Examples of Series C COD in a sentence
The Conversion Shares have been duly authorized by all requisite corporate action on the part of the Company under the DGCL and, when the Conversion Shares are delivered to and paid for in accordance with the terms of the Series C COD and when evidence of the issuance thereof is duly recorded in the Company’s books and records, the Conversion Shares will be validly issued, fully paid andnon-assessable.
For the purposes of this opinion letter, we have assumed that at the time of issuance of each Warrant Share and Conversion Share, the Charter, the Bylaws, the Warrant and the Series C COD, as applicable, will not have been modified or amended and will be in full force and effect.
All questions concerning the construction, validity, enforcement and interpretation of the Series C COD shall be governed by and construed and enforced in accordance with the internal laws of the State of Wyoming, without regard to the principles of conflicts of law thereof.
All questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents except the Series C COD shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof.
In addition, LTM Adjusted EBITDA is used as part of the covenants relating to incurrence of debt in the Series B COD and the Series C COD .
According to EMIR Article 44(1), a clearing member, parent undertaking or subsidiary of that clearing member shall not provide more than 25% of the credit lines needed by the CCP.
The Conversion Shares, when issued upon conversion of the Series C Shares in accordance with the terms of the Series C COD, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company.
At any time that any Series C Shares are outstanding, the Company shall cause to be maintained all authorizations required for the issuance of a number of Series C Conversion Shares which the Company may be liable to issue upon the conversion of shares of Series C Preferred Stock from time to time remaining outstanding, in accordance with the terms and conditions of the Series C COD.
For the purposes of this Agreement, the following capitalized terms have the meanings set forth in this Section 1.1 and certain capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Series C COD: “Acquiring Person” shall have the meaning ascribed to such term in Section 4.5.
The Conversion Shares, when issued upon conversion of the Series C Shares in accordance with the terms of the Series C COD, and the Warrant Shares, when issued in accordance with the terms of the Warrants, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company.