Sale and Issuance of Series D Preferred Stock. 1.1.1 The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Amended and Restated Certificate of Incorporation in the form attached hereto as Exhibit A (the “Restated Certificate”).
Sale and Issuance of Series D Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined in Section 1.2(a) below) the Fourth Amended and Restated Certificate of Incorporation in the form attached hereto as Exhibit B (the "Restated Certificate").
Sale and Issuance of Series D Preferred Stock. (a) The Company will have authorized before Closing (as defined below) the sale and issuance of up to 1,500,000 shares of Series D Preferred Stock (the "Shares"), with the Shares having the rights, preferences, privileges and restrictions as set forth in the Company's Amended and Restated Articles of Incorporation in the form attached hereto as Exhibit A (the "Articles"), and the Company shall adopt and file the Articles with the Secretary of State of California on or before the Closing.
Sale and Issuance of Series D Preferred Stock. (a) The Board of Directors of the Company shall adopt and file with the Secretary of State of the State of California on or before the Initial Closing (as defined below) the Fourth Amended and Restated Articles of Incorporation (collectively, the "Restated Articles") in substantially the form attached hereto as Exhibit A-1.
Sale and Issuance of Series D Preferred Stock. Subject to the terms and conditions of this Agreement, each Investor listed on Schedule 1 hereto severally and not jointly subscribes for and agrees to purchase, and the Company agrees to sell and issue to each Investor as provided herein, that number of shares of Series D Preferred Stock as is set forth opposite such Investor's name on Schedule 1 hereto, for a purchase price of $1.46 per share (the "Purchase Price") with the aggregate purchase price for each Investor being as is set forth opposite such Investor's name on Schedule 1 hereto.
Sale and Issuance of Series D Preferred Stock. 1.1.1 The Company’s board of directors shall adopt a resolution approving the terms and sale of the Series D Preferred Stock pursuant to the terms of this Agreement and the Company shall file a Certificate of Designation stating the voting powers, designations, preferences, limitations, restrictions and relative rights of the class or series in accordance with the terms of this Agreement with the Secretary of State of the State of Nevada on or before the Initial Closing (as defined below).
Sale and Issuance of Series D Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Delaware on or before the Closing (as defined below) the Restated Certificate of Incorporation in the form attached hereto as Exhibit A (the “Restated Certificate”). The Company has authorized (i) the sale and issuance to the Investor of the Series D Preferred Stock and (ii) the issuance of such shares of Common Stock to be issued upon conversion of the Series D Preferred Stock. The Series D Preferred Stock and the Common Stock to be issued upon conversion of the Series D Preferred Stock have the powers, preferences and rights set forth in the Restated Certificate.
Sale and Issuance of Series D Preferred Stock. Subject to the terms and conditions of this Agreement, each Purchaser agrees to purchase at the Initial Closing (as defined below), and the Company agrees to sell and issue to such Purchaser at the Initial Closing, that number of shares of the Company's Series D Preferred Stock set forth opposite such Purchaser's name on Exhibit A hereto (the "Shares") for the purchase price set forth thereon (the "Purchase Price"). The Company's agreement with each Purchaser is a separate agreement, and the sale of the Shares to each Purchaser is a separate sale.
Sale and Issuance of Series D Preferred Stock. Subject to the terms and conditions of this Agreement, each Investor agrees to purchase at the Closing, and the Company agrees to sell and issue to each such Investor at the Closing, that number of shares of the Company's Series D Preferred Stock (as defined below) set forth opposite each such Investor's name on Schedule A for a purchase price of $2.76 per share.
Sale and Issuance of Series D Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Initial Closing (as defined below in Section 1.3(a)) the Fourth Restated Certificate of Incorporation in the form attached hereto as Exhibit B (the “Fourth Restated Certificate”). The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the 2010 Initial Closing (as defined below in Section 1.3(c)) the Sixth Restated Certificate of Incorporation in the form attached hereto as Exhibit B-1 (the “Sixth Restated Certificate”). The term “
