylaws.
There is no fact which, to the Knowledge of the Borrower, has not been disclosed to the Holder, which could be expected to have a Material Adverse Effect on the ability of the Borrower to perform its obligations under the Existing Certificate, Bylaws or this Note.
There is no fact which, to the Knowledge of the Borrower, has not been disclosed to the Holder, which could be expected to have a Material Adverse Effect on the ability of the Borrower to perform its obligations under the Existing Certificate, the Bylaws or this Note.
The Company is not in violation of or default under any provision of its Existing Certificate or Bylaws.
The ISDN 30 Service is a “Fixed Service” and the Fixed Terms will apply to this Service.
If shareholder approval is required for any securities to be issued pursuant to the provisions of Article FOURTH (B)(4)(a)(v) of the Existing Certificate the Company shall request such shareholder consent in its next annual shareholders meeting held after such requirement arises.
Article FOURTH (B)(4)(a)(v) of the Existing Certificate provides for certain adjustments to be made to the Series A Conversion Price (as defined therein) upon the occurrence of certain events listed therein.
To the extent that the Series B Special Liquidation and/or Special Liquidations (as defined in the Existing Certificate) are occurring concurrently, the Series B Special Liquidation under this Section 4(e) shall be deemed to occur first.
There is no fact which, to the Knowledge of the Company, has not been disclosed to the Purchasers, which could be expected to have a Material Adverse Effect on the ability of the Company to perform its obligations under the Existing Certificate, the Bylaws or this Agreement.
The Company is not in violation of or default under any provision of its Existing Certificate or Existing Bylaws.