Protective Provisions. Subject to the rights of series of Preferred Stock that may from time to time come into existence and any contractual agreements or restrictions which may be then in effect in any agreement of stockholders or other organizational document to which the holders of Series A Preferred Stock and the Company may be a party, the approval by written consent of the Preferred Supermajority (in addition to any other applicable stockholder approval requirements required by law) shall be required for the Company to take the following actions:
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Blackhawk Biofuels, LLC), Asset Purchase Agreement (Central Iowa Energy, LLC), Agreement and Plan of Merger (Blackhawk Biofuels, LLC)
Protective Provisions. Subject to the rights of series or classes of Preferred Stock that which may from time to time come into existence and any contractual agreements in accordance with the following Protective Provisions, this Company shall not without first obtaining the approval (by vote or restrictions which may be then in effect in any agreement written consent, as provided by law) of stockholders or other organizational document to which the holders of at least 66 2/3% of the then outstanding shares of Series A Preferred Stock and the Company may be voting as a party, the approval by written consent of the Preferred Supermajority (in addition to any other applicable stockholder approval requirements required by law) shall be required for the Company to take the following actionsseparate class:
Appears in 3 contracts
Samples: Rights Agreement (Bayhill Therapeutics, Inc.), Investor Rights Agreement (Bayhill Therapeutics, Inc.), Bayhill Therapeutics, Inc.
Protective Provisions. a. Subject to the rights of series of Preferred Stock that which may from time to time come into existence and any contractual agreements existence, so long as shares of Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or restrictions which may be then in effect in any agreement written consent, as provided by law) of stockholders or other organizational document to which the holders of Series A Preferred Stock and the Company may be a party, the approval by written consent majority of the then outstanding shares of Series B Preferred Supermajority (in addition to any other applicable stockholder approval requirements required by law) shall be required for the Company to take the following actionsStock:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Genomic Solutions Inc), Preferred Stock Purchase Agreement (Genomic Solutions Inc)
Protective Provisions. a. Subject to the rights of series of Preferred Stock that which may from time to time come into existence and any contractual agreements or restrictions which may be then in effect in any agreement of stockholders or other organizational document to which the holders existence, so long as shares of Series A B Preferred Stock and the Company may be a partyare outstanding, this corporation shall not without first obtaining the approval (by vote or written consent of the Preferred Supermajority (in addition to any other applicable stockholder approval requirements required consent, as provided by law) shall be required for of holders of a majority of the Company to take the following actionsthen outstanding shares of Series B Preferred Stock:
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Genomic Solutions Inc), Series C Preferred Stock Purchase Agreement (Genomic Solutions Inc)
Protective Provisions. (a) Subject to the rights of series of Preferred Stock that which may from time to time come into existence and existence, so long as any contractual agreements or restrictions which may be then in effect in any agreement of stockholders or other organizational document to which the holders shares of Series A Preferred Stock and are outstanding, the Company may be a party, shall not without first obtaining the approval (by vote or written consent of the Preferred Supermajority (in addition to any other applicable stockholder approval requirements required consent, as provided by law) shall be required for of the Company to take holders of at least a majority of the following actionsthen outstanding shares of Series A Preferred Stock voting separately as a single class:
Appears in 1 contract
