Examples of Series H Certificate of Designation in a sentence
The Purchased Shares, when issued, sold, and delivered in accordance with the terms of this Agreement for the consideration expressed herein, will be duly authorized, validly issued and fully paid, and will be free of restrictions on use, voting or transfer or Liens other than restrictions on transfer or Liens under the applicable state and federal securities Laws and pursuant to the Series H Certificate of Designation or Series I Certificate of Designation, as applicable.
The Purchased Shares will have the voting powers, designation, preferences, rights and privileges, and the qualifications, limitations and restrictions thereof, set forth in the Series H Certificate of Designation or Series I Certificate of Designation, as applicable.
Contemporaneously with the execution of this Agreement, Purchaser shall deliver a written consent to the Company pursuant to which Purchaser consents and agrees to the Series H Certificate of Designation Amendments.
Each of the parties hereto acknowledges that the Series H Preferred Stock and Series I Preferred Stock (as applicable) shall each have the powers, preferences and rights, and be subject to the qualifications, limitations or restrictions, in each case, set forth in the Series H Certificate of Designation or Series I Certificate of Designation, respectively, including those set forth in the last sentence of Section 5(c) thereof.
Except as set forth in Section 2(s) of the Disclosure Schedule, as of the date hereof, the Company’s Certificate of Incorporation, Bylaws, Series H Certificate of Designation and Series I Certificate of Designation currently on file with the SEC are true, accurate and complete in all respects, and, except as contemplated by this Agreement and the transactions contemplated hereby, no modifications thereto are currently contemplated by the Company or its Board of Directors.
Each of the parties hereto acknowledges that the Series H Preferred Stock shall have the powers, preferences and rights, and be subject to the qualifications, limitations or restrictions set forth in the Series H Certificate of Designation, including those set forth in the last sentence of Section 5(c) thereof.
Notwithstanding the consummation of the transactions contemplated hereby, Purchaser hereby acknowledges that the Company is obligated to, and the Company agrees that it shall (to the extent that it has not already), comply with the terms of Section 14 of the Series H Certificate of Designation and Section 14 of the Series I Certificate of Designation, as each such section applies to the Offering.
The Purchased Shares have been duly authorized and, when issued, sold, and delivered in accordance with the terms of this Agreement for the consideration expressed herein, will be validly issued and fully paid, and will be free of restrictions on use, voting or transfer or Liens other than restrictions on transfer or Liens under the applicable state and federal securities Laws and pursuant to the Series H Certificate of Designation.
The Purchased Shares will have the voting powers, designation, preferences, rights and privileges, and the qualifications, limitations and restrictions thereof, set forth in the Series H Certificate of Designation.