Examples of Series A Preferred Shares in a sentence
Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the subscription agreement for the purchase of the Series A Preferred Shares (the “Subscription Agreement”) and/or Certificate of Designation.
On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Investors, severally and not jointly, agree to purchase such number of Series A Preferred Shares subscribed for pursuant to Annex A at a price equal to the Offering Price.
The Series A Preferred Shares and the Conversion Shares and Warrant Shares, when issued in accordance with the terms of the Series A Preferred Shares and the Warrants, respectively, will be validly issued, fully paid and non-assessable shares of Common Stock of the Company, free and clear of all Liens other than restrictions on transfer provided for in this Agreement and the Lock-Up Agreement.
To the extent required, the Company agrees to file a Form 45-106F1 with the ASC with respect to the sale of the Series A Preferred Shares no later than ten days after the Closing Date.
No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the Investors holding at least a majority in Series A Preferred Shares then outstanding or, in the case of a waiver, by the party against whom enforcement of any such waived provision is sought.