Series A Certificate of Designation Sample Clauses

Series A Certificate of Designation. An amendment to the Certificate of Designation with respect to the Series A Preferred Stock of the Company shall have been prepared for filing with the Secretary of State of the State of Delaware deleting Section 12 thereof, in the form acceptable to Purchasers. The Purchasers shall have received confirmation satisfactory to it that (1) the holders of Series A Preferred Stock have waived any past or current application of Section 12 of the Series A Certificate of Designation and (2) the requisite consents from holders of the Series A Preferred Stock of the Company have been obtained approving such amendment.
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Series A Certificate of Designation. The Company shall have filed the Series A Certificate of Designation with the State of Delaware.
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Series A Certificate of Designation. The Company shall take such action as is necessary to promptly amend the Certificate of Designations of Series A Preferred Stock, but in no event later than five Business Days after the Closing Date, to extend the automatic conversion of the Series A Preferred Stock upon the occurrence of an Automatic Conversion Event (as defined in the Certificate of Designations) from September 25, 2005 to September 25, 2008.
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Series A Certificate of Designation. The Series A Certificate of Designation shall have been duly amended and restated in the manner agreed to by the Company and the Purchaser, and proof thereof shall have been furnished to the Purchaser;
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Series A Certificate of Designation. The Company shall have filed with the Secretary of State of Nevada the Series A Certificate of Designation substantially in the form of Exhibit B attached hereto;
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Series A Certificate of Designation. The Series A Certificate of Designation shall have been filed with the Secretary of State of Pennsylvania;
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Series A Certificate of Designation. The Company shall have filed the Series A Certificate of Designation with the State of Delaware. The “Series A Conversion Price” applicable to the Preferred Stock shall equal the lower of (a) the closing price per share of the Common Stock on the day of pricing the Public Offering and (b) the initial conversion price of the Series B Convertible Preferred Stock and the “Series A Original Issue Price” shall be $1,000 per share of Preferred Stock.
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Related to Series A Certificate of Designation

  • Certificate of Designations The Certificate of Designations shall have been filed with the Secretary of State of the State of Delaware.

  • Certificate of Designation The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.

  • Filing of Certificate of Designation The Certificate of Designation shall have been filed with the Secretary of State of the State of Delaware.

  • Series Designation The Series Designation establishing a Series may: (i) specify a name or names under which the business and affairs of such Series may be conducted; (ii) designate, fix and determine the relative rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests of such Series and the Members associated therewith (to the extent such terms differ from those set forth in this Agreement) and (iii) designate or authorize the designation of specific Officers to be associated with such Series. A Series Designation (or any resolution of the Managing Member amending any Series Designation) shall be effective when a duly executed original of the same is included by the Managing Member among the permanent records of the Company, and shall be annexed to, and constitute part of, this Agreement (it being understood and agreed that, upon such effective date, the Series described in such Series Designation shall be deemed to have been established and the Interests of such Series shall be deemed to have been authorized in accordance with the provisions thereof). The Series Designation establishing a Series may set forth specific provisions governing the rights of such Series against a Member associated with such Series who fails to comply with the applicable provisions of this Agreement (including, for the avoidance of doubt, the applicable provisions of such Series Designation). In the event of a conflict between the terms and conditions of this Agreement and a Series Designation, the terms and conditions of the Series Designation shall prevail.

  • Certificate of Amendment A successor Owner Trustee appointed under this Agreement will promptly file a certificate of amendment to the Certificate of Trust with the Secretary of State of the State of Delaware identifying the name and principal place of business of the successor Owner Trustee in the State of Delaware. The successor Owner Trustee will promptly deliver a file-stamped copy of the certificate of amendment to the Administrator.

  • Effect of Designation (i) If notice designating an Early Termination Date is given under Section 6(a) or (b), the Early Termination Date will occur on the date so designated, whether or not the relevant Event of Default or Termination Event is then continuing.

  • Restated Certificate The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.

  • Series A Preferred Units (a) The authorized number of Series A Preferred Units shall be unlimited. Series A Preferred Units that are purchased or otherwise acquired by the Partnership shall be cancelled.

  • Articles Supplementary The Company shall have filed the Articles Supplementary with the SDAT.

  • Series C Preferred Stock The holders of outstanding shares of Series C Preferred Stock shall be entitled to receive dividends, when and as declared by the Board of Directors, out of any assets at the time legally available therefor, at the Dividend Rate specified for such shares of Preferred Stock payable in preference and priority to any declaration or payment of any distribution on Series A Preferred Stock, Series B Preferred Stock or Common Stock of the Corporation other than a dividend payable solely in Common Stock. No distributions shall be made with respect to the Series A Preferred Stock, Series B Preferred Stock or Common Stock during any fiscal year of the Corporation, other than dividends on the Common Stock payable solely in Common Stock, until all dividends at the applicable Dividend Rate on the Series C Preferred Stock have been declared and paid or set apart for payment to the holders of Series C Preferred Stock. The right to receive dividends on shares of Series C Preferred Stock shall not be cumulative, and no right to such dividends shall accrue to holders of Series C Preferred Stock by reason of the fact that dividends on said shares are not declared or paid in any year.

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