Available Registration Statement. The Company will not effect a Mandatory Conversion (as defined in the Certificate of Designations) of the Series A Preferred Stock if any Holder holds or would hold upon such Mandatory Conversion (or any earlier conversion following the dates of the Mandatory Conversion Notice (as defined in the Certificate of Designations)) shares of Common Stock that are Registrable Securities unless as of the date of Mandatory Conversion Notice and as of the Mandatory Conversion Date (as defined in the Certificate of Designations) there is an Available Registration Statement (as defined in the Investment Agreement) covering resale of such shares of Common Stock by such Holder.
Appears in 4 contracts
Samples: Registration Rights Agreement (KAR Auction Services, Inc.), Registration Rights Agreement (KAR Auction Services, Inc.), Investment Agreement (KAR Auction Services, Inc.)