Common use of Series D Preferred Stock Clause in Contracts

Series D Preferred Stock. Each share of the Series D Preferred Stock issued and outstanding immediately prior to the Effective Time shall not be affected by the Merger and shall, upon the election of holders of a majority of the then outstanding Series D Preferred Stock, be converted, immediately after the Reverse Split and simultaneously with the conversion of the Series E Preferred Stock as contemplated by Section 1.07(d)(ii) below, into that number of shares of common stock of the Surviving Corporation in accordance with Section 7(aa) of Article V.B of the Restated Articles then in effect.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Critical Path Inc), Agreement and Plan of Merger (Vectis Cp Holdings LLC), Agreement and Plan of Merger (General Atlantic LLC)

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Series D Preferred Stock. Each share of the Series D Preferred Stock issued and outstanding immediately prior to the Effective Time shall not be affected changed or converted by the Merger and shall, upon the election shall remain outstanding as a share of holders of a majority of the then outstanding Series D Preferred Stock, be converted, immediately after the Reverse Split and simultaneously with the conversion of the Series E Preferred Stock as contemplated by Section 1.07(d)(ii) below, into that number of shares of common stock of the Surviving Corporation in accordance with Section 7(aa) of Article V.B of the Restated Articles then in effect.Corporation;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Critical Path Inc)

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