Status of Preferred Shares after Closing. The Preferred Shares exchanged for the Exchange Shares pursuant to this Article II are being reacquired by the Company and shall have the status of authorized but unissued shares of Preferred Stock of the Company undesignated as to series and may be designated or redesignated and issued or reissued, as the case may be, as part of any series of preferred stock of the Company; provided that such shares shall not be reissued as Preferred Shares.
Appears in 15 contracts
Samples: Exchange Agreement, Securities Purchase Agreement, Exchange Agreement
Status of Preferred Shares after Closing. The Preferred Shares exchanged for the Exchange Shares pursuant to this Article II are being reacquired by the Company and shall have the status of authorized but unissued shares of Preferred Stock preferred stock of the Company undesignated as to series and may be designated or redesignated re-designated and issued or reissued, as the case may be, as part of any series of preferred stock of the Company; provided that such shares shall not be reissued as Preferred Shares.
Appears in 6 contracts
Samples: Exchange Agreement (First Bancorp /Nc/), Exchange Agreement (Heritage Commerce Corp), Exchange Agreement (Heritage Commerce Corp)
Status of Preferred Shares after Closing. The Preferred Exchanged Shares exchanged for the Exchange Series A Preferred Shares pursuant to this Article II are being reacquired by the Company and shall have the status of authorized but unissued shares of Preferred Stock of the Company undesignated as to series Common Shares and may be designated or redesignated and issued or reissued, as the case may be, as part of any series of preferred stock of the Company; provided that such shares shall not be reissued as Preferred Shares.
Appears in 2 contracts
Samples: Exchange Agreement (Hanover Bancorp, Inc. /NY), Exchange Agreement (Hanover Bancorp, Inc. /NY)
Status of Preferred Shares after Closing. The Preferred Shares exchanged for the Exchange Shares and the Cash Consideration pursuant to this Article II are being reacquired by the Company and and, upon Closing, shall have the status of authorized but unissued shares of Preferred Stock of the Company undesignated as to series and may be designated or redesignated and issued or reissued, as the case may be, as part of any series of preferred stock of the Company; provided that such shares shall not be reissued as Preferred Shares.
Appears in 1 contract
Samples: Exchange Agreement
Status of Preferred Shares after Closing. The Preferred Exchanged Shares exchanged for the Exchange New Shares pursuant to this Article II are being reacquired by the Company and shall have the status of authorized but unissued shares of Preferred Stock of the Company undesignated as to series Common Shares and may be designated or redesignated and issued or reissued, as the case may be, as part of any series of preferred stock of the Company; provided that such shares shall not be reissued as Preferred Shares.
Appears in 1 contract
Samples: Exchange Agreement (Castle Creek Capital Partners VII, LP)
