Examples of Series B Documents in a sentence
This Agreement and each of the other Series B Documents each constitute, or will constitute upon execution, a valid and binding agreement of the Company, enforceable against the Company in accordance with their respective terms.
The execution and delivery by the Company of this Agreement and each of the other Series B Documents and the performance by the Company of its obligations set forth in Article V require no action by or in respect of, or filing with any governmental body agency or official by the Company (other than as specifically contemplated by Article V).
The execution, delivery and performance by the Company of this Agreement and the other Series B Documents and the consummation by the Company of the transactions contemplated hereby and thereby are within the Company's corporate powers and have been duly authorized by all necessary corporate action on the part of Company.
Upon the conversion of this Note and ------------------------------- return of the original Note to the Company together with executed Series B Documents, the Company at its expense will issue and deliver to the Holder of this Note a certificate or certificates (bearing such legends as are required by applicable state and federal securities laws in the opinion of counsel to the Company) for the number of whole shares of Series B Preferred Stock issuable upon such conversion.
Notwithstanding the foregoing, the Holder acknowledges that the release set forth above does not affect, waive or release any claim that any Company Releasing Person may have under the Series B Documents or the Transaction Documents.
This Agreement constitutes, and each of the other Series B Documents, when executed and delivered by such Holder, will constitute, a valid and binding agreement of such Holder, enforceable against such Holder in accordance with its terms.
If under any circumstances whatsoever, interest in excess of the Maximum Rate is paid by the Company to any Holder with respect to indebtedness evidenced by the Series B Documents, such excess shall be applied by such Holder to the unpaid principal balance of any such indebtedness or be refunded to the Company, the manner of handling such excess to be at such Holder's election.
The Company further acknowledges that, subject to the satisfaction by the Holders of their obligations under the Series B Documents, the Company's obligations under the Series B Documents, including without limitation its obligation to issue the Warrant Securities pursuant to the Series B Documents, are unconditional and absolute and not subject to any right of set off, counterclaim, delay or reduction, regardless of the effect of any such dilution or any claim that the Company may have against any Holder.
Nothing contained herein or in any Series B Document or Transaction Document, and no action taken by any Holder or Purchaser pursuant thereto, shall be deemed to constitute the Holders or Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption 30 that the Holders or Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Series B Documents or the Transaction Documents.
Except for the fees and expenses to be paid by the Company pursuant to the terms of this Agreement and the Series D Agreement, there is no investment banker, broker, finder or other intermediary which has been retained by such Holder who is or will be entitled to any fee or commission from the Company arising from consummation of the transactions contemplated by this Agreement and the other Series B Documents.