Actions to be Taken. In the event that (i) the holders of at least eighty-five percent (85%) of the shares of Common Stock then issued (the “Selling Stockholders”) and (ii) the Board of Directors approve a Sale of the Company in writing, specifying that this Section 2 shall apply to such transaction, then each Stockholder and the Company hereby agree:
Appears in 5 contracts
Samples: Voting Agreement, Asset Acquisition Agreement (Cesca Therapeutics Inc.), Adoption Agreement (Cesca Therapeutics Inc.)
Actions to be Taken. In the event that (i) the holders of at least eighty-five percent (85%) a majority of the shares of Common Stock then issued issuable upon conversion of the shares of the then-outstanding Preferred Stock (the “Selling StockholdersInvestors”) and (ii) the Board of Directors approve a Sale of the Company in writing, specifying that this Section 2 shall apply to such transaction, then each Stockholder and the Company hereby agreeagrees:
Appears in 3 contracts
Samples: Stockholders’ Agreement, Stockholders’ Agreement (Arsanis, Inc.), Stockholders’ Agreement (Arsanis, Inc.)
Actions to be Taken. In the event that (i) the holders of at least eightyseventy-five percent (8575%) of the shares of Common Stock then issued or issuable upon conversion of the shares of Series A Preferred Stock (the “Selling StockholdersInvestors”) and (ii) the Board of Directors approve a Sale of the Company in writing, specifying that this Section 2 3 shall apply to such transaction, then each Stockholder and the Company hereby agree:
Appears in 2 contracts
Samples: Voting Agreement (Lantern Pharma Inc.), Voting Agreement (Lantern Pharma Inc.)
Actions to be Taken. In the event that (i) the holders of at least eighty-five percent (85%) a majority of the shares of Common Stock then issued Shares (the “Selling StockholdersShareholders”) and (ii) the Board of Directors approve a Sale of the Company in writing, specifying that this Section 2 shall apply to such transaction, then each Stockholder and the Company Shareholder hereby agreeagrees:
Appears in 2 contracts
Samples: Voting Agreement (Paylocity Holding Corp), Voting Agreement (Paylocity Holding Corp)
Actions to be Taken. In the event that (i) the holders of at least eighty-five percent (85%1) a majority of the shares outstanding Common Shares, (2) a majority of Common Stock then issued the outstanding Preferred Shares (collectively, the “Selling StockholdersInvestors”) and (ii3) the Board of Directors approve a Sale of the Company in writing, specifying that this Section 2 4(b) shall apply to such transaction, then each Stockholder and the Company hereby agreeagrees:
Appears in 2 contracts
Samples: Stockholders’ Agreement (Syncardia Systems Inc), Stockholders’ Agreement (Syncardia Systems Inc)
Actions to be Taken. In the event that (i) the Board and the holders of at least eighty-five eighty one percent (8581%) of the shares voting power of Common Stock then issued the outstanding capital stock of the Company (the “Selling Stockholders”) and (ii) the Board of Directors ), approve a Sale of the Company in writing, specifying that this Section 2 5.2 shall apply to such transaction, then each Stockholder and the Company hereby agreeagrees:
Appears in 1 contract
Samples: Stockholders’ Agreement (Homeland Security Capital CORP)
Actions to be Taken. In the event that (i) the holders of at least eighty-five percent (85%) 75% of the outstanding shares of Common Stock issued or issuable upon conversion of the shares of Common Preferred Stock then issued (the “Selling StockholdersInvestors”) and (ii) the Board of Directors approve a Sale of the Company in writing, specifying that this Section 2 4 shall apply to such transaction, then each Stockholder and the Company hereby agreeagrees:
Appears in 1 contract
Samples: Stockholders Agreement (Poniard Pharmaceuticals, Inc.)
Actions to be Taken. In the event that (i) the holders of at least eighty-five percent (85%) a majority of the shares of Common Stock then issued Shares (the “Selling Stockholders”) and ); (ii) all the members of the Board of Directors except the Mutual Director; (collectively, (i)-(ii) are the “Electing Holders”) approve a Sale of the Company (which approval of the Electing Holders must be in writing), specifying that this Section 2 shall apply to such transaction, then then, subject to satisfaction of each of the conditions set forth in Section 2.3 below, each Stockholder and the Company hereby agree:
Appears in 1 contract
Actions to be Taken. In the event that (i) the holders of at least eighty-five percent (85%) 75% of the shares of Class A Common Stock then issued (collectively, the “Selling StockholdersElecting Holders”) and (ii) the Board of Directors approve a Sale of the Company in writing, specifying that this Section 2 2.03 shall apply to such transaction, then each Stockholder and the Company hereby agree:
Appears in 1 contract
Actions to be Taken. In the event that (i) the holders of at least eightyseventy-five percent (8575%) of the shares of Common Stock then issued or issuable upon conversion of the shares of Preferred Stock (the “Selling StockholdersInvestors”) and (ii) the Board of Directors approve a Sale of the Company in writing, specifying that this Section 2 shall apply to such transaction, then each Stockholder Shareholder and the Company hereby agree:
Appears in 1 contract
Samples: Voting Agreement (Hylete)