Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 15 contracts
Samples: Registration Rights Agreement (Upland Software, Inc.), Securities Purchase Agreement (APi Group Corp), Securities Purchase Agreement (APi Group Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 11 contracts
Samples: Underwriting Agreement (GreenHunter Energy, Inc.), Underwriting Agreement (GreenHunter Energy, Inc.), Underwriting Agreement (GreenHunter Energy, Inc.)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware and shall have become effective.
Appears in 9 contracts
Samples: Chart Industries Inc, Underwriting Agreement (Jones Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.)
Certificate of Designation. The Certificate of Designation shall have been duly filed with and certified by the Secretary of State of the State of Delaware.
Appears in 5 contracts
Samples: Series a Preferred Stock Purchase Agreement (Finjan Holdings, Inc.), Securities Purchase Agreement (Cabletron Systems Inc), Securities Purchase Agreement (Aprisma Management Technologies Inc)
Certificate of Designation. The Certificate of Designation shall have has been duly authorized, executed and filed with and accepted by the Secretary of State of the State of Delaware.
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (Merriman Curhan Ford Group, Inc.), Preferred Stock Purchase Agreement (Unterberg Thomas I), Series D Preferred Stock Purchase Agreement (Merriman Curhan Ford Group, Inc.)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Delaware Secretary of State of the State of DelawareState.
Appears in 3 contracts
Samples: Equity Purchase Agreement (Paperweight Development Corp), Equity Purchase Agreement (Hicks Acquisition CO II, Inc.), Preferred Stock Purchase Agreement (Premier Research Worldwide LTD)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware and a certified copy shall have been delivered to the Purchaser.
Appears in 3 contracts
Samples: Registration Rights Agreement (Upland Software, Inc.), Securities Purchase Agreement (APi Group Corp), Securities Purchase Agreement (APi Group Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware Designation shall have been declared effective.
Appears in 3 contracts
Samples: Investment Agreement (Apollo Global Management LLC), Investment Agreement (RCS Capital Corp), Investment Agreement (RCS Capital Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of Delaware, and the Company shall have delivered a copy thereof to the Purchasers certified as filed by the office of the Secretary of State of Delaware.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Fonix Corp), Preferred Stock Purchase Agreement (Bank of America Corp /De/), Convertible Preferred Stock Purchase Agreement (Fonix Corp)
Certificate of Designation. The Certificate of Designation -------------------------- shall have been duly filed with the Delaware Secretary of State of the State of DelawareState.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Durect Corp), Asset Purchase Agreement (Durect Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed accepted for filing with the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Credit and Securities Purchase Agreement (Corixa Corp), Credit and Securities Purchase Agreement (Corixa Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware and evidence thereof shall have been delivered to Purchaser.
Appears in 2 contracts
Samples: Restructuring Agreement (Finova Capital Corp), Restructuring Agreement (Aquis Communications Group Inc)
Certificate of Designation. The Certificate of Designation shall have been duly filed with adopted and executed by the Company and accepted for record by the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Tc Group LLC), Convertible Preferred Stock Purchase Agreement (Sight Resource Corp)
Certificate of Designation. The Certificate of Designation and the Certificate Amendments shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cornerstone Iv LLC), Securities Purchase Agreement (Novatel Wireless Inc)
Certificate of Designation. The Company shall have filed the Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware and which such document shall be in full force and effect.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Welsh Carson Anderson Stowe Viii Lp), Securities Purchase Agreement (Savvis Communications Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Contribution and Exchange Agreement (I-on Digital Corp.), Convertible Preferred Stock Purchase Agreement (Power Efficiency Corp)
Certificate of Designation. The Certificate of Designation shall have been duly adopted and executed by the Company and filed with the Delaware Secretary of State of the State of DelawareState.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Cahill Edward L), Preferred Stock Purchase Agreement (Anicom Inc)
Certificate of Designation. The With respect to the First Closing, the Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Refocus Group Inc), Securities Purchase Agreement (Refocus Group Inc)
Certificate of Designation. The Certificate of Designation shall have been duly filed and be effective with the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Exchange Agreement (Healthier Choices Management Corp.), Exchange Agreement (Healthier Choices Management Corp.)
Certificate of Designation. The Certificate of Designation shall have been duly filed with in the office of the Delaware Secretary of State of the State of DelawareState.
Appears in 2 contracts
Samples: Series I Preferred Stock Purchase Agreement (Oxis International Inc), Series I Preferred Stock Purchase Agreement (Oxis International Inc)
Certificate of Designation. The As of the Execution Date, the Certificate of Designation shall have been duly filed accepted for filing with the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Credit and Securities Purchase Agreement (Corixa Corp), Credit and Securities Purchase Agreement (Corixa Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with and received by the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Securities Purchase Agreement (National Holdings Corp), Securities Purchase Agreement (National Holdings Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware on or before the Closing Date.
Appears in 2 contracts
Samples: Purchase Agreement (Sandridge Energy Inc), Underwriting Agreement (Whiting Petroleum Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with and accepted for filing by the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Vsource Inc), Convertible Preferred Stock Purchase Agreement (Vsource Inc)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware and become effective and the Company shall have delivered evidence of such filing and effectiveness to the Representatives in form and substance satisfactory to the Representatives.
Appears in 2 contracts
Samples: Danaher Corp /De/, Danaher Corp /De/
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware in accordance with the laws of that State.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Finova Group Inc), Securities Purchase Agreement (Leucadia National Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware, and the Purchasers shall have received confirmation satisfactory to it that such filing has occurred.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Marver James D), Series C Preferred (Euniverse Inc)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware and shall have become effective and shall be in full force and effect.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Prospect Medical Holdings Inc), Agreement and Plan of Reorganization (Lee Samuel Sang-Bum)
Certificate of Designation. The Company shall have filed the Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware., substantially in the form attached hereto as Exhibit A.
Appears in 2 contracts
Samples: Redemption Agreement (Merisel Inc /De/), Redemption Agreement (Stonington Partners Inc Ii)
Certificate of Designation. The Certificate of Designation shall have been duly authorized, executed and filed with and accepted by the Secretary of State of the State of Delaware.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Occam Networks Inc/De), Preferred Stock Purchase Agreement (Occam Networks Inc/De)
Certificate of Designation. The Certificate of Designation shall have been duly filed by the Company with the Delaware Secretary of State of the State of DelawareState.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed with in the office of the Secretary of State of the State of Delaware.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation Designations shall have been duly adopted by the Company and shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Convertible Preferred Stock and Warrant Purchase Agreement (Adex Media, Inc.)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware and shall be effective.
Appears in 1 contract
Samples: Share Exchange Agreement (Trident Microsystems Inc)
Certificate of Designation. The Certificate of Designation shall -------------------------- have been duly filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Certificate of Designation. The amended Certificate of -------------------------- Designation shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Securities Purchase Agreement (Physician Health Corp)
Certificate of Designation. The Certificate of Designation shall will have been duly filed with and received by the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Securities Purchase Agreement (National Holdings Corp)
Certificate of Designation. The Certificate of Designation Designations shall have been duly filed with accepted for filing by the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Convertible Preferred Stock and Warrant Purchase Agreement (Adex Media, Inc.)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of Delaware, and the Company shall have delivered a copy thereof to such Purchaser certified as filed by the office of the Secretary of State of Delaware.;
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Illinois Superconductor Corporation)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware and the Investors shall have received a certificate, dated the Closing Date, of the Assistant Secretary of the Company attaching a true and complete copy of the Certificate of Designation as filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Securities Purchase Agreement (Massic Tool Mold & Die Inc)
Certificate of Designation. The Certificate of Designation shall have -------------------------- been duly filed with and accepted by the Delaware Secretary of State of the State of DelawareState.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Duoos Timothy R)
Certificate of Designation. The Certificate of Designation shall have been duly filed with by the Secretary of the State of the State of Delaware, and shall have become effective.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall -------------------------- have been duly adopted and executed by the Company and filed with the Delaware Secretary of State of the State of DelawareState.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Subscription Agreement (Exploration Co of Delaware Inc)
Certificate of Designation. The Certificate of Designation shall have has been duly filed with and accepted by the Secretary of State of the State of Delaware.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed with and certified by the Secretary of State of the State of Delaware.. 6.6
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Finjan Holdings, Inc.)
Certificate of Designation. The Company must have filed the Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Endwave Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of Delaware, and the Company shall have delivered a copy thereof to the Investor certified as filed by the office of the Secretary of State of Delaware.
Appears in 1 contract
Samples: Exchange Agreement (NCT Group Inc)
Certificate of Designation. The Certificate of Designation shall have been duly filed with accepted for filing by the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Registration Rights Agreement (Icn Pharmaceuticals Inc)
Certificate of Designation. The Certificate of Designation Designations shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware and become effective.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed with with, and accepted by, the Secretary of State of the State of Delaware.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation -------------------------- shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Evolve Software Inc)
Certificate of Designation. The Company shall have duly adopted the Certificate of Designation, and the Certificate of Designation shall have been duly filed with with, and accepted by, the Secretary of State of the State of Delaware in accordance with the laws of the State of Delaware.
Appears in 1 contract
Samples: Investment Agreement (Express-1 Expedited Solutions Inc)
Certificate of Designation. The Certificate of Designation shall have been duly lawfully filed by the Buyer with the Secretary of State of State of the State of Delaware.;”
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed with with, and have been accepted by, the Secretary of State of the State of Delaware.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall -------------------------- have been duly filed with the Secretary of State of Delaware, and the Company shall have delivered a copy thereof to the Purchasers certified as filed by the office of the Secretary of State of Delaware.; and
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed accepted for filing with the Secretary of State of the State of DelawareDelaware and a copy thereof certified by the Secretary of State of Delaware shall have been delivered to Purchaser.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Broadway Financial Corp \De\)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of DelawareDelaware on or prior to the Closing Date.
Appears in 1 contract
Samples: Series a Unit Purchase Agreement (Vsus Technologies Inc)
Certificate of Designation. The Certificate of Designation shall have been duly properly filed with the Secretary of State of the State of DelawareDelaware and the same shall be in full force and effect.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly authorized, executed and filed with the Secretary of State of the State of Delaware.. 6.5
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed with and accepted by the Secretary of State of the State of DelawareDelaware and evidence of such filing shall have been received.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of Delaware, and the Company shall have delivered a copy thereof to the Escrow Agreement certified as filed by the office of the Secretary of State of Delaware.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly authorized, executed and filed with the Secretary of State of the State of Delaware.. 5.5
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall -------------------------- have been duly filed with the Secretary of State of Delaware, and the Company shall have delivered a copy thereof to the Purchasers certified as filed by the office of the Secretary of State of Delaware.
Appears in 1 contract
Certificate of Designation. The the Company shall have filed the Certificate of Designation shall have been duly filed with the Secretary of State of for the State of Delaware.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Gilead Sciences Inc)
Certificate of Designation. The Certificate of Designation shall have has been duly filed with the Secretary of State of the State of DelawareDelaware as of the Closing.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Adeptus Health Inc.)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the office of the Secretary of State of the State of Delaware, any other Government Authority or NYSE and shall be in full force and effect.
Appears in 1 contract
Samples: Stock Purchase Agreement (Berkshire Realty Co Inc /De)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware and the Investors shall have received a certificate, dated the Closing Date, of the Secretary of the Company attaching a true and complete copy of the Certificate of Incorporation as filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Securities Purchase Agreement (Castle Dental Centers Inc)
Certificate of Designation. The Certificate of Designation shall have been duly filed with and accepted by the Delaware Secretary of State of the State of DelawareState.
Appears in 1 contract
Samples: Exchange and Waiver Agreement (Urigen Pharmaceuticals, Inc.)
Certificate of Designation. The Certificate of Designation shall have -------------------------- been duly filed with and certified by the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Convertible Preferred Stock Issuance and Restructuring Agreement (Planvista Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Fonix Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Delaware Secretary of State of and a certified copy thereof shall have been delivered to the State of DelawarePurchaser.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.. ARTICLE VII
Appears in 1 contract
Samples: Investment Agreement (Redwire Corp)
Certificate of Designation. The If applicable in accordance with Section 1.1, the Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed with and accepted by the Secretary of State of the State of DelawareDelaware and evidence of such filing.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall -------------------------- have been duly filed with and accepted by the Delaware Secretary of State of the State of DelawareState.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Sunbelt Nursery Group Inc)
