Examples of Series B Exchange Agreement in a sentence
The Company and each Investor agree that following the Closing the terms of this Section 4(r) shall replace and supersede the terms of Section 4(r) of the Series B Exchange Agreement.
The Company shall not, directly or indirectly, without the prior written consent of the Required Holders, (i) issue any Series B Preferred Shares (other than as contemplated by the Series B Exchange Agreement and this Certificate of Designations), or (ii) issue any other securities that would cause a breach or default under this Certificate of Designations.
The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, engage in any material line of business substantially different from those lines of business conducted by or publicly contemplated to be conducted by the Company and each of its Subsidiaries on the Series B Exchange Agreement Effective Date or any business substantially related or incidental thereto.
The mailing addresses and e-mail addresses for such communications shall be as set forth in the Series B Exchange Agreement or to such other mailing address and/or e-mail address and/or to the attention of such other Person as the recipient party has specified by written notice given to each other party five (5) days prior to the effectiveness of such change.
These changes were interpreted by analysts as reflecting issues of personal trust rather than issues of institutional set up.
Without limiting any provision of Section 7 or Section 14, if the Company at any time on or after the Series B Exchange Agreement Effective Date subdivides (by any stock split, stock dividend, stock combination, recapitalization or other similar transaction) one or more classes of its outstanding shares of Common Stock into a greater number of shares, the Conversion Price in effect immediately prior to such subdivision will be proportionately reduced.
Without limiting any provision of Section 7 or Section 14, if the Company at any time on or after the Series B Exchange Agreement Effective Date combines (by any stock split, stock dividend, stock combination, recapitalization or other similar transaction) one or more classes of its outstanding shares of Common Stock into a smaller number of shares, the Conversion Price in effect immediately prior to such combination will be proportionately increased.
The Company and the applicable holders of the Series B Convertible Notes shall have executed the Series B Exchange Agreement, in a form reasonably satisfactory to the Purchasers and substantially in the form attached hereto as Exhibit B, and the parties to the Series B Exchange Agreement shall have received an executed copy thereof.
If the Corporation enters into a Variable Rate Transaction, despite the prohibition set forth in the Series B Exchange Agreement, the Corporation shall be deemed to have issued Common Stock or Common Stock Equivalents at the lowest possible conversion price at which such securities may be converted or exercised.
On June 14, 2016, the Company entered into another Exchange Agreement (the “Series C Exchange Agreement”) with the PIPE Investors, pursuant to which the PIPE Investors agreed to exchange their shares of Series B Preferred Stock issued pursuant to the Series B Exchange Agreement on a one for one basis for shares of Series C Preferred Stock.