Common use of Sale and Issuance of Series E Preferred Stock Clause in Contracts

Sale and Issuance of Series E Preferred Stock. (a) The Company shall adopt and file with the Secretary of State 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").

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Theravance Inc), Preferred Stock Purchase Agreement (Theravance Inc)

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Sale and Issuance of Series E 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 Amended and Restated Certificate of Incorporation of the Company substantially in the form attached hereto as Exhibit A B (the "Restated CertificateCharter").

Appears in 2 contracts

Samples: Collaboration and License Agreement (Affymax Inc), Collaboration and License Agreement (Affymax Inc)

Sale and Issuance of Series E Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the first Closing (as defined below) the Restated Certificate of Incorporation in the form attached hereto as Exhibit A (the "Restated Certificate").

Appears in 1 contract

Samples: Stock Purchase Agreement (Biosite Diagnostics Inc)

Sale and Issuance of Series E 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 Amended and Restated Certificate of Incorporation of the Company substantially in the form attached hereto as Exhibit A B (the "Restated Certificate"Charter”).

Appears in 1 contract

Samples: Collaboration and License Agreement (Affymax Inc)

Sale and Issuance of Series E 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) the Fifth Amended and Restated Certificate of Incorporation in the form of Exhibit B attached hereto as Exhibit A to this Agreement (the "Restated Certificate").

Appears in 1 contract

Samples: Development Collaboration and License Agreement (GenMark Diagnostics, Inc.)

Sale and Issuance of Series E Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Delaware on or before the Closing Funding (as defined below) the Restated Certificate of Incorporation in the form attached hereto as Exhibit A (the "Restated --------- Certificate").

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (DSL Net Inc)

Sale and Issuance of Series E 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 below) the Amended and Restated Certificate of Incorporation in the form attached hereto as Exhibit A B (the "Restated Certificate").

Appears in 1 contract

Samples: Series E Preferred Stock Purchase Agreement (Metabasis Therapeutics Inc)

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Sale and Issuance of Series E Preferred Stock. (a) The Company shall adopt have adopted and file filed with the Secretary of State of the State of Delaware on or before the Closing (as defined below) date hereof the Amended and Restated Certificate of Incorporation in the form attached hereto as Exhibit A B (the "Restated Certificate").

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Glaxosmithkline PLC)

Sale and Issuance of Series E 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) the Restated Certificate of Incorporation Designations in the form of Exhibit B attached hereto as Exhibit A to this Agreement (the "Restated Certificate"“Certificate of Designations”).

Appears in 1 contract

Samples: Series E Preferred Stock Purchase Agreement (Glowpoint, Inc.)

Sale and Issuance of Series E Preferred Stock. (a) The Company shall adopt and file with the Delaware Secretary of State Delaware on or before the Closing (as defined belowin Section 1.2) the Sixth Amended and Restated Certificate of Incorporation in the form attached hereto to this Agreement as Exhibit A (the "Restated Certificate").

Appears in 1 contract

Samples: Series E Preferred Stock Purchase Agreement (Bazaarvoice Inc)

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