General Voting Rights. The holder of each share of Series A --------------------- Preferred Stock and Series B Preferred Stock shall have the right to one vote for each share of Common Stock into which such Series A Preferred Stock and Series B Preferred Stock could then be converted (with any fractional share determined on an aggregate conversion basis being rounded to the nearest whole share), and with respect to such vote, such holder shall have full voting rights and powers equal to the voting rights and powers of the holders of Common Stock, and shall be entitled, notwithstanding any provision hereof, to notice of any stockholders' meeting in accordance with the Bylaws of this corporation, and shall be entitled to vote, together as a single class with holders of Common Stock, with respect to any question upon which holders of Common Stock have the right to vote; except for the election of directors.
Appears in 5 contracts
Samples: Loan and Security Agreement (Corsair Communications Inc), Loan and Security Agreement (Corsair Communications Inc), Warrant Agreement (Corsair Communications Inc)
General Voting Rights. The holder of each share of Series A --------------------- Preferred Stock and Series B Preferred Stock shall have the right to one vote for each share of Common Stock into which such Series A Preferred Stock and Series B Preferred Stock could then be converted (with any fractional share determined on an aggregate conversion basis being rounded to the nearest whole share), and with respect to such vote, such holder shall have full voting rights and powers equal to the voting rights and powers of the holders of Common Stock, and shall be entitled, notwithstanding any provision hereof, to notice of any stockholders' meeting in accordance with the Bylaws by-laws of this corporation, and shall be entitled to vote, together as a single class with holders of Common Stock, with respect to any question upon which holders of Common Stock have the right to vote; except for the election of directors.
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (Corsair Communications Inc), Stock Purchase Agreement (Corsair Communications Inc), Warrant Agreement (Corsair Communications Inc)
General Voting Rights. The holder of each share of Series A --------------------- Preferred Stock and Series B A-1 Convertible Preferred Stock shall have be entitled to the right number of votes equal to one vote for each share the number of the shares of Common Stock into which such share of Series A Preferred Stock and Series B A-1 Convertible Preferred Stock could then be converted (with for purposes of determining the shares entitled to vote at any fractional share determined on an aggregate conversion basis being rounded to regular, annual or special meeting of stockholders of the nearest whole share)Company or any action by written consent of the stockholders, and with respect to such vote, such holder shall have full voting rights and powers equal to the voting rights and powers of the holders of Common StockStock (except as otherwise expressly provided herein or as required by law, voting together with the Common Stock as a single class) and shall be entitled, notwithstanding any provision hereof, entitled to notice of any stockholders' β meeting in accordance with the Bylaws bylaws of this corporationthe Company. Fractional votes shall not, however, be permitted and any fractional voting rights resulting from the above formula (after aggregating all shares into which shares of the Series A-1 Convertible Preferred Stock held by each holder could be converted) shall be entitled rounded to vote, together as a single class the nearest whole number (with holders of Common Stock, with respect to any question upon which holders of Common Stock have the right to vote; except for the election of directorsone-half being rounded upward).
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Titan Energy Worldwide, Inc.), Convertible Preferred Stock Purchase Agreement (Pioneer Power Solutions, Inc.)
General Voting Rights. The holder of each share of Series A --------------------- Preferred Stock and Series B the Preferred Stock shall have the right to one vote for each share of Common Stock into which such Series A Preferred Stock and Series B Preferred Stock could then be converted (with any fractional share determined on an aggregate conversion basis being rounded to the nearest whole share), and with respect to such vote, such holder shall have full voting rights and powers equal to the voting rights and powers of the holders of Common Stock, and shall be entitled, notwithstanding any provision hereof, to notice of any stockholdersshareholders' meeting in accordance with the Bylaws of this corporationCorporation, and shall be entitled to vote, together as a single class with holders of Common Stock, with respect to any question upon which holders of Common Stock have the right to vote; , except for the election of directorsdirectors as provided in Section 5(b) below.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Rubios Restaurants Inc), Series C Preferred Stock Purchase Agreement (Rubios Restaurants Inc)
General Voting Rights. The holder of each share of Series --------------------- A --------------------- Preferred Stock and Series B Preferred Stock shall have the right to one vote for each share of Common Stock into which such Series A Preferred Stock and Series B Preferred Stock could then be converted (with any fractional share determined on an aggregate conversion basis being rounded to the nearest whole share), and with respect to such vote, such holder shall have full voting rights and powers equal to the voting rights and powers of the holders of Common Stock, and shall be entitled, notwithstanding any provision hereof, to notice of any stockholders' meeting in accordance with the Bylaws of this corporation, and shall be entitled to vote, together as a single class with holders of Common Stock, with respect to any question upon which holders of Common Stock have the right to vote; except for the election of directors.
Appears in 1 contract
General Voting Rights. The holder of each share of --------------------- Series A --------------------- Preferred Stock, Series B Preferred Stock and Series B C Preferred Stock shall have the right to one vote for each share of Common Stock into which such Series A Preferred Stock, Series B Preferred Stock and Series B C Preferred Stock could then be converted (with any fractional share determined on an aggregate conversion basis being rounded to the nearest whole share), and with respect to such vote, such holder shall have full voting rights and powers equal to the voting rights and powers of the holders of Common Stock, and shall be entitled, notwithstanding any provision hereof, to notice of any stockholders' meeting in accordance with the Bylaws of this corporation, and shall be entitled to vote, together as a single class with holders of Common Stock, with respect to any question upon which holders of Common Stock have the right to vote; except for the election of directors.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Corsair Communications Inc)