Examples of Series B SPA in a sentence
Any disputes in connection therewith shall be resolved pursuant to Section 11.13 of the Series B SPA.
If within thirty (30) calendar days following the date on which such Dispute Notice is given the dispute cannot be resolved, the dispute shall be submitted to arbitration in accordance with Section 11.13 of the Series B SPA, upon the request of one party with notice to the other relevant party.
The Company’s representations and warranties under Section 3 to the Series B SPA, are hereby fully incorporated by reference (the “Reps”) and the Company hereby represents and warrants the Reps to Funder as of the Initial Closing.
Series B Preferred Stock Purchase Agreement, dated as of December 21, 2007 (the “Series B SPA”), and (vi) Skullcandy Common Stock Purchase Agreement, dated September 18, 2007 (the “CSPA” and, together with the Rights Agreement, Voting Agreement, ROFR Agreement, Series A SPA, Series B SPA and CSPA, the “Original Agreements”).
Capitalized terms used in this Agreement but not otherwise defined herein shall have the meanings set forth in the Additional Series B SPA.
This Agreement supersedes all prior agreements, written or oral, between the parties hereto with respect to the subject matter hereof and contains the entire agreement between the parties with respect to the subject matter hereof except that it shall be interpreted and consistent in construction with the Series B SPA.
The Series B SPA contains a standstill provision for the benefit of Decibel that survives until the later to occur of (i) February 17, 2026, as the fifth anniversary of the consummation of Decibel’s initial public offering, and (ii) the second anniversary of the expiration of the research program term under the Collaboration Agreement, which currently is scheduled to expire on November 23, 2023.
This Agreement and the Exhibits hereto, the Additional Series B SPA, the Common SPA and any agreements and documents executed by the Parties simultaneously herewith, including the Warrants and the agreements, in addition to this Agreement, being entered into pursuant thereto, represent the entire understanding and agreement of the Parties with reference to the transactions set forth herein and supersede all prior understandings and agreements (written or oral) made by the Parties.
This Warrant shall be issued on the date that is the earlier of (i) the consummation of the purchase by the Xxxxxxxxx Funds and SBAV of the Additional Series B Shares pursuant to the Additional Series B SPA and (ii) subject to Section 3.2, the first (1st) anniversary of the Initial Series B Closing Date.
Series B Shares and Convertible Securities (and the Series B Shares issued upon the exercise thereof) issued pursuant to the Series B SPA.