Senior Securities. Issue any "senior securities", as such term is defined and used in the Investment Company Act other than Permitted Senior Securities.
Senior Securities. The Company shall maintain the senior status of the Series 2 Convertible Preferred Stock such that it shall rank senior in all respects, including the payment on limitation and redemption, to all other equity securities of the Company, except that the Series 1 Preferred shall rank pari passu with the Series 2 Convertible Preferred Stock.
Senior Securities. The Senior Securities have been duly and validly authorized, and, when executed and delivered pursuant to this Agreement, such Senior Securities will be duly and validly issued, will not be issued in violation of any preemptive rights, and will rank senior to the Common Stock and all other series or classes of capital stock, whether or not designated, issued or outstanding, with respect to the payment of interest, dividends and other distributions and the distribution of assets in the event of any dissolution, liquidation or winding up of the Company.
Senior Securities. The Board of Directors is authorized to fix or alter the rights, preferences, privileges, and restrictions granted to or imposed upon additional series of Preferred Stock, and the number of shares constituting any such series and the designation thereof, or of any of them. Subject to compliance with applicable protective voting rights which have been or may be granted to the Preferred Stock or any series thereof in Certificates of Designation (including Section 10 hereof), the Corporation's Restated Articles of Incorporation or the Nevada General Corporation Law ("Protective Provisions"), the rights, privileges, preferences, and restrictions of any such additional series of Preferred Stock may be subordinated to, PARI PASSU with, or senior in any respect to any of those of the Series B Preferred Stock or any future class or series of Preferred Stock. Such senior securities are referred to as "Senior Securities."
Senior Securities. Issue, assume or suffer to exist (a) any ----------------- security that is senior to the Investor Stock, or (b) any Indebtedness for Borrowed Money that is an Equity Security or is issued with an Equity Security.
Senior Securities. The Company shall maintain the senior status of the Series C Preferred such that it shall rank senior in all respects, including the payment on liquidation and redemption, to all other equity securities of the Company, including the Series A Convertible Preferred Stock.
Senior Securities. Except as set forth in the Series E-1 Certificate and the Series E-2 Certificate with respect to the relative priority between the Series E-1 Preferred Stock and the Series E-2 Preferred Stock, the Company shall maintain the senior status of the Series E-1 Preferred Stock and the Series E-2 Preferred Stock such that they shall rank senior in all respects, including the payment on liquidation, to all other equity securities of the Company (including, without limitation, such equity securities as are outstanding on the date hereof).
Senior Securities. (a) Subject to Section 8.8(b), the Company shall maintain the senior status of the Series A Preferred such that it shall rank senior in all respects, including the payment on liquidation and redemption, to all other equity securities of the Company.
(b) Notwithstanding the foregoing Section 8.8(a):
(i) the Company may issue up to $10,000,000 of Preferred Stock, with pricing terms that are no more favorable than those of the Series A Preferred, to either:
(A) a Strategic Investor, provided that (I) such Preferred Stock may rank either senior to or pari passu with the Series A Preferred; and provided further that the Company shall use its reasonable best efforts in its negotiations with such Strategic Investor to have the Preferred Stock rank pari passu with (instead of senior to) the Series A Preferred and (II) the Company shall permit the Xxxxxxx Funds to be involved in such issuance of Preferred Stock to such Strategic Investor, or
(B) a Financial Investor; provided that such Preferred Stock shall rank either pari passu with or junior to the Series A Preferred; and
(ii) the Company may issue up to an additional $10,000,000 of Preferred Stock ranking pari passu with the Series A Preferred; provided that the conversion price per share of Common Stock into which such Preferred Stock is convertible is at least 145% of the Conversion Price of the Series A Preferred (as defined in the Articles Supplementary) at the time of issuance of such Preferred Stock.
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Senior Securities. Issue any security that is senior to or ranks pari passu with the Acquired Notes, whether with respect to right of payment of principal, interest, damages or upon liquidation or dissolution or otherwise.
