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 "Common Stock" and "Preferred Stock." The total number of shares which this corporation is authorized to issue is Eighty-Four Million Six Hundred Forty-Two Thousand Four Hundred Thirty (84,642,430) shares, of which Fifty Three Million (53,000,000) shares of the par value of One-Tenth of One Cent ($.001) shall be Common Stock and Thirty-One Million Six Hundred Forty-Two Thousand Four Hundred Thirty (31,642,430) shares of the par value of One-Tenth of One Cent ($.001) shall be Preferred Stock. The Preferred Stock authorized by this Certificate of Incorporation shall be issued by series as set forth hereto. The first series of Preferred Stock shall be designated "Series A Preferred Stock" and shall consist of Three Million Eight Hundred 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 (9,375,300) shares. The fourth series of Preferred Stock shall be designated "Series D Preferred Stock" and shall consist of Ten Million Two Hundred Eighty-Five Thousand Seven Hundred Fourteen (10,285,714) shares. The fifth series of Preferred Stock shall be designated "Series E Preferred Stock" and shall consist of three million six hundred forty-eight thousand seventy-eight (3,648,078) shares.

Appears in 2 contracts

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

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Classes of Stock. This corporation is authorized to issue two classes of stock to be designated designated, respectively, "Common Stock" and "Preferred Stock." The total number of shares which this the corporation is authorized to issue is Eighty-Four Eleven Million Six Two Hundred Forty-Two Twenty- One Thousand Four Five Hundred Thirty Forty (84,642,43011,221,540) shares, of which Fifty Three . Ten Million (53,000,00010,000,000) shares of the par value of One-Tenth of One Cent ($.001) shall be Common Stock and ThirtyOne Million Two Hundred Twenty-One Million Six Thousand Five Hundred Forty-Two Thousand Four Hundred Thirty Forty (31,642,4301,221,540) shares of the par value of One-Tenth of One Cent ($.001) shall be Preferred Stock. The Preferred Stock authorized by this Certificate these Amended and Restated Articles of Incorporation shall be issued by series as set forth heretoherein. The first series of Preferred Stock shall be designated "Series A Preferred Stock" and shall consist of Three Million Eight Hundred FortySeventy-Six Four Thousand One Five Hundred FiftyThirty-Six Two (3,846,156374,532) shares. The second series of Preferred Stock shall be designated "Series B Preferred Stock" and shall consist of Three Hundred Seventy-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 Thousand Five Hundred Eighty-Seven Thousand One Hundred EightyThirty-Two (4,487,182374,532) shares. The third series of Preferred Stock shall be designated "Series C Preferred Stock" and shall consist of Nine Million Three Four Hundred Seventy-Five Two Thousand Three Four Hundred Seventy-Six (9,375,300472,476) shares. The fourth series of Except to the extent otherwise provided herein, the Series A Preferred Stock, Series B Preferred Stock and Series C Preferred Stock shall be designated treated as a single class referred to herein collectively as the "Series D Preferred Stock" and shall consist of Ten Million Two Hundred Eighty-Five Thousand Seven Hundred Fourteen (10,285,714) shares. The fifth series of Preferred Stock shall be designated ."Series E Preferred Stock" and shall consist of three million six hundred forty-eight thousand seventy-eight (3,648,078) shares.

Appears in 2 contracts

Samples: Series C Preferred Stock Purchase Agreement (Collateral Therapeutics Inc), Series C Preferred Stock Purchase Agreement (Collateral Therapeutics Inc)

Classes of Stock. This corporation Corporation is authorized to issue two classes of stock stock, to be designated "designated, respectively, “Common Stock" and "Preferred Stock." The total number of shares which this corporation the Corporation is authorized to issue is Eighty-Four One Hundred Forty Eight Million Six Hundred Forty-Two Seventy Three Thousand One Hundred Twenty Four Hundred Thirty (84,642,430148,673,124) shares, of which Fifty Three . One Hundred Million (53,000,000100,000,000) shares of the par value of One-Tenth of One Cent ($.001) shall be Common Stock Stock, par value $0.001 per share, and Thirty-One Forty Eight Million Six Hundred Forty-Two Seventy Three Thousand One Hundred Twenty Four Hundred Thirty (31,642,43048,673,124) shares of the par value of One-Tenth of One Cent ($.001) shall be Preferred Stock. The Preferred Stock authorized by this Certificate , par value $0.001 per share, of Incorporation shall be issued by series as set forth hereto. The first series of Preferred Stock 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 Stock" and shall consist of Preferred,” Three Million Eight Five Hundred Forty-Six Thirty Five Thousand One Three Hundred Fifty-Eighty Six (3,846,1563,535,386) shares. The second series of Preferred Stock , par value $0.001 per share, shall be designated "Series B Preferred Stock" and Preferred,” Thirteen Million Three Hundred Fifty Five Thousand Fifty Two (13,355,052) shares, par value $0.001 per share, 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 be designated “Series C Preferred,” Three Hundred Eighty-Fifty Seven Thousand One Hundred Eighty-Two Forty Four (4,487,182357,144) shares. The third series of Preferred Stock , par value $0.001 per share, shall be designated "Series C Preferred Stock" C-1 Preferred” and shall consist of Nine Twenty Two Million Three Two Hundred Seventy-Five Thirty Eight Thousand Three Hundred Forty Two (9,375,30022,238,042) shares. The fourth series of Preferred Stock , par value $0.001 per share, shall be designated "Series D Preferred Stock" and 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 consist resume the status which they had prior to the adoption of Ten Million Two Hundred Eighty-Five Thousand Seven Hundred Fourteen (10,285,714) shares. The fifth series the resolution originally fixing the number of Preferred Stock shall be designated "Series E Preferred Stock" and shall consist shares of three million six hundred forty-eight thousand seventy-eight (3,648,078) sharessuch series.

Appears in 2 contracts

Samples: Warrant Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.)

Classes of Stock. This corporation is authorized to issue two classes of stock to be designated designated, respectively, "Common Stock" and "Preferred Stock." The total number of shares which this the corporation is authorized to issue is Eighty-Four Million Six One Hundred Forty-Three Million One Hundred Seventy-Six Thousand Two Thousand Four Hundred Thirty Ninety-Six (84,642,430143,196,296) shares, of which Fifty Three . Eighty Million (53,000,00080,000,000) shares of the par value of One-Tenth of One Cent ($.001) shall be Common Stock and ThirtySixty Three Million One Hundred Seventy-One Million Six Thousand Two Hundred FortyNinety-Two Thousand Four Hundred Thirty Six (31,642,43063,196,296) shares of the par value of One-Tenth of One Cent ($.001) shall be Preferred Stock. The Preferred Stock authorized by this Certificate these Restated Articles of Incorporation shall be issued by series as set forth heretoherein. The first series of Preferred Stock shall be designated "Series A Preferred Stock" and shall consist of Three One Million Eight Hundred Forty-Six Thousand One Hundred Fifty-Six (3,846,1561,000,000) 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. Two Million Four Two Hundred EightyTwenty-Six Thousand Six Hundred Sixty-Seven Thousand One Hundred Eighty-Two (4,487,1822,226,667) shares. The third series of Preferred Stock shall be designated "Series C Preferred Stock" and shall consist of Nine Seventeen Million Three Five Hundred Nineteen Thousand Seven Hundred Seventy-Five Thousand Three Hundred Six (9,375,30017,519,776) shares. The fourth series of Preferred Stock shall be designated "Series D Preferred Stock" and shall consist of Ten Nine Million Eight Hundred Fifty-Nine Thousand Two Hundred Eighty-Five Thousand Seven Hundred Fourteen (10,285,7149,869,205) shares. The fifth series of Preferred Stock shall be designated "Series E J Preferred Stock" and shall consist of three million six hundred forty-eight thousand seventy-eight Four Hundred Sixty- Five Thousand (3,648,078465,000) shares.. The sixth series of Preferred Stock shall be designated "Series Z Preferred Stock" and shall consist of One Million Five Hundred Thousand

Appears in 1 contract

Samples: Series D Preferred Stock Purchase Agreement (Combichem Inc)

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Classes of Stock. This corporation is authorized to issue two classes of stock to be designated designated, respectively, "Common Stock" and "Preferred Stock." The total number of shares which this the corporation is authorized to issue is EightyOne Hundred Ten Million Four Hundred Eighteen Thousand Three Hundred Thirty-Four Million Six Hundred Forty-Two Thousand Four Hundred Thirty (84,642,430110,418,334) shares, of which Fifty Three . Sixty Million (53,000,00060,000,000) shares of the par value of One-Tenth of One Cent ($.001) shall be Common Stock and Fifty Million Four Hundred Eighteen Thousand Three Hundred Thirty-One Million Six Hundred Forty-Two Thousand Four Hundred Thirty (31,642,43050,418,334) shares of the par value of One-Tenth of One Cent ($.001) shall be Preferred Stock. The Preferred Stock authorized by this Certificate these Restated Articles of Incorporation shall be issued by series as set forth heretoherein. The first series of Preferred Stock shall be designated "Series A Preferred Stock" and shall consist of Three One Million Eight Hundred Forty-Six Thousand One Hundred Fifty-Six (3,846,1561,000,000) 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. Two Million Four Two Hundred EightyTwenty-Six Thousand Six Hundred Sixty-Seven Thousand One Hundred Eighty-Two (4,487,1822,226,667) shares. The third series of Preferred Stock shall be designated "Series C Preferred Stock" and shall consist of Nine Twenty-One Million Three Hundred Seventy-Five Thousand Three Hundred (9,375,30021,000,000) shares. The fourth series of Preferred Stock shall be designated "Series D J Preferred Stock" and shall consist of Ten Million Two Four Hundred EightySixty-Five Thousand Seven Hundred Fourteen (10,285,714465,000) shares. The fifth series of Preferred Stock shall be designated "Series E Z Preferred Stock" and shall consist of three million six hundred forty-eight thousand seventy-eight One Million Five Hundred Thousand (3,648,0781,500,000) shares.. The sixth series of Preferred Stock shall be designated "Series A-1 Preferred Stock" and shall consist of One Million (1,000,000) shares. The seventh series of Preferred Stock shall be designated "Series B-1 Preferred Stock" and shall consist of Two Million Two Hundred Twenty-Six Thousand Six Hundred Sixty-Seven (2,226,667) shares. The eighth series of

Appears in 1 contract

Samples: Stock Purchase Agreement (Combichem Inc)

Classes of Stock. This corporation Corporation is authorized to issue two classes of stock shares to be designated "respectively Preferred Stock (the “Preferred Stock”) and Common Stock (the “Common Stock" and "Preferred Stock." ”). The total number of shares which this corporation of capital stock that the Corporation is authorized to issue is Eighty-Four Million Six Hundred Forty-Two Thousand Four Hundred Thirty (84,642,430) shares, of which Fifty Eighty Three Million One Hundred and Fourteen Thousand Nine Hundred and Forty Three (53,000,00083,114,943). The total number of shares of Preferred Stock this Corporation shall have authority to issue is Thirty Six Million One Hundred and Fourteen Thousand Nine Hundred and Forty Three (36,114,943). The total number of shares of Common Stock this Corporation shall have authority to issue is Forty Seven Million (47,000,000). One Milllion One Hundred and Fourteen Thousand Nine Hundred and Forty Three (1,114,943) shares of the par value of One-Tenth of One Cent Preferred Stock are hereby designated “Series AA Preferred Stock,” Twenty Million ($.001) shall be Common Stock and Thirty-One Million Six Hundred Forty-Two Thousand Four Hundred Thirty (31,642,43020,000,000) shares of the par value of One-Tenth of One Cent ($.001) shall be Preferred Stock are hereby designated “Series BB Preferred Stock,” and Fifteen Million (15,000,000) shares of Preferred Stock are hereby designated “Series CC Preferred Stock.” No shares of Series A Preferred Stock, Series A-1 Preferred Stock and Series B Preferred Stock remain outstanding, and the designation and the rights, privileges and restrictions of those respective series of Preferred Stock have been eliminated from this Amended and Restated Certificate of Incorporation. Effective upon the filing of this amendment and restatement of the Amended and Restated Certificate of Incorporation and after giving effect to the reclassification of Series C Preferred Stock pursuant to the following paragraph, no shares of Series C Preferred Stock remain outstanding, and the designation and the rights, privileges and restrictions of the Series C Preferred Stock have been eliminated from this Amended and Restated Certificate of Incorporation. The Preferred Stock authorized by shall have a par value of $0.001 per share, and the Common Stock shall have a par value of $0.001 per share. Effective upon the filing of this amendment and restatement of the Amended and Restated Certificate of Incorporation Incorporation, (i) each twenty-two (22) shares of outstanding Common Stock shall be combined into one (1) share of Common Stock (including shares issuable pursuant to outstanding options or reserved for issuance pursuant to the Company’s Stock Plans) (the “Common Stock Combination”) and (ii) each twenty-two (22) shares of outstanding Series C Preferred Stock (including shares of Series C Preferred issuable upon the exercise of outstanding warrants) shall be combined into and reclassified as one (1) share of Series AA Preferred Stock. No fractional shares shall be issued by series as set forth hereto. The first series upon the reclassification and combination of Preferred Stock shall be designated "Series A Preferred Stock" and shall consist the shares of Three Million Eight Hundred 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 or the Common Stock Combination. If the reclassification and combination of the Series C Preferred Stock or the Common Stock Combination would result in the issuance of a fraction of a share of Series AA Preferred Stock or Common Stock" and shall consist , as the case may be, the Corporation shall, in lieu of Nine Million Three Hundred Seventy-Five Thousand Three Hundred (9,375,300) sharesissuing any fractional share, pay the holder otherwise entitled to such fraction a sum in cash equal to the fair market value of such fraction on the date of conversion. The fourth series number of Preferred authorized shares of Common Stock shall may be designated "Series D Preferred Stock" and shall consist increased or decreased (but not below the number of Ten Million Two Hundred Eighty-Five Thousand Seven Hundred Fourteen (10,285,714shares thereof then outstanding or reserved for issuance pursuant to a plan or plans approved by the Board) shares. The fifth series by the affirmative vote of Preferred Stock shall be designated "Series E Preferred Stock" and shall consist the holders of three million six hundred forty-eight thousand seventy-eight (3,648,078a majority of the stock of this Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) sharesof the Delaware General Corporation Law.

Appears in 1 contract

Samples: Stock Purchase Agreement (Kranem Corp)

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