Issuance of Series E Preferred Stock Sample Clauses

Issuance of Series E Preferred Stock. The issuance of the Series E Preferred Stock pursuant to the terms of this Agreement shall be legally permitted by all applicable laws and regulations.
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Issuance of Series E Preferred Stock. The Series E Preferred Stock, when and if issued in accordance with the provisions of this Agreement, will be validly issued, fully paid and nonassessable, and will be free of any liens or encumbrances (other than those created by Redwood), and will not be subject to any restrictions on transferability contained in Regent's Certificate of Incorporation, as amended, or in any agreement to which Regent is a party that are not similarly applicable to other Series of Preferred Stock; provided, however, that such shares may be subject to restrictions on transfer under state securities laws and federal communications and/or securities laws.
Issuance of Series E Preferred Stock. In the event ------------------------------------ that Purchaser does not exercise the Option, the Company shall not at any time issue any Series E Preferred Stock or designate any Preferred Stock as Series E Preferred Stock.
Issuance of Series E Preferred Stock. The issuance of the Series E Preferred Stock is duly authorized and, upon issuance in accordance with the terms hereof, the shares of Series E Preferred Stock will be validly issued, fully paid and non-assessable. The shares of Common Stock issuable upon conversion of the Series E Preferred Stock, when issued and delivered in accordance with the terms of the Series E Designation, will be duly and validly issued, fully paid and non-assessable, free and clear of all Encumbrances, other than restrictions on transfer under applicable state and federal securities laws.
Issuance of Series E Preferred Stock. Immediately upon the exercise of any Warrants, the Company shall issue, or cause its transfer agent to issue, a certificate or certificates for the number of shares of Series E Preferred Stock or fraction thereof, registered in accordance with the instructions set forth in the Election to Purchase. All shares of Series E Preferred Stock or fraction thereof issued upon the exercise of any Warrants shall be validly authorized and issued, fully paid, non-assessable, free of preemptive rights and (subject to Section 3.1 hereof) free from all taxes, liens, charges and security interests in respect of the issuance thereof. Each person in whose name any such certificate for Series E Preferred Stock or fraction thereof is issued shall be deemed for all purposes to have become the holder of record of the Series E Preferred Stock represented thereby on the Date of Exercise of the Warrants resulting in the issuance of such shares, irrespective of the date of issuance or delivery of such certificate for shares of Series E Preferred Stock or fraction thereof.
Issuance of Series E Preferred Stock. Borrower shall not issue any shares of Series E Preferred Stock other than upon conversion of the Debt pursuant to this Agreement.
Issuance of Series E Preferred Stock. The Lender will have no obligation to issue the Series E Preferred Stock until all required consents have been obtained from third parties with respect to the Settlement Assets, and the Borrower, at its expense, shall use its reasonable best efforts to obtain any such required consent(s) as promptly as possible following the Effective Date.
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Related to Issuance of Series E Preferred Stock

  • Issuance of Series of Shares If the Fund shall at any time issue shares in more than one series, this Agreement may be adopted, amended, continued or renewed with respect to a series as provided herein, notwithstanding that such adoption, amendment, continuance or renewal has not been effected with respect to any one or more other series of the Fund.

  • Preferred Stock Shares of Preferred Stock may be issued from time to time in one or more series, each of such series to have such terms as stated or expressed herein and in the resolution or resolutions providing for the creation and issuance of such series adopted by the Board of Directors as hereinafter provided. Authority is hereby expressly granted to the Board of Directors from time to time to issue the Preferred Stock in one or more series, and in connection with the creation of any such series, by adopting a resolution or resolutions providing for the issuance of the shares thereof and by filing a certificate of designation relating thereto in accordance with the DGCL (a “Certificate of Designation”), to determine and fix the number of shares of such series and such voting powers, full or limited, or no voting powers, and such designations, preferences and relative participating, optional or other special rights, and qualifications, limitations or restrictions thereof, including without limitation thereof, dividend rights, conversion rights, redemption privileges and liquidation preferences, and to increase or decrease (but not below the number of shares of such series then outstanding) the number of shares of any series as shall be stated and expressed in such resolutions, all to the fullest extent now or hereafter permitted by the DGCL. Without limiting the generality of the foregoing, the resolution or resolutions providing for the creation and issuance of any series of Preferred Stock may provide that such series shall be superior or rank equally or be junior to any other series of Preferred Stock to the extent permitted by law and this Second Amended and Restated Certificate (including any Certificate of Designation). Except as otherwise required by law, holders of any series of Preferred Stock shall be entitled only to such voting rights, if any, as shall expressly be granted thereto by this Second Amended and Restated Certificate (including any Certificate of Designation). The number of authorized shares of Preferred Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the DGCL.

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