Additional Preferred Stock. The current definition is deleted and replaced with:
Additional Preferred Stock. For so long as any Buyer beneficially owns any Securities, the Company will not issue any Preferred Stock other than to the Buyers as contemplated hereby.
Additional Preferred Stock. (a) The Series D Term Preferred Stock, the Series F Term Preferred Stock, the Series G Term Preferred Stock, the Series H Term Preferred Stock, the Series I Term Preferred Stock, the Series J Term Preferred Stock, the Series K Cumulative Preferred Stock, the Series L Term Preferred Stock and the Outstanding Listed Future Preferred Stock to be sold pursuant to this Agreement and the Prospectus and on the terms set forth in the applicable Pricing Supplement (i) will be treated as a single series with the Existing Series D Term Preferred Stock, the Existing Series F Term Preferred Stock, the Existing Series G Term Preferred Stock, the Existing Series H Term Preferred Stock, the Existing Series I Term Preferred Stock, the Existing Series J Term Preferred Stock, the Existing Series K Cumulative Preferred Stock, the Existing Series L Term Preferred Stock and the series of the Originally Issued Future Preferred Stock with the same designation, as applicable, (ii) will have the same terms and CUSIP number as the Existing Series D Term Preferred Stock, the Existing Series F Term Preferred Stock, the Existing Series G Term Preferred Stock, the Existing Series H Term Preferred Stock, the Existing Series I Term Preferred Stock, the Existing Series J Term Preferred Stock, the Existing Series K Cumulative Preferred Stock, the Existing Series L Term Preferred Stock and the series of the Originally Issued Future Preferred Stock with the same designation, as applicable, and (iii) will be fungible with the Existing Series D Term Preferred Stock, the Existing Series F Term Preferred Stock, the Existing Series G Term Preferred Stock, the Existing Series H Term Preferred Stock, the Existing Series I Term Preferred Stock, the Existing Series J Term Preferred Stock, the Existing Series K Cumulative Preferred Stock, the Existing Series L Term Preferred Stock and the series of the Originally Issued Future Preferred Stock with the same designation, as applicable, for federal income tax purposes.
(b) Following the initial offering and sale of shares of Series KB Cumulative Preferred Stock, Series KC Cumulative Preferred Stock and Series KD Cumulative Preferred Stock that are 47166115.8 sold pursuant to this Agreement and the Prospectus and on the terms set forth in the applicable Pricing Supplement (the “Originally Issued Series KB Shares,” the “Originally Issued Series KC Shares” and the “Originally Issued Series KD Shares,” as applicable), all subsequent shares of Series KB Cumula...
Additional Preferred Stock. (a) At any time within 180 days after the Closing Date (the "Initial Term") on 14 days written notice, Integra will have the right (the "Put Right") to require the Purchasers (or certain Affiliates thereof) to purchase up to an additional $2,000,000 of convertible preferred stock having substantially identical terms as the Series B Preferred Stock ("Additional Preferred Stock"), with each Purchaser purchasing that proportion of the Additional Preferred Stock equal to such Purchaser's proportionate initial investment in the Series B Preferred Stock, provided that the conversion price for such Additional Preferred Stock shall be equal to the lesser of (i) the Conversion Price, which initially shall be $3.82 per share of Common Stock, as adjusted and then in effect (the "Conversion Price") or (ii) the average closing price of Integra's Common Stock for the ten (10) trading days ending two days prior to the date of issuance of the Additional Preferred Stock.
(b) If the Initial Term expires without the exercise of the Put Right by Integra, such Put Right will continue for an additional 180 days (the "Second Term"), subject to the receipt by the Purchasers of a certificate from the Chief Executive Officer of Integra (the "CEO Certificate") certifying that the representations and warranties contained in Section III of this Agreement are true and correct in all material respects as of the exercise date of the Put Right as if made on and as of such date and as if all references to Purchased Shares include the Additional Preferred Stock, and that no material adverse change in the Condition of Integra (other than operating losses consistent with the historic results of Integra) has occurred since the Closing Date.
Additional Preferred Stock. This Section 3 sets forth the designation, preferences, limitations and relative rights of a series of Preferred Stock of the corporation as determined by the board of directors of the corporation pursuant to its authority under Oregon Revised Statutes 60.134 and Section 2 of Article IV of these Restated Articles of Incorporation.
Additional Preferred Stock. Until the earlier of (x) such date as no shares of Series A Preferred Stock remain outstanding and (y) January 1, 2027 (the first to occur of which shall be the “Expiration Date”), the Company and its Subsidiaries shall not (A) create, or authorize the creation of, any additional class or series of capital stock (or any security convertible into or exercisable for any class or series of capital stock) or issue or sell, or obligate itself to issue or sell, any capital stock (or any security convertible into or exercisable for any class or series of capital stock) that grants to the holder thereof the right to (i) receive any dividend or interest payment at any time prior to the Expiration Date when there are any accrued or accumulated unpaid dividends with respect to the Series A Preferred Stock or (ii) receive any payment upon any Liquidation prior to the Expiration Date at a time when the holders of any shares of Series A Preferred Stock have not received all amounts payable under Article V with respect to the Series A Preferred Stock, (B) pay or permit to be paid any dividend or interest payment on any capital stock (or any security convertible into or exercisable for capital stock) when there are any accrued or accumulated unpaid dividends with respect to the Series A Preferred Stock, (C) pay or permit to be paid any liquidation payment on any capital stock (or any security convertible into or exercisable for capital stock) at a time when the holders of any shares of Series A Preferred Stock have not received all amounts payable under Article V with respect to the Series A Preferred Stock or (D) issue any indebtedness convertible into or exercisable for capital stock. In addition, prior to the Expiration Date, the 7 CPAM: 9910021.10
4.01. The foregoing shall not prohibit the Company’s ability to create, authorize the creation of, issue, sell, or obligate itself to issue (i) any indebtedness (other than, prior to the Expiration Date, indebtedness convertible into or exercisable for capital stock) or (ii) any common stock (or any capital stock convertible into or exercisable for common stock (other than any capital stock that is prohibited by this Section 6.02)).
Additional Preferred Stock. If the Company issues after the date hereof any other class or series of Preferred Stock, such class or series may, upon the written consent of 60% of the outstanding Shares, become entitled to the rights and preferences and be bound by the obligations under this Agreement, and all references to Series A Preferred Stock shall be expressly modified to include within the meaning of the term Series A Preferred Stock, the class or series of Preferred Stock so issued in any financing. *********************
Additional Preferred Stock. The undersigned hereby agrees to purchase from the Company an aggregate 1,500 shares of the Additional Preferred Stock, having the terms and conditions and being in the form attached hereto as Annex I(B) (the "Additional Certificate of Designations"). The purchase price for the Additional Preferred Stock shall be an aggregate $1,500,000 and shall be payable in United States Dollars.
Additional Preferred Stock. So long as any Preferred Shares remain outstanding, the Company shall not create, authorize or issue (x) any Preferred Stock other than to the Buyers as contemplated hereby or (y) any other securities of the Company other than in compliance with Sections 9 and 11 of the Certificate of Designations.
Additional Preferred Stock. This Section 5 sets forth the designation, preferences, limitations and relative rights of a series of Preferred Stock of the corporation as determined by the board of directors of the corporation pursuant to its authority under Oregon Revised Statutes 60.134 and Section 2 of Article IV of these Articles of Incorporation.
