Common use of Designation of Amount Clause in Contracts

Designation of Amount. (a) 2,928 shares of Preferred Stock shall be, and hereby are, designated the “Series F Convertible Non-Redeemable Preferred Stock” (the “Series F Preferred Stock”), par value $0.001 per share. (b) Subject to the requirements of the DGCL, the Certificate of Incorporation and this Certificate of Designations, the number of shares of Preferred Stock that are designated as Series F Preferred Stock may be increased or decreased by vote of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series F Preferred Stock to a number less than the number of such shares then outstanding. Any shares of Series F Preferred Stock converted, redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall, automatically and without further action, be retired and canceled promptly after the acquisition thereof, and shall become authorized but unissued shares of Preferred Stock and may not be reissued as shares of Series F Preferred Stock when the Corporation shall take such action as may be necessary to reduce the number of authorized shares of the Series F Preferred Stock and may be reissued as part of a new series of any class or series of Preferred Stock in accordance with the Certificate of Incorporation.

Appears in 1 contract

Samples: Securities Purchase Agreement (KALA BIO, Inc.)

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Designation of Amount. (a) 2,928 10,901 shares of Preferred Stock shall be, and hereby are, designated the “Series F G Convertible Non-Redeemable Preferred Stock” (the “Series F G Preferred Stock”), par value $0.001 per share. (b) Subject to the requirements of the DGCL, the Certificate of Incorporation and this Certificate of Designations, the number of shares of Preferred Stock that are designated as Series F G Preferred Stock may be increased or decreased by vote of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series F G Preferred Stock to a number less than the number of such shares then outstanding. Any shares of Series F G Preferred Stock converted, redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall, automatically and without further action, be retired and canceled promptly after the acquisition thereof, and shall become authorized but unissued shares of Preferred Stock and may not be reissued as shares of Series F G Preferred Stock when the Corporation shall take such action as may be necessary to reduce the number of authorized shares of the Series F G Preferred Stock and may be reissued as part of a new series of any class or series of Preferred Stock in accordance with the Certificate of Incorporation.

Appears in 1 contract

Samples: Securities Purchase Agreement (KALA BIO, Inc.)

Designation of Amount. (a) 2,928 54,000 shares of Preferred Stock shall be, and hereby are, designated the “Series F E Convertible Non-Redeemable Preferred Stock” (the “Series F E Preferred Stock”), par value $0.001 per share. (b) Subject to the requirements of the DGCL, the Certificate of Incorporation and this Certificate of Designations, the number of shares of Preferred Stock that are designated as Series F E Preferred Stock may be increased or decreased by vote of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series F E Preferred Stock to a number less than the number of such shares then outstanding. Any shares of Series F E Preferred Stock converted, redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall, automatically and without further action, be retired and canceled promptly after the acquisition thereof, and shall become authorized but unissued shares of Preferred Stock and may not be reissued as shares of Series F E Preferred Stock when the Corporation shall take such action as may be necessary to reduce the number of authorized shares of the Series F E Preferred Stock and may be reissued as part of a new series of any class or series of Preferred Stock in accordance with the Certificate of Incorporation.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kala Pharmaceuticals, Inc.)

Designation of Amount. (a) 2,928 9,393 shares of Preferred Stock shall be, and hereby are, designated the “Series F H Convertible Non-Redeemable Preferred Stock” (the “Series F H Preferred Stock”), par value $0.001 per share. (b) Subject to the requirements of the DGCL, the Certificate of Incorporation and this Certificate of Designations, the number of shares of Preferred Stock that are designated as Series F H Preferred Stock may be increased or decreased by vote of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series F H Preferred Stock to a number less than the number of such shares then outstanding. Any shares of Series F H Preferred Stock converted, redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall, automatically and without further action, be retired and canceled promptly after the acquisition thereof, and shall become authorized but unissued shares of Preferred Stock and may not be reissued as shares of Series F H Preferred Stock when the Corporation shall take such action as may be necessary to reduce the number of authorized shares of the Series F H Preferred Stock and may be reissued as part of a new series of any class or series of Preferred Stock in accordance with the Certificate of Incorporation.

Appears in 1 contract

Samples: Securities Purchase Agreement (KALA BIO, Inc.)

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Designation of Amount. (a) 2,928 100,000 shares of Preferred Stock shall be, and hereby are, designated the “Series F C Participating Convertible Non-Redeemable Preferred Stock” (the “Series F C Preferred Stock”), par value $0.001 per share. (b) Subject to the requirements of the DGCL, the Certificate of Incorporation and this Certificate of Designations, the number of shares of Preferred Stock that are designated as Series F C Preferred Stock may be increased or decreased by vote of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series F C Preferred Stock to a number less than the number of such shares then outstandingoutstanding plus the number of such shares that may be issued as dividends on the Series C Preferred Stock then outstanding and such additional shares issued as dividends. Any shares of Series F C Preferred Stock converted, redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall, automatically and without further action, be retired and canceled promptly after the acquisition thereof, and shall become authorized but unissued shares of Preferred Stock and may not be reissued as shares of Series F Preferred Stock when the Corporation shall take such action as may be necessary to reduce the number of authorized shares of the Series F C Preferred Stock and may be reissued as part of a new series of any class or series of Preferred Stock in accordance with the Certificate of IncorporationIncorporation and this Certificate of Designations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biolase, Inc)

Designation of Amount. (a) 2,928 One hundred thousand (100,000) shares of Preferred Stock shall be, and hereby are, designated the "Series F B Convertible Non-Redeemable Preferred Stock" (the "Series F B Preferred Stock"), par value $0.001 .0001 per share. (b) Subject to the requirements of the DGCL, the Certificate of Incorporation and this Certificate of DesignationsDesignation, the number of shares of Preferred Stock that are designated as Series F B Preferred Stock may be increased or decreased by vote of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series F B Preferred Stock to a number less than the number of such shares then outstandingoutstanding plus the number of such shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any other outstanding securities issued by the Corporation that are convertible into or exercisable for Series B Preferred Stock. Any shares of Series F B Preferred Stock converted, redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall, automatically and without further action, be retired and canceled promptly after the acquisition thereof, and shall become authorized but unissued shares of Preferred Stock and may not be reissued as shares of Series F Preferred Stock when the Corporation shall take such action as may be necessary to reduce the number of authorized shares of the Series F Preferred Stock and may be reissued as part of a new series of any class or series of Preferred Stock in accordance with the Certificate of Incorporation.

Appears in 1 contract

Samples: Series B Convertible Preferred Stock Purchase Agreement (Amalgamated Technologies Inc)

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