Examples of Series 5 Preferred Stock in a sentence
As long as any shares of Series 5 Preferred Stock remain outstanding, the holders of outstanding Series 5 Preferred Stock shall be entitled to elect one (1) director of this corporation at any election of directors (the “Series 5 Director”).
Notwithstanding anything herein to the contrary, the shares of Class A Series 5 Preferred Stock may only be converted hereunder after August 31, 1999.
Each committee of the this corporation’s Board of Directors shall include the directors elected by the holders of Series 4 Preferred Stock, Series 5 Preferred Stock, Series 6 Preferred Stock and Series 7 Preferred Stock.
For purposes of this Restated Certificate of Incorporation, “Participation Cap” shall mean $1.8302 for the Series 6 Preferred Stock, shall mean $1.0106 for the Series 5 Preferred Stock and shall mean $0.70 for the Series 4 Preferred Stock (each as adjusted for any stock splits, stock dividends, combinations, subdivisions, recapitalizations or the like with respect to such series of Preferred Stock), which includes amounts paid pursuant to subsection (a) of this Section 2.
The Common Stock and warrants were issued as a penalty for the late registration of shares of Common Stock issuable in connection with the sale of the Series 5 Preferred Stock.
Furthermore, the Corporation shall not amend its Certificate of Incorporation if such amendment would in any manner alter, change or modify, the designations, powers, preferences, rights, privileges, qualifications, limitations or restrictions of the Class A Series 5 Preferred Stock without the approval of the holders of at least 50.1% of the then outstanding shares of the Class A Series 5 Preferred Stock.
The initial Conversion Price per share for the Series 6 Preferred Stock shall be $0.8730, and the Initial Conversion Price per share for the Series 1 Preferred Stock, Series 2 Preferred Stock, Series 3 Preferred Stock, Series 4 Preferred Stock, Series 5 Preferred Stock and Series 7 Preferred Stock shall be the Original Issue Price applicable to such series; provided, however, that the Conversion Price for the Preferred Stock shall be subject to adjustment as set forth in subsection 4(d).
The Company is preparing to issue as of the date of this Agreement shares of its Class A Series 5 Preferred Stock (the "SERIES 5 STOCK" and, collectively with the Series 1 Stock, the Series 2 Stock, the Series 3 Stock and the Series 4 Stock, the "PREFERRED STOCK") and to extend to the purchasers of such Series 5 Stock (the "ADDITIONAL STOCKHOLDERS") certain of the rights provided to the Existing Stockholders under the Prior Agreement.
No adjustment in the number of shares of Common Stock into which the Class A Series 5 Preferred Stock are convertible shall be made, by adjustment in the applicable Conversion Price thereof or otherwise, if prior to such adjustment the Corporation receives written notice from the holders of at least 50.1% of the outstanding shares of Class A Series 5 Preferred Stock agreeing that no such adjustment shall be made.
So long as shares of Class A Series 5 Preferred Stock are issued and outstanding, one director of the Corporation (the "Series 5 Director") shall be elected by the holders of Class A Series 5 Preferred Stock, voting as a separate class.