Status of Converted or Redeemed Stock. In the event any shares of Preferred Stock shall be redeemed or converted pursuant to Section 3 or Section 4 hereof, the shares so converted or redeemed shall be cancelled and shall not be issuable by the corporation. The Articles of Incorporation of this corporation shall be appropriately amended to effect the corresponding reduction in the corporation's authorized capital stock.
Status of Converted or Redeemed Stock. In case any shares of Series A Preferred Stock shall be redeemed or otherwise repurchased or reacquired, the shares so redeemed, repurchased, or reacquired shall resume the status of authorized but unissued shares of preferred stock, and shall no longer be designated as Series A Preferred Stock.
Status of Converted or Redeemed Stock. In the event any shares of ------------------------------------- Series A Preferred Stock shall be converted or redeemed pursuant to Section 4 or 5 hereof or otherwise, the shares of Series A Preferred Stock so converted or redeemed shall be cancelled and shall not be issuable by the corporation, and this corporation.
Status of Converted or Redeemed Stock. In the event any shares of Series OH-2 Convertible Preferred Stock shall be converted or redeemed by the Corporation, the shares so converted or redeemed shall not be reissuable by the Corporation as Series OH-2 Convertible Preferred Stock but shall be designated as authorized and undesignated preferred stock and available for issuance by the Corporation as undesignated preferred stock. At such time as all outstanding shares of Series OH-2 Convertible Preferred Stock have been converted or redeemed, (i) any theretofore authorized but unissued shares of such series shall return to the status of undesignated preferred shares of the Corporation, (ii) this Certificate of Designation shall be deemed amended to eliminate all authorized Series OH-2 Convertible Preferred Stock and the terms and provisions thereof, and (iii) the Board of Directors and officers of the Corporation are authorized to take such action and execute and file such instruments as may be necessary or appropriate to effect such amendment.
Status of Converted or Redeemed Stock. In the event any shares of Preferred Stock shall be redeemed or converted pursuant to Section 3 or Section 4 hereof, the shares so converted or redeemed shall be cancelled and shall not be issuable by the Corporation. The Articles of Incorporation of this Corporation shall be appropriately amended to effect the corresponding reduction in the Corporation's authorized capital stock.
Status of Converted or Redeemed Stock. In the event any shares of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock shall be redeemed pursuant to Section 2 of this Division B of this Article IV or converted pursuant to subsection 4(a) of Division B of this Article IV or Section 3 of this Division B of this Article IV, the shares so redeemed or converted shall be canceled and shall not be issuable by the Corporation. The Restated Certificate shall be appropriately amended to effect the corresponding reduction in the Corporation’s authorized capital stock.
Status of Converted or Redeemed Stock. In case any shares of Series B Preferred Stock shall be redeemed or converted pursuant to paragraphs 4 or 5 hereof, or otherwise repurchased or reacquired, the shares so redeemed, converted or reacquired shall resume the status of authorized but unissued shares of Preferred Stock and shall no longer be designated as Series B Preferred Stock. Signed as of this 24nd day of September, 1997. XXXXXXXX ENERGY CORP. By: Xxxxxx X. Xxxxxxxxx President By: Xxxxxxx X. Xxxxxxxxx Secretary STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) On September 24, 1997, Xxxxxx X. Xxxxxxxxx and Xxxxxxx X. Xxxxxxxxx, personally appeared before me, a Notary Public for the State and County aforesaid, as President and Secretary, respectively, of Xxxxxxxx Energy Corp., who acknowledged that each of them executed the above instrument. __________________________ Notary Public EXHIBIT C OPTION AGREEMENT AGREEMENT made as of this 24th day of September, 1997 by and between INFINITY INVESTORS LIMITED ("Infinity"), and _____________________ (the "Optionee").
Status of Converted or Redeemed Stock. In the event any shares of Preferred Stock shall be converted pursuant to Section 3 or Section 4 hereof or shall be repurchased or otherwise acquired by the Corporation in any manner whatsoever, such shares shall be retired and canceled promptly after the acquisition thereof. Such shares shall not be reissued as shares of Series A Preferred Stock, Series B Preferred Stock and Series C Preferred Stock or shares of any other series of Preferred Stock. Upon such cancellation, and upon the filing of any certificates required or appropriate under applicable law, the number of authorized shares of Preferred Stock as set forth in Article FOURTH, Section A shall be reduced by the number of such shares so canceled.
Status of Converted or Redeemed Stock. In the event any shares of Preferred shall be redeemed or converted, the shares so converted or redeemed shall be canceled and shall not have the status of authorized but unissued shares of Preferred and shall not be issuable by the corporation and the Articles of Incorporation of this corporation shall be amended to effect the corresponding reduction in the corporation's capital stock.
Status of Converted or Redeemed Stock. Any shares of Series D Convertible Preferred Stock that are redeemed, converted or otherwise acquired by the Corporation or any of its subsidiaries shall be automatically and immediately cancelled and retired and shall not be reissued, sold or transferred. Neither the Corporation nor any of its subsidiaries may exercise any voting or other rights granted to the Holders of Series D Convertible Preferred Stock following redemption.
