Examples of Series C Preferred Stockholder in a sentence
In the event of only a partial redemption of the outstanding shares of the Series C Preferred Stock entitled to redemption for any reason, the redemption of the Series C Preferred Stock shall be pro rata based upon the total amount that would be paid by the Corporation to each Series C Preferred Stockholder if all of the shares of the Series C Preferred Stock were fully redeemed pursuant to Section C.8(a) hereof.
The Corporation shall also cause a copy of such statement to be sent by first-class, certified mail, return receipt requested, postage prepaid, to each Series C Preferred Stockholder at such holder's address appearing on the Corporation's records.
The accounting firm shall audit the calculations and notify the Company and the Series C Preferred Stockholder of the results not later than two Business Days from the date it receives the disputed calculations.
All accrued dividends and unpaid interest shall be canceled and no longer be payable in the event the Company consummates a Qualified Public Offering on or before August 30, 1998 at a price per share of not less than the weighted average price paid or to be paid by the Series C Preferred Stockholder for all shares of Series C Preferred Stock then outstanding or subject to the Option, plus all accrued but unpaid dividends and interest thereon.
The Corporation shall promptly send by first-class mail, postage prepaid, to each Series C Preferred Stockholder at such holder's address appearing on the Corporation's records a copy of (i) each registration statement filed by the Corporation under the Securities Act and each amendment thereof and each exhibit and schedule thereto and (ii) each order of the Securities and Exchange Commission declaring any such registration statement to be effective.
The Corporation shall also cause a copy of such statement to be sent, by first-class, certified mail, return receipt requested, postage prepaid, to each Series C Preferred Stockholder at such holder's address appearing on the Corporation's records.
For purposes of this Section D.4, the conversion price per share shall be equal to the weighted average price paid or to be paid by the Series C Preferred Stockholder for each share of Series C Preferred Stock then outstanding or subject to the Option, plus all accrued but unpaid dividends and interest thereon.
If such dispute involves the calculation of the Series C Conversion Price, the Company shall submit the disputed calculations, and shall permit any Series C Preferred Stockholder to simultaneously submit its data and views, to an independent accounting firm of national reputation selected jointly by the Board of Directors and the Series C Preferred Stockholder via facsimile within two Business Days of receipt of the Conversion Notice.
Notwithstanding anything to the contrary contained in this Section 3.1, no Series B Preferred Stockholder or Series C Preferred Stockholder shall be permitted at any time to transfer to any Person any shares of Series B Convertible Preferred Stock or any shares of Series C Convertible Preferred Stock (as applicable) if such transfer would not be in compliance with the Act or any applicable state securities laws.
Xxxxxxxxxx Title: President UTOPIA CORE FUND, as Series C Preferred Stockholder and Warrant Holder By: /s/ Pxxx X.