Reservation for Issuance. The Company will reserve that number of shares of Common Stock sufficient for issuance upon exercise or conversion of the Convertible Preferred Stock without regard to any limitation on such conversions; provided that in the case of the Convertible Preferred Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Common Stock following the approval of the Shareholder Proposal pursuant to Section 3.1(b).
Appears in 4 contracts
Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (Tib Financial Corp.)
Reservation for Issuance. The Company will shall reserve that number of shares of Common Stock Shares and Series B Shares sufficient for issuance upon exercise or conversion of Securities owned at any time by the Convertible Preferred Stock Investors without regard to any limitation on such conversionsconversion; provided provided, that in the case of the Convertible Preferred Warrants and the Series B Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will shall reserve such sufficient number of shares of Common Stock Shares following the approval of the Shareholder Proposal pursuant to Section 3.1(b)Stockholder Proposals.
Appears in 3 contracts
Samples: Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/)
Reservation for Issuance. The Company will reserve that number of shares of Common Stock and Preferred Stock sufficient for issuance issuance, including upon exercise or conversion conversion, of the Convertible Preferred Stock Securities owned at any time by Purchaser, without regard to any limitation on such conversionsconversion or exercise; provided that in the case of the Contingent Convertible Preferred StockStock and the Warrants, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Common Stock following the approval of the Shareholder Proposal stockholders pursuant to Section 3.1(b).
Appears in 2 contracts
Samples: Investment Agreement (DBD Cayman, Ltd.), Investment Agreement (Boston Private Financial Holdings Inc)
Reservation for Issuance. The Company will reserve that number of shares of Common Stock sufficient for issuance upon exercise or conversion of the Convertible Preferred Stock Securities without regard to any limitation on such conversionsconversion; provided that in the case of the Convertible Preferred Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation its charter the Company will reserve such sufficient number of shares of Common Stock following the approval of the Shareholder Proposal Stockholder Proposals pursuant to Section 3.1(b).
Appears in 2 contracts
Samples: Investment Agreement (Flagstar Bancorp Inc), Investment Agreement (Flagstar Bancorp Inc)
Reservation for Issuance. The Company will reserve that number of shares of Common Stock sufficient for issuance upon exercise or conversion of the Convertible Preferred Stock without regard to any limitation on such conversionsPurchased Shares; provided that in the case of the Convertible Preferred Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation Charter the Company will reserve such sufficient number of shares of Common Stock following the approval of the Shareholder Proposal (other than the proposal set forth in clause (1)(iii) of the definition of “Shareholder Proposal”) pursuant to Section 3.1(b).
Appears in 2 contracts
Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (Green Bankshares, Inc.)
Reservation for Issuance. The Company will reserve that number of shares of Voting Common Stock and Non-Voting Common Stock sufficient for issuance upon exercise or conversion of the Convertible Preferred Stock Securities owned at any time by Purchaser without regard to any limitation on such conversionsconversion; provided that in the case of the Convertible Preferred Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Voting Common Stock and Non-Voting Common Stock following the approval of the Shareholder Proposal stockholders pursuant to Section 3.1(b).
Appears in 2 contracts
Samples: Investment Agreement (Corsair Capital LLC), Investment Agreement (United Community Banks Inc)
Reservation for Issuance. The Company will reserve that number of shares of Common Stock sufficient for issuance upon exercise or conversion of the Convertible Preferred Stock without regard to any limitation on such conversionsPurchased Shares; provided that in the case of the Convertible Preferred Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Common Stock following the approval of the Shareholder Proposal pursuant to Section 3.1(b).
Appears in 2 contracts
Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (Capital Bank Corp)
Reservation for Issuance. The Company will reserve that number of shares of Common Stock reasonably anticipated to be sufficient for issuance upon exercise or conversion of the Convertible Preferred Stock owned at any time by the Investors without regard to any limitation on such conversions; provided conversion and that in the case of the Convertible Preferred Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Common Stock following reasonably anticipated to be sufficient for the approval payment of the Shareholder Proposal pursuant to Section 3.1(b)dividends.
Appears in 1 contract
Reservation for Issuance. The Company will reserve that number of shares of Common Stock sufficient for issuance upon exercise or conversion of the Convertible Preferred Stock Securities owned at any time by the Investor without regard to any limitation on such conversions; provided that in the case of the Convertible Preferred Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Common Stock following the approval of the Shareholder Proposal pursuant to Section 3.1(b)conversion.
Appears in 1 contract
Reservation for Issuance. The Company will reserve that number of shares of Common Stock and Convertible Preferred Stock sufficient for issuance upon exercise or conversion of Securities owned at any time by the Convertible Preferred Stock Investors without regard to any limitation on such conversionsconversion; provided that in the case of the Convertible Preferred StockStock and Warrants, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Common Stock following the approval of the Shareholder Proposal shareholders pursuant to Section 3.1(b).
Appears in 1 contract
Reservation for Issuance. The Company will reserve that number of shares of Voting Common Stock and Non-Voting Common Stock sufficient for issuance upon exercise or conversion of the Convertible Preferred Stock Securities owned at any time by Purchaser without regard to any limitation on such conversionsconversion; provided that in the case of the Convertible Preferred Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Voting Common Stock and Non-Voting Common Stock following the approval of the Shareholder Proposal stockholders pursuant to Section 3.1(b3.1(a).
Appears in 1 contract
Samples: Subscription Agreement (United Community Banks Inc)
Reservation for Issuance. The Company will reserve that number of shares of Common Stock and Non-Voting Stock sufficient for issuance upon exercise of the Warrant or conversion of any Common Stock held by the Convertible Preferred Investor or any of its controlled Affiliates into Non-Voting Stock or the conversion of any Non-Voting Stock held by the Investor or any of its controlled Affiliates into Common Shares, in each case, without regard to any limitation on such conversions; provided that in the case of the Convertible Preferred Stock, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Common Stock following the approval of the Shareholder Proposal pursuant to Section 3.1(b)exercise or conversion.
Appears in 1 contract
Reservation for Issuance. The Company will reserve that number of shares of Common Stock and Convertible Preferred Stock sufficient for issuance upon exercise or conversion of the Convertible Preferred Stock Securities owned at any time by Purchaser without regard to any limitation on such conversionsconversion; provided that in the case of the Convertible Preferred StockStock and the Warrant, solely to the extent the Company is unable to reserve such number of shares under the Articles of Incorporation the Company will reserve such sufficient number of shares of Common Stock following the approval of the Shareholder Proposal stockholders pursuant to Section 3.1(b).
Appears in 1 contract