Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file the Certificate of Designations with the Secretary of State of Delaware and use reasonable best efforts to cause such Certificate of Designations to be in full force and effect on the Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Carlyle Group L.P.), Stock Purchase Agreement (Avenue Capital Management II, L.P.), Stock Purchase Agreement (Solus Alternative Asset Management LP)
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file shall have filed the Certificate of Designations with the Secretary of State of Delaware and use reasonable best efforts on or prior to cause such Certificate of Designations the Closing, which shall continue to be in full force and effect on as of the Closing DateClosing.
Appears in 3 contracts
Samples: Series a Preferred Stock and Warrant Purchase Agreement (Farmstead Telephone Group Inc), Investors' Rights Agreement (Farmstead Telephone Group Inc), Series a Preferred Stock and Warrant Purchase Agreement (Farmstead Telephone Group Inc)
Certificate of Designations. The Company covenants and agrees that, on or prior Prior to the Closing DateClosing, it will the Company shall duly file the Certificate of Designations with the Secretary of State of the State of Delaware and use reasonable best efforts to cause such the Certificate of Designations to be in full force accordance with all applicable provisions of Law and effect on the Closing Dateorganizational documents of the Company.
Appears in 2 contracts
Samples: Stock Purchase Agreement (McMoran Exploration Co /De/), Stock Purchase Agreement (Freeport McMoran Copper & Gold Inc)
Certificate of Designations. The Company covenants and agrees that, on or prior to On the Closing Date, it will file the Certificate of Designations will have been duly authorized and executed by the Company and duly filed with the Secretary of State of Delaware and use reasonable best efforts to cause such Certificate the State of Designations to be in full force and effect on the Closing DateDelaware.
Appears in 2 contracts
Samples: Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc)
Certificate of Designations. The In connection with the Closing, the Company covenants and agrees that, on or prior to the Closing Date, it will shall file the Certificate of Designations with the Delaware Secretary of State of Delaware and use reasonable best efforts to cause such Certificate of Designations to be in full force and effect on the Closing DateState.
Appears in 2 contracts
Samples: Investment Agreement (New York Community Bancorp, Inc.), Investment Agreement (New York Community Bancorp, Inc.)
Certificate of Designations. The Company covenants and agrees that, on or prior Prior to the Closing DateClosing, it will file the Certificate of Designations Company shall ---------------------------- have duly adopted, executed and filed with the Secretary of State of Delaware and use reasonable best efforts to cause such the Certificate of Designations to Designations, which shall be in full force and effect on the Closing Datewithout further amendment or modification.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Maxygen Inc)
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file shall have filed the Certificate of Designations with the Secretary of the State of Delaware and use reasonable best efforts on or prior to cause such Certificate the date of Designations the Closing, which shall continue to be in full force and effect on the Closing Dateas of such date.
Appears in 1 contract
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will shall file the Certificate of Designations in the form attached to this Agreement as Exhibit A with the Delaware Secretary of State of Delaware State, and use reasonable best efforts to cause such Certificate of Designations to shall be in full force and effect on as of the Closing Date.
Appears in 1 contract
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file shall have filed the Certificate of Designations with the Secretary of State of the State of Delaware and use reasonable best efforts on or prior to cause such Certificate the date of Designations the Closing, which shall continue to be in full force and effect on as of the Closing Datedate of the Closing.
Appears in 1 contract
Samples: Stock Purchase Agreement (Arch Communications Group Inc /De/)
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file the Certificate of Designations with the Secretary of State of the State of Delaware and use reasonable best efforts prior to cause such Certificate of Designations to be in full force and effect on the Closing DateTime.
Appears in 1 contract
Certificate of Designations. The Company covenants and agrees that, on On or prior to the Closing Date, it will file the Company shall have filed the Certificate of Designations with in the Office of the Secretary of State of Delaware in form and use reasonable best efforts substance reasonably satisfactory to cause the Representatives and such Certificate filing shall have been accepted by the Office of Designations to be in full force and effect on the Closing DateSecretary of State of Delaware.
Appears in 1 contract
Samples: Southern Union Co
Certificate of Designations. The Company covenants and agrees that, on or prior to At the Closing DateTime, it will file the Certificate of Designations shall have been filed by the Company with the Secretary of State of the State of Delaware and use reasonable best efforts to cause such Certificate of Designations to be in full force and effect on the Closing Dateshall have become effective.
Appears in 1 contract
Samples: Underwriting Agreement (Apache Corp)
Certificate of Designations. The In connection with the Closing, the Company covenants and agrees that, on or prior to the Closing Date, it will shall file each of the Certificate of Designations with the Delaware Secretary of State of Delaware and use reasonable best efforts to cause such Certificate of Designations to be in full force and effect on the Closing DateState.
Appears in 1 contract
Samples: Investment Agreement (New York Community Bancorp, Inc.)
Certificate of Designations. The Company covenants and agrees that, on or prior to At the Closing DateTime, it will file the Company shall have filed the Certificate of Designations with the Secretary of State of Delaware and use reasonable best efforts to cause such Certificate the State of Designations to be in full force and effect on the Closing DateDelaware.
Appears in 1 contract
Certificate of Designations. The Company covenants and agrees that, on or prior Prior to the Closing DateClosing, it will the Company shall adopt and file the Certificate of Designations with the Secretary of State of the State of Delaware and use reasonable best efforts to cause such the Certificate of Designations to be in full force and effect on the Closing DateDesignations.
Appears in 1 contract
Certificate of Designations. The Company covenants and agrees that, on or prior to As of the Closing Date, it will file the Company shall have filed with the Delaware Secretary of State the Certificate of Designations with the Secretary of State of Delaware and use reasonable best efforts to cause such Certificate of Designations to be in full force and effect on the Closing DateDesignations.
Appears in 1 contract
Samples: Securities Purchase Agreement (Syntax-Brillian Corp)
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file shall have filed the Certificate of Designations with the Secretary of State of the State of Delaware and use reasonable best efforts on or prior to cause such Certificate of Designations to the Closing Date, which shall be in full force and effect on as of the Closing DateClosing.
Appears in 1 contract
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file shall have filed the Certificate of Designations with the Secretary of State of the State of Delaware and use reasonable best efforts prior to cause the Closing, which such Certificate of Designations shall continue to be in full force and effect on as of the Closing DateClosing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Calithera Biosciences, Inc.)
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file has filed the Certificate of Designations with the Secretary of State of Delaware and use reasonable best efforts on or prior to cause such Certificate of Designations the Closing Date, which shall continue to be in full force and effect on as of the Closing Date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Tekinsight Com Inc)
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file shall have filed the Certificate of Designations with the Secretary of State of Delaware and use reasonable best efforts on or prior to cause such the Initial Closing, which Certificate of Designations shall continue to be in full force and effect on as of the Closing DateInitial Closing.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Glowpoint, Inc.)
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file shall have filed the Certificate of Designations with the Secretary of State of the State of Delaware and use reasonable best efforts to cause such Certificate of Designations to on or about the First Closing Date, which shall be in full force and effect on or about the Closing DateFirst Closing.
Appears in 1 contract
Samples: Form of Securities Purchase Agreement (Summit Wireless Technologies, Inc.)
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file shall have filed the Certificate of Designations with the Secretary of State of the State of Delaware and use reasonable best efforts on or prior to cause such Certificate of Designations to the First Closing Date, which shall be in full force and effect on as of the Closing DateFirst Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Summit Wireless Technologies, Inc.)
Certificate of Designations. The Company covenants and agrees that, on or prior to the Closing Date, it will file shall have filed the Certificate of Designations with the Secretary of State of Delaware and use reasonable best efforts on or prior to cause such Certificate of Designations the Initial Closing, which shall continue to be in full force and effect on as of the Closing DateInitial Closing, and shall have delivered to Purchaser written evidence of the acceptance of such filing.
Appears in 1 contract
