Examples of Series E SPA in a sentence
This Agreement and the Series E SPA contain the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements or understandings between the parties with respect thereto.
The “Special Series E Original Issue Price” and the “Special Series E Adjustment Event” shall have the definitions given each such term in Exhibit J of the Series E SPA.
In connection with such exchange, the Company and the Fund agree that the Fund shall execute the Series E SPA, as a purchaser thereunder, and that the Fund’s surrender of the Fund Deliveries shall constitute the Fund’s payment of its Subscription Amount (as defined in the Series E SPA) under the Series E SPA.
Where the local parties dispute the meaning of a proposal or provision, the Authority looks to the proposal’s or the provision’s plain wording and the union’s statement of intent.
This Section 8.9 supersedes in its entirety Section 8.7 of the Series E SPA.
In connection with the First Closing, the Corporation filed its Fifth Restated Certificate of Incorporation with the Delaware Secretary of State on July 1, 2003 (the "FIFTH RESTATED CERTIFICATE OF INCORPORATION") (collectively, the Series E SPA, the Stockholders' Agreement and the Fifth Restated Certificate of Incorporation are the "TRANSACTION DOCUMENTS").
Subject to Section 3.1 hereof, the representations and warranties to the Corporation set forth in Sections 6 and 9 of the Series E SPA, each of which representations and warranties shall be deemed repeated and confirmed by each Second Closing Investor (in each case, as to such Second Closing Investor only) as of the date hereof, are hereby specifically incorporated herein by reference as if they were fully set forth herein.
The parties agree that the Stockholders' Agreement is hereby amended as of the Second Closing Date so that: (a) any reference in the Stockholders' Agreement to the "Series E Stock Purchase Agreement" shall mean, collectively, the Series E SPA and the provisions of this Addendum governing the sale and purchase of the Second Closing Shares and (b) any reference in the Stockholders' Agreement to "Investor(s)" shall include the Second Closing Investor(s).
Securities issued pursuant to Item 4 of Schedule 2.2.1(b)(ii) of the Initial Series E SPA.
Subject to Section 4.1, all of the terms, conditions and provisions of the following sections of the Series E SPA, each of which terms, conditions and provisions shall be deemed repeated and confirmed by the Corporation and the Second Closing Investors as of the date hereof, are hereby specifically incorporated herein by reference as if they were fully set forth herein: Sections 8, 10, 12, 13 and 14.