Examples of Series E Securities in a sentence
The Tag-Along Notice shall set forth the terms and conditions of the Private Sale, including the number of Series E Securities that the Selling Stockholder proposes to sell (the “Offered Series E Securities”), the proposed timing of such Private Sale, the consideration to be paid for the Offered Series E Securities, the identity of the proposed purchaser, and all other material terms and conditions of such Private Sale, including the proposed form of written agreement, if any.
In addition, the Company will not issue any Series E Securities unless the purchaser thereof becomes a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement and such stockholder shall thereafter be deemed a “Stockholder” for all purposes hereunder.
For the purposes of any calculation in this Section 2 using the number of Series E Securities held as of the date of this Agreement, such calculations shall, for a transferee pursuant to this Section 2(b), instead use the number of Series E Securities received by such transferee pursuant hereto.
Notwithstanding anything to the contrary contained herein, if after the date hereof any person or entity acquires Series A Securities or Series E Securities, the Company shall use its reasonable best efforts to have such stockholder become a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement and such stockholder shall thereafter be deemed a “Stockholder” for all purposes hereunder.
The Selling Stockholder shall give written notice (the “Series E Tag-Along Notice”) to each of the Series E Stockholders of each proposed Sale of such Series E Securities at least ten (10) days prior to the proposed effective date of such Private Sale.
The Registration Statement and the offer, issuance and sale of the Common Shares and the Series E Securities as contemplated hereby and by the Series E Warrant, as applicable, meet the requirements of Rule 415(a)(1)(x) under the 1933 Act and comply in all material respects with said Rule.
The Series E Securities are subject to all such terms, and Holders of the Series E Securities are referred to the Indenture and said Act for a statement of them.
As provided in the applicable Registration Rights Agreement and subject to the limitations set forth therein, at the option of the Holders, the Series E Securities shall be exchangeable for Series F Securities of like aggregate principal amount pursuant to an Exchange Offer.
Such request from the Company shall specify the principal amount of the Series F Securities to be authenticated and the date on which the Series F Securities are to be exchanged for an equal principal amount of Series E Securities.
The Registration Statement is effective and available for the offer, issuance and sale of all of the Common Shares and the Series E Securities thereunder, and the Company has not received any notice that the SEC has issued or intends to issue a stop-order with respect to the Registration Statement or that the SEC otherwise has suspended or withdrawn the effectiveness of the Registration Statement, either temporarily or permanently, or intends or has threatened in writing to do so.