Rights of Holders of Preferred Stock Sample Clauses

Rights of Holders of Preferred Stock. Notwithstanding the provisions of this ARTICLE 6, whenever the holders of one (1) or more series of Preferred Stock issued by the Corporation shall have the right, voting separately or together by series, to elect directors at an annual or special meeting of stockholders, the election, term of office, filling of vacancies and other features of such directorship shall be governed by the rights of such Preferred Stock as set forth in the certificate of designations governing such series.
AutoNDA by SimpleDocs
Rights of Holders of Preferred Stock. Notwithstanding the provisions of this ARTICLE FIVE, whenever the holders of one or more series of Preferred Stock shall have the right, voting separately or together by series, to elect directors at an annual or special meeting of stockholders, the election, term of office, filling of vacancies and other features of such directorship shall be subject to the rights of such series of Preferred Stock. During any period when the holders of any series of Preferred Stock, voting separately as a series or together with one or more series, have the right to elect additional directors, then upon commencement and for the duration of the period during which such right continues: (i) the then otherwise total authorized number of directors of the Corporation shall automatically be increased by such specified number of directors, and the holders of such Preferred Stock shall be entitled to elect the additional directors so provided for or fixed pursuant to said provisions, and (ii) each such additional director shall serve until such director’s successor shall have been duly elected and qualified, or until such director’s right to hold such office terminates pursuant to said provisions, whichever occurs earlier, subject to his or her earlier death, resignation, disqualification or removal. Except as Table of Contents otherwise provided by the Board of Directors in the resolution or resolutions establishing such series and the related Preferred Stock Designation, whenever the holders of any series of Preferred Stock having such right to elect additional directors are divested of such right pursuant to the provisions of such stock, the terms of office of all such additional directors elected by the holders of such stock, or elected to fill any vacancies resulting from the death, resignation, disqualification or removal of such additional directors, shall forthwith terminate (in which case each such director thereupon shall cease to be qualified as, and shall cease to be, a director) and the total authorized number of directors of the Corporation shall automatically be reduced accordingly.
Rights of Holders of Preferred Stock. The Company ------------------------------------ covenants and agrees that, unless otherwise agreed to by a majority of the holders of the Series A Preferred Stock, the designations, powers, preferences, rights, qualifications, limitations and restrictions of the Series A Preferred Stock shall be as set forth in the Series A Certificate of Designations, and the Company covenants and agrees not to amend, without the consent of a majority of the holders of Series A Preferred Stock, (i) the Company's Certificate or By- laws in a manner that would impact the holders of the Series A Preferred Stock, or (ii) the Series A Certificate
Rights of Holders of Preferred Stock. The Company covenants and agrees that, unless otherwise agreed to by a majority of the holders of the Series A Preferred Stock, the designations, powers, preferences, rights, qualifications, limitations and restrictions of the Series A Preferred Stock shall be as set forth in the Series A Certificate of Designations, and the Company covenants and agrees not to amend, without the consent of a majority of the holders of Series A Preferred Stock, (i) the Company's Certificate or By-laws in a manner that would impact the holders of the Series A Preferred Stock, or (ii) the Series A Certificate of Designations. The Company covenants and agrees that, unless otherwise consented to by a majority of the holders of the Series B Preferred Stock, the designations, powers, preferences, rights, qualifications, limitations and restrictions of the Series B Preferred Stock shall be as set forth in the Series B Certificate of Designations, and the Company covenants and agrees not to amend, without the consent of a majority of the holders of Series B Preferred Stock, (i) the Company's Certificate or By-laws in a manner that would impact the holders of the Series B Preferred Stock, or (ii) the Series B Certificate of Designations.

Related to Rights of Holders of Preferred Stock

  • 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.

Time is Money Join Law Insider Premium to draft better contracts faster.