Examples of Series F Certificate of Designations in a sentence
For purposes of clarification, the provisions of this Section 4.2 shall require the automatic conversion by the New Investors and their assigns' Existing Preferred Shares even if the Series F Convertible Preferred Stock is not automatically converted into Common Stock upon the occurrence of an Automatic Conversion Event as a result of the provisions of Section 6.2(ii) of the Series F Certificate of Designations.
Subject to the adoption and filing of the Series F Certificate of Designations with the Secretary of State of the State of Delaware, the Purchased Series F Preferred Stock has been duly and validly authorized and when issued and delivered against payment therefor pursuant to this Agreement will be duly and validly issued, fully paid and nonassessable.
The Company shall pay the liquidated damages due with respect to the Registrable Securities as additional amounts to the Selling Holders quarterly on each dividend payment date (as provided in the Series F Certificate of Designations), in Federal or other immediately available funds.
The New Investors hereby covenant and agree that the Existing Preferred Shares purchased by them pursuant to this Agreement shall automatically be converted into Common Stock in accordance with their terms upon the occurrence of an Automatic Conversion Event (as such term is defined in the Company's Certificate of Powers, Designations, Preferences and Rights of Series F Convertible Preferred Stock (the "Series F Certificate of Designations")).
The provisions of this Section 4.2 shall be deemed the New Investors' and their assigns' irrevocable notice of its election to convert the Existing Preferred Shares, effective immediately upon the occurrence of an Automatic Conversion Event, in accordance with Section 6 of the Series F Certificate of Designations.
The Company hereby covenants and agrees to include the approval of the Series F Anti-Dilution Adjustment Provisions (as defined in the Series F Certificate of Designations) as an item to be voted upon at the next annual meeting (the "Shareholders Meeting") of its shareholders (provided that Series F Shares remain outstanding at such time), and to recommend that the shareholders of the Company vote in favor of the approval of such provisions.
Out of aforementioned Subscription Rights to Shares as stock options, the Company delivers a maximum of 3,000 units for Company Auditors of the Company.
The Company hereby confirms and agrees that (i) except with respect to the waivers set forth in Section 1 above that are effective as of the Effective Time, the Series F Certificate of Designations and the other Transaction Documents shall continue to be, in full force and effect; (ii) the execution, delivery and effectiveness of this Waiver shall not operate as an amendment of any right, power or remedy of the Holder except to the extent expressly set forth herein.
The obligations of the Holder under this Agreement or the other Transaction Documents (as defined in the Series F Certificate of Designations) are several and not joint with the obligations of any other Person (each, an “Other Person”), and the Holder shall not be responsible in any way for the performance of the obligations of any Other Person under any other Transaction Document or similar agreement of any Other Person (the “Other Documents”).
Upon issuance or conversion in accordance with the Series F Certificate of Designations, the Conversion Shares will be validly issued, fully paid and nonassessable and free from all preemptive or similar rights, taxes, Liens or charges with respect to the issuance thereof, with the holders being entitled to all rights accorded to a holder of Common Stock.