Common use of Classes of Stock Clause in Contracts

Classes of Stock. This Corporation is authorized to issue two classes of stock, to be designated, respectively, “Common Stock” and “Preferred Stock.” The total number of shares which the Corporation is authorized to issue is One Hundred Forty Eight Million Six Hundred Seventy Three Thousand One Hundred Twenty Four (148,673,124) shares. One Hundred Million (100,000,000) shares shall be Common Stock, par value $0.001 per share, and Forty Eight Million Six Hundred Seventy Three Thousand One Hundred Twenty Four (48,673,124) shares shall be Preferred Stock, par value $0.001 per share, of which Nine Million One Hundred Eighty Seven Thousand Five Hundred (9,187,500) shares, par value $0.001 per share, shall be designated “Series A Preferred,” Three Million Five Hundred Thirty Five Thousand Three Hundred Eighty Six (3,535,386) shares, par value $0.001 per share, shall be designated “Series B Preferred,” Thirteen Million Three Hundred Fifty Five Thousand Fifty Two (13,355,052) shares, par value $0.001 per share, shall be designated “Series C Preferred,” Three Hundred Fifty Seven Thousand One Hundred Forty Four (357,144) shares, par value $0.001 per share, shall be designated “Series C-1 Preferred” and Twenty Two Million Two Hundred Thirty Eight Thousand Forty Two (22,238,042) shares, par value $0.001 per share, shall be designated “Series D Preferred.” The Board of Directors is further authorized to decrease (but not below the number of shares of any such series then outstanding) the number of shares of any series. If the number of shares of any series is so decreased, then the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series.

Appears in 2 contracts

Samples: Investor Rights Agreement (Comscore, Inc.), Comscore, Inc.

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Classes of Stock. This Corporation corporation is authorized to issue two classes of stock, stock to be designated, respectively, “designated "Common Stock" and "Preferred Stock." The total number of shares which the Corporation this corporation is authorized to issue is One Hundred Forty Eight Eighty-Four Million Six Hundred Seventy Three Forty-Two Thousand One Four Hundred Twenty Four Thirty (148,673,12484,642,430) shares. One Hundred , of which Fifty Three Million (100,000,00053,000,000) shares of the par value of One-Tenth of One Cent ($.001) shall be Common Stock, par value $0.001 per share, Stock and Forty Eight Thirty-One Million Six Hundred Seventy Three Forty-Two Thousand One Four Hundred Twenty Four Thirty (48,673,12431,642,430) shares of the par value of One-Tenth of One Cent ($.001) shall be Preferred Stock, par value $0.001 per share, . The Preferred Stock authorized by this Certificate of which Nine Million One Hundred Eighty Seven Thousand Five Hundred (9,187,500) shares, par value $0.001 per share, Incorporation shall be issued by series as set forth hereto. The first series of Preferred Stock shall be designated "Series A Preferred,” Preferred Stock" and shall consist of Three Million Five Eight Hundred Thirty Forty-Six Thousand One Hundred Fifty-Six (3,846,156) shares. The second series of Preferred Stock shall be designated "Series B Preferred Stock" and shall consist of Four [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Million Four Hundred Eighty-Seven Thousand One Hundred Eighty-Two (4,487,182) shares. The third series of Preferred Stock shall be designated "Series C Preferred Stock" and shall consist of Nine Million Three Hundred Seventy-Five Thousand Three Hundred Eighty Six (3,535,3869,375,300) shares, par value $0.001 per share, . The fourth series of Preferred Stock shall be designated "Series B Preferred,” Thirteen D Preferred Stock" and shall consist of Ten Million Three Two Hundred Fifty Eighty-Five Thousand Fifty Two Seven Hundred Fourteen (13,355,05210,285,714) shares, par value $0.001 per share, . The fifth series of Preferred Stock shall be designated "Series C Preferred,” Three Hundred Fifty Seven Thousand One Hundred Forty Four E Preferred Stock" and shall consist of three million six hundred forty-eight thousand seventy-eight (357,1443,648,078) shares, par value $0.001 per share, shall be designated “Series C-1 Preferred” and Twenty Two Million Two Hundred Thirty Eight Thousand Forty Two (22,238,042) shares, par value $0.001 per share, shall be designated “Series D Preferred.” The Board of Directors is further authorized to decrease (but not below the number of shares of any such series then outstanding) the number of shares of any series. If the number of shares of any series is so decreased, then the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Aerogen Inc)

Classes of Stock. This Corporation is authorized to issue two classes of stock, to be designated, respectively, "Common Stock" and "Preferred Stock." The total number of shares which the Corporation corporation is authorized to issue is One Hundred Forty Eight Fifty-One Million Six Nine Hundred Seventy Three Ten Thousand One Two Hundred Twenty Four Eighty-Two (148,673,124151,910,282) shares. One Hundred Million (100,000,000) shares shall be Common Stock, par value $0.001 0.0001 per share, and Forty Eight Fifty-One Million Six Nine Hundred Seventy Three Ten Thousand One Two Hundred Twenty Four Eighty-Two (48,673,12451,910,282) shares shall be Preferred Stock, par value $0.001 0.0001 per share, . Ten Million (10,000,000) shares of which Nine Preferred Stock shall be designated "Series F Preferred Stock," Five Million One Hundred Eighty Seven Forty-Two Thousand Five Eight Hundred Fifty-One (9,187,5005,142,851) shares, par value $0.001 per share, shares of Preferred Stock shall be designated "Series A Preferred,” Three Preferred Stock", Eight Million Five Six Hundred Thirty Five Twenty-Nine Thousand Three Nine Hundred Eighty Six Ninety-Two (3,535,3868,629,992) shares, par value $0.001 per share, shares of Preferred Stock shall be designated "Series B Preferred,” Thirteen Preferred Stock", Nine Million Three Nine Hundred Fifty Five Eighty-Seven Thousand Fifty Two Four Hundred and Thirty-Nine (13,355,0529,987,439) shares, par value $0.001 per share, shares shall be designated "Series C Preferred,” Three Preferred Stock" and Eighteen Million One Hundred Fifty Seven Thousand One Hundred Forty Four (357,14418,150,000) shares, par value $0.001 per share, shares shall be designated “Series C-1 Preferred” and Twenty Two Million Two Hundred Thirty Eight Thousand Forty Two (22,238,042) shares, par value $0.001 per share, shall be designated “"Series D PreferredPreferred Stock.” The Board of Directors is further authorized to decrease (but not below the number of shares of any such series then outstanding) the number of shares of any series. If the number of shares of any series is so decreased, then the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series."

Appears in 2 contracts

Samples: Series D Preferred Stock Purchase Agreement (Niku Corp), Voting Agreement (Niku Corp)

Classes of Stock. This Corporation is authorized to issue two classes of stock, to be designated, respectively, "Common Stock" and "Preferred Stock." The total number of shares which the Corporation corporation is authorized to issue is One Eighty-Four Million Two Hundred Forty Seventy-Two Thousand Eight Million Six Hundred Seventy Forty-Three Thousand One Hundred Twenty Four (148,673,12484,272,843) shares. One Hundred Fifty Million (100,000,00050,000,000) shares shall be Common Stock, par value $0.001 0.0001 per share, and Forty Thirty-Four Million Two Hundred Seventy-Two Thousand Eight Million Six Hundred Seventy Forty-Three Thousand One Hundred Twenty Four (48,673,12434,272,843) shares shall be Preferred Stock, par value $0.001 0.0001 per share, . Ten Million (10,000,000) shares of which Nine Preferred Stock shall be designated "Series F Preferred Stock," Five Million One Hundred Eighty Seven Forty-Two Thousand Five Eight Hundred Fifty-One (9,187,5005,142,851) shares, par value $0.001 per share, shares of Preferred Stock shall be designated "Series A Preferred,” Three Preferred Stock", Eight Million Six Hundred Twenty-Nine Thousand Nine Hundred Ninety-Two (8,629,992) shares of Preferred Stock shall be designated "Series B Preferred Stock" and Ten Million Five Hundred Thirty Five Thousand Three Hundred Eighty Six (3,535,38610,500,000) shares, par value $0.001 per share, shares shall be designated “Series B Preferred,” Thirteen Million Three Hundred Fifty Five Thousand Fifty Two (13,355,052) shares, par value $0.001 per share, shall be designated “"Series C Preferred,” Three Hundred Fifty Seven Thousand One Hundred Forty Four (357,144) shares, par value $0.001 per share, shall be designated “Series C-1 Preferred” and Twenty Two Million Two Hundred Thirty Eight Thousand Forty Two (22,238,042) shares, par value $0.001 per share, shall be designated “Series D PreferredPreferred Stock.” The Board of Directors is further authorized to decrease (but not below the number of shares of any such series then outstanding) the number of shares of any series. If the number of shares of any series is so decreased, then the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series."

Appears in 1 contract

Samples: Investor Rights Agreement (Niku Corp)

Classes of Stock. This Corporation corporation is authorized to issue two classes of stock, stock to be designated, respectively, "Common Stock" and "Preferred Stock." The total number of shares which the Corporation corporation is authorized to issue is One Hundred Forty Eight Forty-Three Million Six Hundred Seventy Three Thousand One Hundred Twenty Four Seventy-Six Thousand Two Hundred Ninety-Six (148,673,124143,196,296) shares. One Hundred Eighty Million (100,000,00080,000,000) shares shall be Common Stock, par value $0.001 per share, Stock and Forty Eight Sixty Three Million Six Hundred Seventy Three Thousand One Hundred Twenty Four Seventy-Six Thousand Two Hundred Ninety-Six (48,673,12463,196,296) shares shall be Preferred Stock, par value $0.001 per share, . The Preferred Stock authorized by these Restated Articles of which Nine Million One Hundred Eighty Seven Thousand Five Hundred (9,187,500) shares, par value $0.001 per share, Incorporation shall be issued by series as set forth herein. The first series of Preferred Stock shall be designated "Series A Preferred,” Three Preferred Stock" and shall consist of One Million Five Hundred Thirty Five Thousand Three Hundred Eighty Six (3,535,3861,000,000) shares, par value $0.001 per share, . The second series of Preferred Stock shall be designated "Series B Preferred,” Thirteen Million Three Hundred Fifty Five Thousand Fifty Two (13,355,052) shares, par value $0.001 per share, Preferred Stock" and shall be designated “Series C Preferred,” Three Hundred Fifty Seven Thousand One Hundred Forty Four (357,144) shares, par value $0.001 per share, shall be designated “Series C-1 Preferred” and Twenty consist of Two Million Two Hundred Thirty Eight Twenty-Six Thousand Forty Two Six Hundred Sixty-Seven (22,238,0422,226,667) shares, par value $0.001 per share, . The third series of Preferred Stock shall be designated "Series C Preferred Stock" and shall consist of Seventeen Million Five Hundred Nineteen Thousand Seven Hundred Seventy-Six (17,519,776) shares. The fourth series of Preferred Stock shall be designated "Series D Preferred.” Preferred Stock" and shall consist of Nine Million Eight Hundred Fifty-Nine Thousand Two Hundred Five (9,869,205) shares. The Board fifth series of Directors is further authorized to decrease Preferred Stock shall be designated "Series J Preferred Stock" and shall consist of Four Hundred Sixty- Five Thousand (but not below the number 465,000) shares. The sixth series of shares Preferred Stock shall be designated "Series Z Preferred Stock" and shall consist of any such series then outstanding) the number of shares of any series. If the number of shares of any series is so decreased, then the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series.One Million Five Hundred Thousand

Appears in 1 contract

Samples: Investors' Rights Agreement (Combichem Inc)

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Classes of Stock. This The Corporation is authorized to issue two classes of stock, stock to be designated, respectively, “Common Stock” and “Preferred Stock.” ”. The total number of shares of all classes of stock which the Corporation is authorized to issue is One Hundred Forty Fifty Eight Million Six Fifteen Thousand Five Hundred Seventy Three Thousand Ninety Two (158,015,592) shares, of which (i) One Hundred Twenty Ten Million Eight Hundred Twelve Thousand Four Hundred Thirty Five (148,673,124) shares. One Hundred Million (100,000,000110,812,435) shares shall be Common Stock, par value $0.001 per share, share (“Common Stock”) and (ii) Forty Eight Seven Million Six Two Hundred Seventy Three Thousand One Hundred Twenty Four Fifty Seven (48,673,12447,203,157) shares shall be Preferred Stock, par value $0.001 per share, of which Seven Million Sixty-five Thousand Nine Million One Hundred Eighty and Seven Thousand Five Hundred (9,187,5007,065,907) shares, par value $0.001 per share, shall be shares are designated as Series A Preferred Stock (the “Series A Preferred,” Three ”), Fourteen Million Five Hundred Thirty Five Sixty-five Thousand Three Seven Hundred Eighty Six Sixty (3,535,38614,565,760) shares, par value $0.001 per share, shall be shares are designated as Series B Preferred Stock (the “Series B Preferred,” Thirteen ”), Six Million Three Four Hundred Fifty Five Seventy-seven Thousand Fifty Two Four Hundred Forty-seven (13,355,0526,477,447) shares, par value $0.001 per share, shall be shares are designated as Series C Preferred Stock (the “Series C Preferred,” Three ”), Five Million Seven Hundred Fifty Seven Thirty-five Thousand One Hundred Forty Four and Twenty-six (357,1445,735,026) shares, par value $0.001 per share, shall be shares are designated as Series C-1 Preferred” and Twenty Two Million Two Hundred Thirty Eight Thousand Forty Two D Preferred Stock (22,238,042) shares, par value $0.001 per share, shall be designated the “Series D Preferred”), One Million Eighty Thousand One Hundred Ninety-seven (1,080,197) shares are designated as Series E Preferred Stock (the “Series E Preferred”), Five Million Three Hundred Forty-three Thousand Four Hundred Twenty-five (5,343,425) shares are designated as Series F Preferred Stock (the “Series F Preferred”), Five Million Six Hundred Sixty-six Thousand One Hundred Seventy-two (5,666,172) shares are designated as Series G Preferred Stock (the “Series G Preferred”), and One Million Two Sixty Nine Thousand Two Hundred Twenty Three (1,269,223) shares are designated as Series H Preferred Stock (the “Series H Preferred”). The Series A Preferred, Series B Preferred, Series C Preferred, Series D Preferred, Series F Preferred and Series G Preferred are referred to herein collectively as the “Senior Preferred Stock.” The Board of Directors is further authorized Series E Preferred, Series H Preferred and the Common Stock are referred to decrease (but not below herein collectively as the number of shares of any such series then outstanding) the number of shares of any series. If the number of shares of any series is so decreased, then the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series“Junior Stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Outbrain Inc.)

Classes of Stock. This Corporation is authorized to issue two classes of stock, to be designated, respectively, “Common Stock” and “Preferred Stock.” The total number of shares which the Corporation is authorized to issue is One Hundred Forty Ninety Eight Million Million, Six Hundred Seventy Three Thousand One Two Hundred and Twenty Four (148,673,124198,673,224) shares. One Hundred Twenty Five Million (100,000,000125,000,000) shares shall be Common Stock, par value $0.001 per share, and Forty Eight Million Seventy Three Million, Six Hundred Seventy Three Thousand One Two Hundred and Twenty Four (48,673,12473,673,224) shares shall be Preferred Stock, par value $0.001 per share, of which Nine Million One Hundred Eighty Seven Thousand Five Hundred (9,187,500) shares, par value $0.001 per share, shall be designated “Series A Preferred,” Three Million Five Hundred Thirty Five Thousand Three Four Hundred Eighty Six (3,535,3863,535,486) shares, par value $0.001 per share, shall be designated “Series B Preferred,” Thirteen Million Three Hundred Fifty Five Thousand Fifty Two (13,355,052) shares, par value $0.001 per share, shall be designated “Series C Preferred,” Three Hundred Fifty Seven Thousand One Hundred Forty Four (357,144) shares, par value $0.001 per share, shall be designated “Series C-1 Preferred,and Twenty Two Million Two Hundred Thirty Eight Thousand Forty Two (22,238,042) shares, par value $0.001 per share, shall be designated “Series D Preferred” and Twenty Five Million (25,000,000) shares, par value $0.001 per share, shall be designated “Series E Preferred.” The Board of Directors is further authorized to decrease (but not below the number of shares of any such series then outstanding) the number of shares of any series. If the number of shares of any series is so decreased, then the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series.

Appears in 1 contract

Samples: Comscore, Inc.

Classes of Stock. This Corporation corporation is authorized to issue two classes ---------------- of stock, stock to be designated, respectively, "Common Stock" and "Preferred Stock." The total number of shares which the Corporation corporation is authorized to issue is One Twenty-Nine Million Seven Hundred Forty Eight Million Nine Thousand Six Hundred Seventy Three Thousand One Hundred Twenty Four Fifty-Seven (148,673,12429,709,657) shares. One Nineteen Million Five Hundred Million (100,000,00019,500,000) shares shall be Common Stock, par value $0.001 per share, and Forty Eight Ten Million Two Hundred Nine ----- Thousand Six Hundred Seventy Three Thousand One Hundred Twenty Four Fifty-Seven (48,673,12410,209,657) shares shall be designated Preferred Stock, par value $0.001 per share, of which Nine Two Million One Hundred Eighty Seven Forty Two ----- Thousand Five Hundred (9,187,5002,042,000) shares, par value $0.001 per share, shall be shares have been designated "Series A PreferredPreferred Stock,” Three " Two Million Five Two Hundred Thirty Five Seventy Two Thousand Three Eight Hundred Eighty Six Fifty Four (3,535,3862,272,854) shares, par value $0.001 per share, shall be shares have been designated "Series B PreferredPreferred Stock,” Thirteen " Two Million Three Hundred Fifty Five Thousand Fifty Two (13,355,052) shares, par value $0.001 per share, shall be designated “Series C Preferred,” Three Nine Hundred Fifty Seven Thousand One Eight Hundred Forty Four Three (357,1442,957,843) shares, par value $0.001 per share, shall be shares have been designated "Series C-1 Preferred” C Preferred Stock" and Twenty Two Million Two Nine Hundred Thirty Eight Six Thousand Forty Two Nine Hundred Sixty (22,238,0422,936,960) shares, par value $0.001 per share, shall be shares have been designated "Series D PreferredPreferred Stock.” The Board of Directors is further authorized to decrease (but not below the number of shares of any such series then outstanding) the number of shares of any series. If the number of shares of any series is so decreased, then the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series." STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 03:00 PM 06/22/1998 981241108 - 2389257

Appears in 1 contract

Samples: Warrant Agreement (Releasenow Com Corp)

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