Series B-4 Preferred Stock definition

Series B-4 Preferred Stock means shares of the Company’s Series B-4 Preferred Stock, par value $0.000001 per share.

Series B-4 Preferred Stock means the Series B-4 Convertible Preferred Stock issued pursuant to the Purchase Agreement.

Series B-4 Preferred Stock has the meaning set forth in the Recitals. (hhh) “Shares” has the meaning set forth in Section 1.1. (iii) “Stock Plan” has the meaning set forth in Section 2.2(b). (jjj) “Subsidiaries” means any Person in which the Company, directly or indirectly, (a) owns an amount of voting securities or other interests that is sufficient to enable the Company to elect at least a majority of the members of such Person’s board of directors or other governing body or at least 50% of the outstanding equity or similar interests of such Person or (b) controls or operates all or any part of the business, operations or administration of such Person, and each of the foregoing, is individually referred to herein as a “Subsidiary.” (kkk) “Tax” means any federal, state, local, or non-U.S. income, gross receipts, license, payroll, employment, excise, severance, stamp, occupation, premium, windfall profits, environmental, customs duties, capital stock, franchise, profits, withholding, social security (or similar), unemployment, disability, real property, personal property, sales, use, transfer, registration, value added, alternative or add-on minimum, estimated, or other tax of any kind whatsoever, including any interest, penalty, or addition thereto, whether disputed or not and including any obligations to indemnify or otherwise assume or succeed to the Tax liability of any other Person. (lll) “Tax Returns” means any return, declaration, report, claim for refund, or information return or statement relating to Taxes, including any schedule or attachment thereto, and including any amendment thereof. (mmm) “Transaction Documents” means this Agreement; the Series B-4 Certificate; the Investment Agreement; and the Investors’ Rights Agreement. (nnn) “Transactions” means the sale and issuance of the Shares to the Purchaser and the execution and delivery of the Transaction Documents and the consummation by the Company of all of the transactions contemplated therein. 7 19691978.6 Execution Version Exhibit 10.1 2.

Examples of Series B-4 Preferred Stock in a sentence

• Subject to the terms and conditions of this Agreement, at the Closing, the Purchaser agrees to purchase and the Company agrees to sell and issue to the Purchaser 1,875,000 shares of Series B-4 Preferred Stock at a price of $3.20 per share (the “Purchase Price”).

• The shares of Series B-4 Preferred Stock issued to the Purchaser pursuant to this Agreement shall be referred to in this Agreement as the “Shares”.

• The Required Holders (as defined in the Second Amended and Restated Series B-1, B-2 and B-3 Certificate) of the shares of the Company’s Series B Preferred Stock outstanding immediately prior to the date of this Agreement have approved the Company’s entry into this Agreement and its creation of the Series B-4 Preferred Stock and the issuance of the Shares in accordance with the terms and conditions of the Series B-4 Certificate.

• The Series B Preferred Stock, Series B-1 Preferred Stock, Series B-2 Preferred Stock, Series B-3 Preferred Stock and Series B-4 Preferred Stock are collectively referred to herein as the “Series B Preferred”.

• Proposed by the Debtor and the Official Committee of Unsecured Creditors dated December 23, 2014 (the “ Plan”; D.I. 469) defines “Series B Preferred Stock Interests” to include “the Series B-1Preferred Stock Interests, the Series B-2 Preferred Stock Interests, the Warrants for the Series B- 3 Preferred Stock Interests, and the Series B-4 Preferred Stock Interests.” See Plan at Art.

• Upon a Liquidation Event or Deemed Liquidation Event, after the payment in full of the Series B-4 Liquidation Preference required to be paid to the Holders as set forth in Section 4(a) above, the Holders will not be entitled to any further participation in any distribution of the remaining assets of the Corporation as Holders of shares of Series B-4 Preferred Stock.

• If the Corporation shall at any time or from time to time effect a subdivision of the outstanding Voting Common Stock, the Conversion Price in effect immediately before that subdivision shall be proportionately decreased so that the number of shares of Common Stock issuable on conversion of each share of Series B-4 Preferred Stock shall be increased in proportion to such increase in the aggregate number of shares of Voting Common Stock outstanding.

• All Holders shall be sent written notice of the Automatic Conversion Time at least ten (10) days prior to the effectiveness thereof and the place designated for automatic conversion of all such shares of Series B-4 Preferred Stock pursuant to this Section 7.

• Any shares of Series B-4 Preferred Stock that are redeemed or otherwise acquired by the Corporation shall be automatically and immediately retired and shall not be reissued, sold or transferred.

• The Corporation shall not have the right to redeem or convert (or cause the redemption or conversion of) any shares of the Series B-4 Preferred Stock, other than (i) an automatic conversion as set forth in Section 7(a), (ii) a redemption following either a Noncompliance Redemption Demand or a Required Redemption Demand, or (iii) an Optional Redemption pursuant to Section 8(c).

More Definitions of Series B-4 Preferred Stock

Series B-4 Preferred Stock means the up to 250 shares of the Company’s Series B-4 Convertible Preferred Stock issued hereunder having the rights, preferences and privileges set forth in the Series B-4 Certificate of Designation, in the form of Exhibit A-2 hereto.

Series B-4 Preferred Stock has the meaning set forth in the Recitals.