Common use of Designation and Number of Shares Clause in Contracts

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D Convertible Preferred Stock” (the “Preferred Shares”). The authorized number of Preferred Shares shall be thirty thousand six hundred eighty (30,680) shares. Each Preferred Share shall have a par value of $0.01. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 below.

Appears in 2 contracts

Samples: Loan and Security Agreement (Fuelcell Energy Inc), Underwriting Agreement (Fuelcell Energy Inc)

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Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D A Convertible Preferred Stock” (the “Series A Convertible Preferred SharesStock”). The authorized number of shares of Series A Convertible Preferred Shares Stock (the “Preferred Shares”) shall be thirty thousand six hundred eighty [ ] (30,680[ ]) shares. Each Preferred Share shall have a par value of $0.010.0001 per share. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 32 below.

Appears in 2 contracts

Samples: Second Amendment and Exchange Agreement (Nauticus Robotics, Inc.), Securities Purchase Agreement (Phoenix Biotech Acquisition Corp.)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “0% Series D Convertible Preferred Stock” (the “Preferred Shares”). The authorized number of Preferred Shares shall be thirty thousand six hundred eighty (30,680) 170,000 shares. Each Preferred Share shall have a $0.001 par value of $0.01(the “Par Value”). Capitalized terms not defined herein shall have the meaning as set forth in Section 34 23 below.

Appears in 1 contract

Samples: Exchange Agreement (Majesco Entertainment Co)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D B Convertible Preferred Stock” (the “Preferred Shares”). The authorized number of Preferred Shares shall be thirty thousand six hundred eighty (30,680) 500,000 shares. Each Preferred Share shall have a par value of $0.010.001. Capitalized terms not defined herein shall have the meaning meanings as set forth in Section 34 23 below.

Appears in 1 contract

Samples: Securities Purchase Agreement (Canbiola, Inc.)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “0% Series D P Convertible Preferred Stock” (the “Preferred Shares”). The authorized number of Preferred Shares shall be thirty thousand six hundred eighty (30,680) [___] shares. Each Preferred Share shall have a $0.01 par value of $0.01(the “Par Value”). Capitalized terms not defined herein shall have the meaning as set forth in Section 34 22 below.

Appears in 1 contract

Samples: Equity Purchase Agreement (Mabvax Therapeutics Holdings, Inc.)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D Convertible Preferred Stock” (the “Series D Convertible Preferred SharesStock”). The authorized number of shares of Series D Convertible Preferred Shares Stock (the “Preferred Shares”) shall be thirty thousand six hundred eighty [ ] (30,680[ ]) shares. Each Preferred Share shall have a par value of $0.010.001 per share. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 32 below.

Appears in 1 contract

Samples: Securities Purchase Agreement (IMAC Holdings, Inc.)

Designation and Number of Shares. There shall be hereby be created and established a series of preferred stock of the Company Preferred Stock designated as "Series D C-1 Convertible Preferred Stock" (the "Series C-1 Preferred Shares”Stock"). The authorized number of shares of Series C-1 Preferred Shares Stock shall be thirty thousand six hundred eighty (30,680) shares. Each Preferred Share shall have a par value of $0.0110,000. Capitalized terms used herein and not otherwise defined herein shall have the meaning as meanings set forth in Section 34 9 below.

Appears in 1 contract

Samples: Investment Restructuring Agreement (MidMark Capital II, L.P.)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D A Amortizing Convertible Preferred Stock” (the “Series A Preferred SharesStock”). The authorized number of Series A Preferred Shares Stock shall be thirty thousand six hundred eighty three million (30,6803,000,000) shares. Each Preferred Share shall have a par value of $0.01. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 below. The shares of Series A Preferred Stock shall have a stated value of $25.00 per share (the “Stated Value”).

Appears in 1 contract

Samples: Subscription Agreement (Mitesco, Inc.)

Designation and Number of Shares. There shall be hereby be created and established a series of preferred stock of the Company Preferred Stock designated as "Series D Convertible A Preferred Stock" (the “Preferred Shares”"Series A Preferred"). The authorized number , to consist of Preferred Shares shall be thirty thousand six hundred eighty (30,680) 19,500 shares. Each Preferred Share shall have a , par value of $0.011,000.00 per share. Capitalized terms used herein and not otherwise defined herein shall have the meaning as meanings set forth in Section 34 below.Article 4.3

Appears in 1 contract

Samples: Equity Investment Agreement (Specialty Foods Acquisition Corp)

Designation and Number of Shares. There shall be hereby be created and established a series of preferred stock of the Company Preferred Stock designated as "Series D Convertible Preferred Stock" (the "Series D Preferred Shares”Stock"). The authorized number of shares of Series D Preferred Shares Stock shall be thirty thousand six hundred eighty (30,680) shares. Each Preferred Share shall have a par value of $0.0110,000. Capitalized terms used herein and not otherwise defined herein shall have the meaning as meanings set forth in Section 34 9 below.

Appears in 1 contract

Samples: Investment Restructuring Agreement (MidMark Capital II, L.P.)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “0% Series D B Convertible Preferred Stock” (the “Preferred Shares”). The authorized number of Preferred Shares shall be thirty thousand six hundred eighty (30,680) 54,250 shares. Each Preferred Share shall have a $0.001 par value of $0.01(the “Par Value”). Capitalized terms not defined herein shall have the meaning as set forth in Section 34 23 below.

Appears in 1 contract

Samples: Exchange Agreement (Majesco Entertainment Co)

Designation and Number of Shares. There shall is hereby be created out of the authorized and established a series unissued shares of preferred stock of the Company a series of preferred stock designated as the Series D Convertible Non-Voting Perpetual Participating Preferred Stock, Series A” (the “Series A Preferred SharesStock”). The authorized number of Preferred Shares shares constituting such series shall be thirty thousand six hundred eighty (30,680) shares[ ]. Each The Series A Preferred Share Stock shall have a par value of $0.01. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 below1.00 per share.

Appears in 1 contract

Samples: Funding Agreement (Hilltop Holdings Inc.)

Designation and Number of Shares. There shall hereby be created and established _________a series of preferred stock of the Company Corporation designated as “Series D A Convertible Preferred Stock” (the “Preferred Shares”). The authorized number of Preferred Shares shall be thirty thousand six hundred eighty (30,680) [ ________] shares. Each Preferred Share shall have a par value of $0.010.001. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 30 below.

Appears in 1 contract

Samples: Securities Purchase Agreement (GridIron BioNutrients, Inc.)

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Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D C Non-Convertible Preferred Stock” (the “Preferred Shares”). The authorized number of Preferred Shares shall be thirty thousand six hundred eighty (30,680) [ ] shares. Each Preferred Share shall have a par value of $0.01[ ]. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 29 below.

Appears in 1 contract

Samples: Exchange Agreement (Akerna Corp.)

Designation and Number of Shares. There shall be hereby be created and established a series of preferred stock of the Company Preferred Stock designated as "Series D A Convertible Preferred Stock" (the "Series A Preferred Shares”Stock"). The authorized number of shares of Series A Preferred Shares Stock shall be thirty thousand six hundred eighty (30,680) shares. Each Preferred Share shall have a par value of $0.011,356,852. Capitalized terms used herein and not otherwise defined herein shall have the meaning as meanings set forth in Section 34 9 below.

Appears in 1 contract

Samples: Transaction Agreement (Vertex Interactive Inc)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D A-1 Convertible Preferred Stock” (the “Series A-1 Convertible Preferred SharesStock”). The authorized number of shares of Series A-1 Convertible Preferred Shares Stock (the “Preferred Shares”) shall be thirty thousand six hundred eighty [ ] (30,680[ ]) shares. Each Preferred Share shall have a par value of $0.010.001 per share. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 31 below.

Appears in 1 contract

Samples: Merger Agreement (Aditxt, Inc.)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D A Convertible Preferred Stock” (the “Preferred Shares”). The authorized number of Preferred Shares shall be thirty fifteen thousand six hundred eighty (30,68015,000) shares. Each Preferred Share shall have a par value of $0.010.001. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 31 below.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Health Acquisition Corp.)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D E Convertible Preferred Stock” (the “Series E Convertible Preferred SharesStock”). The authorized number of shares of Series E Convertible Preferred Shares Stock (the “Preferred Shares”) shall be thirty thousand six hundred eighty [ ] (30,680[ ]) shares. Each Preferred Share shall have a par value of $0.010.001 per share. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 32 below.

Appears in 1 contract

Samples: Settlement Agreement (IMAC Holdings, Inc.)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as “Series D F Convertible Preferred Stock” (the “Series F Convertible Preferred SharesStock”). The authorized number of shares of Series F Convertible Preferred Shares Stock (the “Preferred Shares”) shall be thirty thousand six four hundred eighty and fifty (30,680450) shares. Each Preferred Share shall have a par value of $0.010.001 per share. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 32 below.

Appears in 1 contract

Samples: Securities Purchase Agreement (IMAC Holdings, Inc.)

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company Preferred Stock that shall be designated as the “Series D A Convertible Preferred Stock” (the “Series A Preferred SharesStock”) and the number of shares of Series A Preferred Stock constituting such series shall be 25,000 (which shall not be subject to increase without the written consent of all of the holders of outstanding Series A Preferred Stock (each, a “Holder” and collectively, the “Holders”)). The authorized number Each share of Series A Preferred Shares Stock shall be thirty thousand six hundred eighty (30,680) shares. Each identical in all respects to every other share of Series A Preferred Share shall have a par value of $0.01. Capitalized terms not defined herein shall have the meaning as set forth in Section 34 belowStock.

Appears in 1 contract

Samples: Stock Purchase Agreement (Signing Day Sports, Inc.)

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