Common use of Certificate of Designation Clause in Contracts

Certificate of Designation. Prior to the Closing Date, the Company shall have filed with the Secretary of the State of Delaware the Certificate of Designation of Preferences, Rights and Limitations of the Preferred Stock, substantially in the form as attached hereto as Exhibit C.

Appears in 3 contracts

Samples: Underwriting Agreement (HOOKIPA Pharma Inc.), Underwriting Agreement (HOOKIPA Pharma Inc.), Underwriting Agreement (HOOKIPA Pharma Inc.)

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Certificate of Designation. Prior The Company shall have filed the Certificate of Designation for the Series A Preferred Stock with the Secretary of State of Delaware on or prior to the Closing Date, the Company which shall have filed with the Secretary continue to be in full force and effect as of the State of Delaware the Certificate of Designation of Preferences, Rights and Limitations of the Preferred Stock, substantially in the form as attached hereto as Exhibit C.Closing Date.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (BTP Acquisition Company, LLC), Agreement and Plan of Merger (Image Entertainment Inc)

Certificate of Designation. Prior to the Closing DateClosing, the Company Corporation shall have filed file with the Secretary of State of the State of Delaware Delaware, the Certificate of Designation of Preferences, Rights and Limitations to reflect the terms of the Preferred Stock, substantially in the form as attached hereto as Exhibit C.Stock and

Appears in 1 contract

Samples: Stock Purchase Agreement (Amre Inc)

Certificate of Designation. Prior to the Closing Date, the The Company shall have filed the Certificate of Designation for the Series C Preferred Stock with the Secretary of the State of Delaware at or prior to the Certificate of Designation of PreferencesInitial Closing, Rights which shall continue to be in full force and Limitations effect as of the Preferred StockInitial Closing, substantially in and delivered evidence to the form as attached hereto as Exhibit C.reasonable satisfaction of the Lead Investor to the foregoing.

Appears in 1 contract

Samples: Series C Preferred Stock Purchase Agreement (Propell Technologies Group, Inc.)

Certificate of Designation. Prior to the Closing Date, the Company shall have filed with the Secretary of State of the State of Delaware the Certificate of Designation of Preferences, Rights and Limitations of the Preferred Stock, substantially in the form as attached hereto as Exhibit C.

Appears in 1 contract

Samples: Underwriting Agreement (Spero Therapeutics, Inc.)

Certificate of Designation. Prior to the Closing DateClosing, (i) the Company shall have filed adopt and file with the Secretary of State of the State of Delaware the Certificate of Designation of Preferences, Rights and Limitations of the Series A Preferred Stock, Stock substantially in the form as attached hereto as Exhibit C.C, (the “Series A Certificate”), and (ii) the Investor shall have received confirmation from the Secretary of State of the State of Delaware reasonably satisfactory to it that such filing has occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (AV Homes, Inc.)

Certificate of Designation. Prior to the Closing Date, the The Company shall have filed with the Secretary of the State of Delaware the Certificate of Designation of Preferences, Rights and Limitations of for the Preferred Stock, substantially Stock in the form as attached hereto as Exhibit C.C (the “Certificate of Designation”) with the State of Delaware;

Appears in 1 contract

Samples: Note Purchase Agreement (Energy Focus, Inc/De)

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Certificate of Designation. Prior to the Closing Date, the Company shall have filed with the Secretary of State of the State of Delaware the Certificate of Designation of Preferences, Rights and Limitations of the Preferred Stock, substantially in the form as attached hereto as Exhibit C.D.

Appears in 1 contract

Samples: Underwriting Agreement (Spero Therapeutics, Inc.)

Certificate of Designation. Prior The Company shall, prior to the Closing DateClosing, the Company shall have cause to be filed with the Secretary of the State of Delaware Delaware, a certificate of designation in the Certificate of Designation of Preferencesform attached hereto as EXHIBIT C, Rights establishing the terms and Limitations conditions of the Preferred Stock, substantially in Stock (the form as attached hereto as Exhibit C."CERTIFICATE OF DESIGNATION").

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Qwest Communications International Inc)

Certificate of Designation. Prior The Company shall, prior to the Closing DateClosing, the Company shall have cause to be filed with the Secretary of the State of Delaware the Certificate Delaware, a certificate of Designation of Preferences, Rights and Limitations of the Preferred Stock, substantially designation in the form as attached hereto as Exhibit C.C, --------- establishing the terms and conditions of the Preferred Stock (the "CERTIFICATE OF DESIGNATION").

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Advanced Radio Telecom Corp)

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