Common use of General Voting Rights Clause in Contracts

General Voting Rights. In connection with any matter as to which the holders of Series A Common Stock and Series B Common Stock are entitled to vote other than the election of Common Stock Directors, each share of Series A-1 Preferred Stock issued and outstanding as of the record date for such meeting shall have (and the holder of record thereof shall be entitled to cast) the number of votes equal to the number of votes such holder would have been entitled to cast had it converted its shares of Series A-1 Preferred Stock into shares of Series A Common Stock immediately prior to the record date for the determination of stockholders entitled to vote upon such matter. Except as provided in this Section 6 and Article IV, Section C.5 and Article IV, Section B.1 of the Charter, and except as otherwise may be required by law or Series Preferred Stock Designation of any other series of Series Preferred Stock, the holders of Common Stock, the holders of Convertible Preferred Stock, the holders of New Convertible Preferred Stock and the holders of any other series of Series Preferred Stock entitled to vote thereon, if any, shall be entitled to notice of and to attend any, meeting of stockholders and to vote together as one class with respect to all matters to be voted on by stockholders of the Corporation (including for purposes of Article VII of the Charter, but excluding, with respect to the Series A-1 Preferred Stock, the election of directors and any matter provided by Section 242 of the DGCL, but including, without limitation, and irrespective of the provisions of Section 242(b)(2) of the DGCL, any proposed amendment to the Charter that would (x) increase (i) the number of authorized shares of Common Stock or any series thereof, (ii) the number of authorized shares of Preferred Stock or any series thereof or (iii) the number of authorized shares of any other class or series of capital stock of the Corporation hereafter established or (y) decrease (i) the number of authorized shares of Common Stock or any series thereof, (ii) the number of authorized shares of Preferred Stock or any series thereof or (iii) the number of authorized shares of any other class or series of capital stock of the Corporation hereafter established (but not below the number of shares of such class or series of capital stock, as the case may be, then outstanding)), and no separate class or series vote or consent of the holders of shares of any class or series of capital stock of the Corporation shall be required for the approval of any such matter.

General Voting Rights. In connection with any matter Except as to which expressly provided by this Restated Certificate of Incorporation or as provided by law, (i) the holders of Series Seed Preferred Stock, Series A Preferred Stock, and Series B Preferred Stock shall have the right to ten (10) votes for each share of Class B Common Stock into which such Series Seed Preferred Stock, Series A Preferred Stock, and Series B Preferred Stock could then be converted, and with respect to such vote, such holder shall have full voting rights and powers equivalent to those of the holders of Class B Common Stock and Series B Common Stock are entitled to vote other than the election of Common Stock Directors, each share of Series A-1 Preferred Stock issued and outstanding as of the record date for such meeting shall have (and the holder of record thereof shall be entitled to cast) the number of votes equal to the number of votes such holder would have been entitled to cast had it converted its shares of Series A-1 Preferred Stock into shares of Series A Common Stock immediately prior to the record date for the determination of stockholders entitled to vote upon such matter. Except as provided in this Section 6 and Article IV, Section C.5 and Article IV, Section B.1 of the Charter, and except as otherwise may be required by law or Series Preferred Stock Designation of any other series of Series Preferred Stock, the holders of Common Stock, the holders of Convertible Preferred Stock, the holders of New Convertible Preferred Stock and the holders of any other series of Series Preferred Stock entitled to vote thereon, if any, shall be entitled to notice of and to attend any, any stockholders’ meeting of stockholders and to vote together as one class in accordance with respect to all matters to be voted on by stockholders the Bylaws of the Corporation (including for purposes of Article VII of the Charter, but excluding, with respect to the Series A-1 Preferred Stock, the election of directors and any matter provided by Section 242 of the DGCL, but including, without limitationCorporation, and irrespective of the provisions of Section 242(b)(2) of the DGCL, any proposed amendment to the Charter that would (x) increase (i) the number of authorized shares of Common Stock or any series thereof, (ii) the number holders of authorized Series C-1 Preferred Stock, Series C-2 Preferred Stock, Series C-3 Preferred Stock, and Series D Preferred Stock shall have the right to one (1) vote for each share of Class A Common Stock into which such Series C-1 Preferred Stock, Series C-2 Preferred Stock, Series C-3 Preferred Stock, or Series D Preferred Stock could then be converted, and with respect to such vote, such holder shall have full voting rights and powers equivalent to those of the holders of Class A Common Stock and shall be entitled to notice of any stockholders’ meeting in accordance with the Bylaws of the Corporation. Except as expressly provided by this Restated Certificate of Incorporation or as provided by law, the holders of Class A Common Stock, Class B Common Stock, and Preferred Stock shall vote together as a single class on an as converted basis on all matters upon which holders of Class A Common Stock, Class B Common Stock, and Preferred Stock have the right to vote. Fractional votes shall not, however, be permitted and any fractional voting rights available on an as-converted basis (after aggregating all shares into which shares of Preferred Stock or any series thereof or (iiiheld by each holder could be converted) the number of authorized shares of any other class or series of capital stock of the Corporation hereafter established or (y) decrease (i) the number of authorized shares of Common Stock or any series thereof, (ii) the number of authorized shares of Preferred Stock or any series thereof or (iii) the number of authorized shares of any other class or series of capital stock of the Corporation hereafter established (but not below the number of shares of such class or series of capital stock, as the case may be, then outstanding)), and no separate class or series vote or consent of the holders of shares of any class or series of capital stock of the Corporation shall be required for rounded to the approval of any such matternearest whole number (with one-half and greater being rounded upward).

General Voting Rights. In connection with any matter Except as provided by law or this Certificate, the holder of each share of Preferred Stock shall have the right to which the holders of Series A Common Stock and Series B Common Stock are entitled to one vote other than the election for each share of Common Stock Directorsinto which such Preferred Stock could then be converted, and with respect to such vote, each share holder of Series A-1 Preferred Stock issued and outstanding as of the record date for such meeting shall have (full voting rights and the holder of record thereof shall be entitled to cast) the number of votes powers equal to the number voting rights and powers of votes such holder would have been entitled to cast had it converted its shares of Series A-1 Preferred Stock into shares of Series A Common Stock immediately prior to the record date for the determination of stockholders entitled to vote upon such matter. Except as provided in this Section 6 and Article IV, Section C.5 and Article IV, Section B.1 of the Charter, and except as otherwise may be required by law or Series Preferred Stock Designation of any other series of Series Preferred Stock, the holders of Common Stock, the holders of Convertible Preferred Stockand shall be entitled, the holders of New Convertible Preferred Stock and the holders notwithstanding any provision hereof, to notice of any other series stockholders’ meeting in accordance with the Bylaws of Series Preferred Stock entitled to vote thereon, if anythis corporation, shall be entitled to notice vote, together with holders of and to attend any, meeting of stockholders and to vote together as one class with respect to all matters to be voted on by stockholders of the Corporation (including for purposes of Article VII of the Charter, but excludingCommon Stock, with respect to any question upon which holders of Common Stock have the Series A-1 Preferred Stockright to vote. Fractional votes shall not, the election of directors however, be permitted and any matter provided by Section 242 of the DGCL, but including, without limitation, and irrespective of the provisions of Section 242(b)(2) of the DGCL, any proposed amendment to the Charter that would fractional voting rights available on an as-converted basis (x) increase (i) the number of authorized after aggregating all shares of Common Stock or any series thereof, (ii) the number of authorized into which shares of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series D-1 Preferred Stock or and Series E Preferred Stock held by each holder could be converted) shall be rounded to the nearest whole number (with one-half being rounded upward). On any series thereof or (iii) the number matter for which a separate vote of authorized shares of any other a class or series of this corporation may be required by law (consistent with this corporation’s ability to define, state and express the voting powers of its capital stock in this Certificate) and notwithstanding the classification of the Corporation hereafter established or this corporation’s stock described in Article IV (yA) decrease (i) the number of authorized shares of Common Stock or any series thereofabove, (ii) the number of authorized shares of Preferred Stock or any series thereof or (iii) the number of authorized shares of any other class or series of capital stock of the Corporation hereafter established (but not below the number of shares of such class or series of capital stock, as the case may be, then outstanding)), and no separate required class or series vote or consent shall be satisfied (i) in the case of a required class vote of the holders Preferred Stock of shares of any class or series of capital stock this corporation, by the vote of the Corporation shall be Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series D-1 Preferred Stock and Series E Preferred Stock voting together as a single class, and (ii) in the case of a required for series vote of the approval Series D Preferred Stock and the Series D-1 Preferred Stock , by the vote of any such matterthe Series D Preferred Stock and Series D-1 Preferred Stock voting together as a single series.

General Voting Rights. In connection with any matter Except as to which otherwise required by applicable law or the holders Articles of Incorporation, each holder of Series A Common E Preferred Stock and Series B Common Stock are entitled shall have the right to one vote other than the election for each share of Common Stock Directors, each share of into which Series A-1 E Preferred Stock issued could then be converted (excluding any PIK Dividends), and outstanding as of the record date for with respect to such meeting vote, such holder shall have (full voting rights and the holder of record thereof shall be entitled to cast) the number of votes powers equal to the number voting rights and powers of votes such holder would have been entitled to cast had it converted its shares of Series A-1 Preferred Stock into shares of Series A Common Stock immediately prior to the record date for the determination of stockholders entitled to vote upon such matter. Except as provided in this Section 6 and Article IV, Section C.5 and Article IV, Section B.1 of the Charter, and except as otherwise may be required by law or Series Preferred Stock Designation of any other series of Series Preferred Stock, the holders of Common Stock, the holders of Convertible Preferred Stockand shall be entitled, the holders of New Convertible Preferred Stock and the holders notwithstanding any provision hereof, to notice of any other series shareholders’ meeting in accordance with the bylaws of Series Preferred Stock entitled to vote thereonthe Corporation, if any, and shall be entitled to notice vote, together with the holders of and to attend any, meeting of stockholders and to vote together as one class with respect to all matters to be voted on by stockholders of the Corporation (including for purposes of Article VII of the Charter, but excludingCommon Stock, with respect to the Series A-1 Preferred Stock, the election of directors and any matter provided by Section 242 of the DGCL, but including, without limitation, and irrespective of the provisions of Section 242(b)(2) of the DGCL, any proposed amendment to the Charter that would (x) increase (i) the number of authorized shares question upon which holders of Common Stock have the right to vote and shall vote as a series where required by law or as provided below. Fractional voting shall not be permitted and any fractional voting rights available on an as-converted basis (after aggregating all shares into which shares of Series E Preferred Stock held by each holder could be converted) shall be rounded to the nearest whole number (with one-half being rounded upward). In addition to any rights granted to a holder of shares of Series E Preferred Stock pursuant to this Section 5, shares of Series E Preferred Stock shall be entitled to vote as a class or series, separate and apart from any other series thereof, (ii) the number of authorized shares of Preferred Stock or any series thereof or (iii) the number holders of authorized shares of any other class or series of capital stock of the Corporation hereafter established or (y) decrease (i) the number of authorized shares of Common Stock or Stock, on any series thereof, matter as to which class voting (ii) the number of authorized shares of Preferred Stock or any series thereof or (iii) the number of authorized shares of any other class or series voting, as applicable) is required under applicable law. Notwithstanding anything in this Section 5 to the contrary, solely for purposes of capital stock of the Corporation hereafter established (but not below determining the number of shares of such class Common Stock into which each share of Series E Preferred Stock could then be converted for purposes of determining voting rights under this Section 5.5(a), the Conversion Price shall initially be the greater of (i) $1.37 or series (ii) the closing bid price of capital stockthe Common Stock on the Nasdaq SmallCap Market on the trading day immediately prior to the date that the share of Series E Preferred Stock is issued, as the case such value may be, then outstandingbe adjusted pursuant to Section 5.4(f)), and no separate class or series vote or consent of the holders of shares of any class or series of capital stock of the Corporation shall be required for the approval of any such matter.

General Voting Rights. In connection with any matter Except as to which expressly provided by this Restated Certificate of Incorporation or as provided by law, (i) the holders of Series Seed Preferred Stock, Series A Preferred Stock, and Series B Preferred Stock shall have the right to IO votes for each share of Class B Common Stock into which such Series Seed Preferred Stock, Series A Preferred Stock, and Series B Preferred Stock could then be converted, and with respect to such vote, such holder shall have full voting rights and powers equivalent to those of the holders of Class B Common Stock and Series B Common Stock are entitled to vote other than the election of Common Stock Directors, each share of Series A-1 Preferred Stock issued and outstanding as of the record date for such meeting shall have (and the holder of record thereof shall be entitled to cast) the number of votes equal to the number of votes such holder would have been entitled to cast had it converted its shares of Series A-1 Preferred Stock into shares of Series A Common Stock immediately prior to the record date for the determination of stockholders entitled to vote upon such matter. Except as provided in this Section 6 and Article IV, Section C.5 and Article IV, Section B.1 of the Charter, and except as otherwise may be required by law or Series Preferred Stock Designation of any other series of Series Preferred Stock, the holders of Common Stock, the holders of Convertible Preferred Stock, the holders of New Convertible Preferred Stock and the holders of any other series of Series Preferred Stock entitled to vote thereon, if any, shall be entitled to notice of and to attend any, any stockholders’ meeting of stockholders and to vote together as one class in accordance with respect to all matters to be voted on by stockholders the Bylaws of the Corporation (including for purposes of Article VII of the Charter, but excluding, with respect to the Series A-1 Preferred Stock, the election of directors and any matter provided by Section 242 of the DGCL, but including, without limitationCorporation, and irrespective of the provisions of Section 242(b)(2) of the DGCL, any proposed amendment to the Charter that would (x) increase (i) the number of authorized shares of Common Stock or any series thereof, (ii) the number holders of authorized Series C-1 Preferred Stock, Series C-2 Preferred Stock, Series C-3 Preferred Stock, Series D Preferred Stock, Series E Preferred Stock, and Series F Preferred Stock shall have the right to one vote for each share of Class A Common Stock into which such Series C-1 Preferred Stock, Series C-2 Preferred Stock, Series C-3 Preferred Stock, Series D Preferred Stock, Series E Preferred Stock, or Series F Preferred Stock could then be converted, and with respect to such vote, such holder shall have full voting rights and powers equivalent to those of the holders of Class A Common Stock and shall be entitled to notice of any stockholders’ meeting in accordance with the Bylaws of the Corporation. Except as expressly provided by this Restated Certificate of Incorporation or as provided by law, the holders of Class A Common Stock, Class B Common Stock, and Preferred Stock shall vote together as a single class on an as converted basis on all matters upon which holders of Class A Common Stock, Class B Common Stock, and Preferred Stock have the right to vote. Fractional votes shall not, however, be permitted and any fractional voting rights available on an as-converted basis (after aggregating all shares into which shares of Preferred Stock or any series thereof or (iiiheld by each holder could be converted) the number of authorized shares of any other class or series of capital stock of the Corporation hereafter established or (y) decrease (i) the number of authorized shares of Common Stock or any series thereof, (ii) the number of authorized shares of Preferred Stock or any series thereof or (iii) the number of authorized shares of any other class or series of capital stock of the Corporation hereafter established (but not below the number of shares of such class or series of capital stock, as the case may be, then outstanding)), and no separate class or series vote or consent of the holders of shares of any class or series of capital stock of the Corporation shall be required for rounded to the approval of any such matternearest whole number (with one-half and greater being rounded upward).