Surrender of Certificates; Payment. On or before the Redemption Date, each holder of shares of Series A Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 5, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A Preferred Stock shall promptly be issued to such holder.
Appears in 6 contracts
Samples: Exchange Agreement (Franklin Electronic Publishers Inc), Share Purchase Agreement (Franklin Electronic Publishers Inc), Exchange Agreement (Franklin Electronic Publishers Inc)
Surrender of Certificates; Payment. On or before the Redemption Date, each holder of shares of Series A Preferred Stock to be redeemed on such the Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 57, shall surrender the certificate or certificates certificates, properly endorsed, representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate, which agreement shall not require the posting of a bond) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A Preferred Stock shall promptly be issued by the Corporation to such holderholder or their designee.
Appears in 5 contracts
Samples: Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp), Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp), Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series A Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 54, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A Preferred Stock shall promptly be issued to such holder.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Care.com Inc), Preferred Stock Purchase Warrant (Care.com Inc), Common Stock Purchase Warrant (Care.com Inc)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series A Preferred Redemption Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 53(a), shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A Preferred Redemption Stock shall promptly be issued to such holder.
Appears in 4 contracts
Samples: Merger Agreement (Mascoma Corp), Share Purchase Agreement (Mascoma Corp), Warrant Agreement (Mascoma Corp)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series A Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 54, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A Preferred Stock shall promptly be issued to such holder.
Appears in 4 contracts
Samples: Debt Conversion Agreement (Telvue Corp), Series a Preferred Stock and Warrant Purchase Agreement (Farmstead Telephone Group Inc), Series a Preferred Stock and Warrant Purchase Agreement (Farmstead Telephone Group Inc)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series A Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 54, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A such series of Preferred Stock shall promptly be issued to such holder.
Appears in 3 contracts
Samples: Business Financing Agreement (Vapotherm Inc), Warrant Agreement (Vapotherm Inc), Warrant Agreement (Vapotherm Inc)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series A Preferred Redemption Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares of Junior Preferred as provided in Section 53(a), shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A Preferred Redemption Stock shall promptly be issued to such holder.
Appears in 2 contracts
Samples: Subordinated Convertible Note Purchase Agreement, Subordinated Convertible Note Purchase Agreement (Mascoma Corp)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series A Preferred Redemption Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 53(a), shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. thereof In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A Preferred Redemption Stock shall promptly be issued to such holder.
Appears in 2 contracts
Samples: Warrant Agreement (Mascoma Corp), Warrant Agreement (Mascoma Corp)
Surrender of Certificates; Payment. On or before the Redemption Date, each holder of shares of Series A E Preferred Stock and/or Series D Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 5Article IV3.c, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A E Preferred Stock or Series D Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A E Preferred Stock or Series D Preferred Stock shall promptly be issued to such holder.
Appears in 2 contracts
Samples: Loan and Security Modification Agreement (Singulex Inc), Loan and Security Modification Agreement (Singulex Inc)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series A B Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 54, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A B Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A B Preferred Stock shall promptly be issued to such holder.
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Surrender of Certificates; Payment. On or before the Fundamental Redemption Date, each holder of shares of Series A D Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 54, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Noticenotice from the Corporation, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A D Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A D Preferred Stock shall promptly be issued to such holder.
Appears in 1 contract
Samples: Convertible Preferred Stock and Warrant Purchase Agreement (Idera Pharmaceuticals, Inc.)
Surrender of Certificates; Payment. On or before the Redemption Date, each holder of shares of Series A B Preferred Stock to be redeemed on such the Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 54, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A B Preferred Stock represented by a certificate are redeemedredeemed (including shares of Series B Preferred Stock for which the Redemption Price has not yet been paid), a new certificate representing the unredeemed shares of Series A B Preferred Stock shall promptly be issued to such holder.
Appears in 1 contract
Samples: Stock Purchase Agreement (Planet Technologies, Inc)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of Class Seed Preferred shares of Series A Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares, shall, if a holder of shares as provided in Section 5certificated form, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation Company to indemnify the Corporation Company against any claim that may be made against the Corporation Company on account of the alleged loss, theft or destruction of such certificate) to the CorporationCompany, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereofits owner. In the event If less than all of the Class Seed Preferred shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate certificate, instrument, or book entry representing the unredeemed Class Seed Preferred shares of Series A Preferred Stock shall promptly be issued to such holder.
Appears in 1 contract
Samples: Class a Preferred Share Purchase Agreement (Mechanical Technology Inc)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series Class A Preferred Stock shares to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares, shall, if a holder of shares as provided in Section 5certificated form, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation Company to indemnify the Corporation Company against any claim that may be made against the Corporation Company on account of the alleged loss, theft or destruction of such certificate) to the CorporationCompany, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereofits owner. In the event If less than all of the shares of Series Class A Preferred Stock shares represented by a certificate are redeemed, a new certificate certificate, instrument, or book entry representing the unredeemed shares of Series Class A Preferred Stock shares shall promptly be issued to such holder.
Appears in 1 contract
Samples: Class a Preferred Share Purchase Agreement (Mechanical Technology Inc)
Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of Preferred shares of Series A Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares, shall, if a holder of shares as provided in Section 5certificated form, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation Company to indemnify the Corporation Company against any claim that may be made against the Corporation Company on account of the alleged loss, theft or destruction of such certificate) to the CorporationCompany, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event its owner, If less than all of the DocuSign Envelope ID: 9185ACAB-3A85-4C95-A06F-E56C449F86CE Preferred shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate certificate, instrument, or book entry representing the unredeemed Preferred shares of Series A Preferred Stock shall promptly be issued to such holder.
Appears in 1 contract
Samples: Class a Preferred Share Purchase Agreement (Mechanical Technology Inc)
Surrender of Certificates; Payment. On or before the Mandatory Redemption Date or the Optional Redemption Date, as the case may be, each holder of shares of Series A [A] Non-Voting Preferred Stock to be redeemed on such Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 5, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price redemption price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A [A] Non-Voting Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series A [A] Non-Voting Preferred Stock shall promptly be issued to such holder.
Appears in 1 contract
Surrender of Certificates; Payment. On or before the applicable Put Redemption Date or Call Redemption Date, each holder of shares of Series A Preferred Stock to be redeemed on such Put Redemption DateDate or Call Redemption Date shall, unless such if a holder has exercised hisof shares in certificated form, her or its right to convert such shares as provided in Section 5, shall surrender the certificate or certificates representing such shares (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price for such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a new certificate certificate, instrument, or book entry representing the unredeemed shares of Series A Preferred Stock shall promptly be issued to such holder.
Appears in 1 contract