Common use of Surrender and Cancellation of Securities Clause in Contracts

Surrender and Cancellation of Securities. Upon the Effective Date, Matria shall surrender to Adeza for cancellation (a) certificates representing (i) 1,142,858 shares of Adeza's Series E Preferred Stock, no par value, and (ii) 11,657 shares of Adeza's Series 2 Preferred Stock, par value $0.001 per share, and (b) a Warrant to purchase 1,702 shares of Adeza's Series 2 Preferred Stock (collectively, the "Surrendered Securities"), which securities represent all of the Adeza capital stock, or rights to acquire Adeza capital stock, held beneficially or of record by Matria or its affiliates. Matria acknowledges and agrees that following the Effective Date it will have no right to receive any shares of the Adeza Series 1 Preferred Stock for which the Adeza Series E Preferred Stock was to be exchanged. To properly effect the surrender of the Preferred Stock, Matria shall, on or prior to the Effective Date, complete, execute and deliver to Adeza the assignments separate from certificate attached as Exhibit B hereto.

Appears in 3 contracts

Samples: Agreement and Release (Adeza Biomedical Corp), Agreement and Release (Adeza Biomedical Corp), Exclusive Marketing Agreement (Matria Healthcare Inc)

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Surrender and Cancellation of Securities. Upon the Effective Date, Matria shall surrender to Adeza for cancellation (a) certificates representing (i) 1,142,858 [***] shares of Adeza's Series E Preferred Stock, no par value, and (ii) 11,657 [***] shares of Adeza's Series 2 Preferred Stock, par value $0.001 per share, and (b) a Warrant to purchase 1,702 [***] shares of Adeza's Series 2 Preferred Stock (collectively, the "Surrendered Securities"), which securities represent all of the Adeza capital stock, or rights to acquire Adeza capital stock, held beneficially or of record by Matria or its affiliates. Matria acknowledges and agrees that following the Effective Date it will have no right to receive any shares of the Adeza Series 1 Preferred Stock for which the Adeza Series E Preferred Stock was to be exchanged. To properly effect the surrender of the Preferred Stock, Matria shall, on or prior to the Effective Date, complete, execute and deliver to Adeza the assignments separate from certificate attached as Exhibit B hereto.

Appears in 1 contract

Samples: Agreement and Release (Adeza Biomedical Corp)

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