Series C Convertible Preferred Stock. Each of the holders of the Series C Convertible Preferred Stock shall have duly executed the Redemption Agreement in the form attached hereto as Exhibit K, which Agreement shall be in full force and effect and no material breach shall have occurred thereunder as of the Closing Date. National Media shall have, as of the Effective Time, redeemed all of the outstanding shares of the Series C Convertible Preferred Stock (and the Series D Convertible Preferred Stock issued in exchange therefore) pursuant to such Redemption Agreement and none of such shares shall remain outstanding as of the Effective Time.
Series C Convertible Preferred Stock. ACB HOLDINGS ADAM BLUM [***] APTORUM GROUP LIMITED (F/K/A STRIKER ASIA OPPORTUNITIES FUND CORP.) [***] AR PROPERTIES [***] BES INVESTMENTS LLC JEFFREY ENSLIN, MANAGER [***] BLAIROMA LLC [***] DAVID PYOTT LIVING TRUST [***] DAVID SCHWARTZ [***] DENICE HILL [***] DJ&J LLC [***] DONALD FISHBEIN [***] DYKE ROGERS [***] EZ MM&B HOLDINGS LLC BRYAN EZRALOW [***] F3F SPA [***] GARFINKLE REVOCABLE TRUST UAD 5/15/08, MORRIS GARFINKLE & STEPHANIE GARFINKLE TTEES [***] GARY FERMAN [***] GH HEALTHLINK CAPITAL [***] HENRY MORRIS ZACHS [***] INSYS THERAPEUTICS, INC. [***] INTERWEST PARTNERS IX, LP [***] IRREVOCABLE ALOHA TRUST MARIANNE SCHMITT HELLAUER TRUSTEE [***] IRWIN BLITT REVOCABLE TRUST [***] JAMES AND ARLENE PAYNE [***] JAMES CAMPBELL REGINA ANDERSON [***] JEFFREY B. KINDLER [***] JIM AUKSTUOLIS [***] JONATHAN PERELMAN [***] KF BUSINESS VENTURES [***] LAWRENCE D STERN ANNUITY TRUST [***] LAWRENCE M BLATT TRUST [***] LISA RUDES GRANDCHILDREN TRUST [***] MAHYAR EIDGAH [***] MAI 2 LLC [***] MARC COHEN [***] MARK RUBIN [***] MARKETPLACE LOFTS LP [***] MATTHEW ORLANDO [***] MICHAEL T. DAN [***] DENISE HILL [***] PETER FRIEDLAND [***] POZEN FAMILY 2016 TRUST (ROBERT AND ELIZABETH POZEN) [***] RICK MACE [***] RIVER CHARITABLE REMAINDER TRUST [***] RM KARGMAN LIFE INSURANCE TRUST EDWARD BARTLETT [***] ROBERT AND MARJIE KARGMAN [***] ROBERT GREEN TRUST [***] ROBERT K. GREEN TOD [***] ROBERT GRINBERG [***] ROBERT JAMES BRICKLEY [***] ROGER LASH REVOCABLE LIVING TRUST [***] RUDES GCT INVESTMENT PTN. [***] SHANGHAI HEALTHCARE INDUSTRY INVESTMENT FUND NEW YORK, LLC [***] SOL BARER [***] STEPHEN MERINGOFF [***] STEVEN GLASSMAN [***] THE DIANA & DAVID FRESHWATER LIVING TRUST UAD 01/20/94 DAVID FRESHWATER TTEE [***] THE JONATHAN G. DAVIS TRUST U/A/D [***] THE NOTAS FAMILY TRUST UAD 8/13/97 [***] THOMAS KEMPNER [***] TRANSPAC INVESTMENTS LIMITED [***] U/W CARL M. LOEB 01/03/55 TRUST FBO [***] WILLIAM KARGMAN REVOCABLE TRUST [***] WILLIAM STRAWBRIDGE [***] SIDNEY AZEEZ TRUST FOR THE FAMILY OF MICHAEL AZEEZ UAD 11/30/95 MICHAEL AZEEZ TTE [***] ROBERT FROME [***] JDA PARTNERS LP [***] KALA IINTERNATIONAL INVESTMENT CO LTD [***] GARY KATZMAN [***] ROCKLEDGE ASSOCIATES LLC RICHARD A. BERNSTEIN [***] DAVID E. SCHWARTZ [***] ZHAOXIA YANG [***] HARRY KARGMAN [***] JOHN WAGNER [***]
Series C Convertible Preferred Stock. Each share of the Series C Convertible Preferred Stock, no par value, of the Company ("Company Series C Preferred Stock") issued and outstanding immediately prior to the Effective Time (other than shares cancelled and retired pursuant to Section 2.1(b) and Dissenting Shares), shall be converted into and become the right to receive, subject to Section 2.2, 0.000002923350909% of the Residual Merger Consideration (the "Series C Merger Consideration").
Series C Convertible Preferred Stock. This Certificate evidences duly authorized, issued and outstanding shares of Convertible Preferred Stock. Notwithstanding anything to the contrary in this Certificate, to the extent that any provision of this Certificate conflicts with the provisions of the Certificate of Designation or the Articles of Incorporation, the provisions of the of the Certificate of Designation or the Articles of Incorporation, as applicable, will control.
Series C Convertible Preferred Stock. Waterside Capital ------------------------------------ Corporation, a Virginia corporation, is the only holder of the Company's Series C Convertible Preferred Stock and the warrants issued in connection with the issuance of the Series C Convertible Preferred Stock.
Series C Convertible Preferred Stock. From and ------------------------------------ after the First Closing, so long as shares of the Series C Convertible Preferred Stock of the Company shall remain outstanding, the Company shall, quarterly on the fifteenth day of December, March, June and September of each year, pay all accrued and unpaid dividends on its Series C
Series C Convertible Preferred Stock. The Purchaser and the Company agree that in lieu of any shares of common stock deliverable upon exercise of the Warrants or conversion of the Note, the Company may issue the Holder an equivalent number, on an as-converted basis, of shares of the Company’s Series C Convertible Preferred Stock (the “Series C”), which converts on the basis of 1,000,000 shares of common stock to one share of Series C, in accordance with the Certificate of Designation setting forth the terms of the Series C, which is attached as Exhibit G to this Agreement.
Series C Convertible Preferred Stock. The delivery of any Triggering Event Redemption Notice (as defined under the Series C Convertible Preferred Certificate) under the Series C Convertible Preferred Certificate, both as in effect on the First Amendment Date and as may be amended.
(vi) Notwithstanding any other provision of the Loan and Security Agreement, as amended, the Borrower shall be permitted to redeem all or a portion of the Series C Convertible Preferred Stock at an aggregate redemption price of up to $30,000,000 pursuant to Section 5(b) of the Series C Convertible Preferred Certificate following a Triggering Event (as defined in the Series C Convertible Preferred Certificate) pursuant to Section 5(a)(iii) of the Series C Convertible Preferred Certificate. For the avoidance of doubt, any principal or accrued amount outstanding at the time of redemption in excess of the aggregate amount paid to the Holders, shall remain outstanding and remain due and payable to the Holders. Notwithstanding the foregoing, in no event shall this section or any other provision of the Loan Documents or otherwise limit any rights of the Agent and Lenders to be paid prior to the holders of the Series C securities upon any exercise of remedies by Agent or the Lenders (whether such exercise is automatic or upon the direction of any parties), in any action either before or after the consummation of any Insolvency Proceeding.
Series C Convertible Preferred Stock. Each share of Company Series C Convertible Preferred Stock issued and outstanding immediately prior to the Effective Time will be converted into the right to receive the Per Series C Preferred Share Consideration;
Series C Convertible Preferred Stock. The Company has duly ------------------------------------ authorized the issuance and sale to the Purchasers of an aggregate of up to 750,000 shares of Series C Convertible Preferred Stock, par value $.01 per share (the "Series C Preferred Stock"), of the Company. The designations, rights, preferences and other terms and conditions relating to the Series C Preferred Stock shall be as set forth on Exhibit A.
