Common use of Surrender of Certificates; Payment Clause in Contracts

Surrender of Certificates; Payment. On or before the applicable Mandatory Redemption Date or Optional Redemption Date, each holder of shares of Series A Preferred Stock to be redeemed on such Mandatory Redemption Date or Optional Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section A.5, shall, if a holder of shares in certificated form, 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 Mandatory Redemption Notice or Optional Redemption Notice, and thereupon the Redemption Price for such shares shall be payable in cash 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 book entry (or a new certificate, if so requested by such holder) representing the unredeemed shares of Series A Preferred Stock shall promptly be issued to such holder.

Appears in 3 contracts

Samples: Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Id Systems Inc)

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Surrender of Certificates; Payment. On or before the applicable Mandatory Redemption Date or Optional Redemption Date, each holder of shares of Series A B Preferred Stock to be redeemed on such Mandatory Redemption Date or Optional the Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section A.5IV.3(d), shall, if a holder of shares in certificated form, 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 Mandatory Redemption Notice or Optional Redemption [***] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Notice, and thereupon the Redemption Price for such shares shall be payable in cash 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 book entry (or a new certificate, if so requested by such holder) instrument, or book entry representing the unredeemed shares of Series A B Preferred Stock shall promptly be issued to such holder.

Appears in 2 contracts

Samples: Investors Agreement (Sunnova Energy International Inc.), Investors Agreement (Sunnova Energy International Inc.)

Surrender of Certificates; Payment. On or before the applicable Mandatory Redemption Date or Optional Redemption Date, each holder of shares of Series A B Preferred Stock to be redeemed on such Mandatory Redemption Date or Optional the Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section A.5IV.3(d), shall, if a holder of shares in certificated form, 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 [***] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. 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 Mandatory Redemption Notice or Optional Redemption Notice, and thereupon the Redemption Price for such shares shall be payable in cash 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 book entry (or a new certificate, if so requested by such holder) instrument, or book entry representing the unredeemed shares of Series A B Preferred Stock shall promptly be issued to such holder.

Appears in 2 contracts

Samples: Investors Agreement (Sunnova Energy International Inc.), Investors Agreement (Sunnova Energy International Inc.)

Surrender of Certificates; Payment. On or before the applicable Mandatory Redemption Date or Optional Liquidation Redemption Date, each holder of shares of Series A B Preferred Stock and Series C Preferred Stock to be redeemed on such Mandatory Redemption Date or Optional Liquidation Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section A.54, shall, if a holder of shares in certificated 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 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 Mandatory Redemption Notice or Optional Redemption Notice, and thereupon the Redemption Price Series B Liquidation Amount and the Series C Liquidation Amount, as applicable, for such shares shall be payable in cash 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 and Series C Preferred Stock represented by a certificate are redeemed, a book entry (or a new certificate, if so requested by such holder) certificate representing the unredeemed shares of Series A B Preferred Stock and Series C Preferred Stock, as applicable, shall promptly be issued to such holder.

Appears in 1 contract

Samples: Adoption Agreement (Arrowhead Research Corp)

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Surrender of Certificates; Payment. On or before any Voluntary Redemption Date or the applicable Mandatory Redemption Date or Optional (each, an “Applicable Redemption Date”), each holder of shares of Series A Preferred Stock to be redeemed on such Mandatory Redemption Date or Optional Applicable Redemption Date, unless such holder has exercised his, her or its such holder’s right to convert such shares as provided in Section A.54 hereof on or before such redemption date, shall, if a holder of shares in certificated 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 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 a Voluntary Redemption Notice or the Mandatory Redemption Notice or Optional (each, an “Applicable Redemption Notice”), and thereupon the Applicable Redemption Price for such shares shall be payable in cash to the order of the person Person whose name appears on such certificate or certificates as the owner thereof, and each surrendered certificate shall be canceled and retired. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a book entry (or a new certificate, if so requested by such holder) certificate representing the unredeemed shares of Series A Preferred Stock shall promptly be issued to such holder.

Appears in 1 contract

Samples: Backstop Securities Agreement (Rehabcare Group Inc)

Surrender of Certificates; Payment. On or before the applicable Mandatory Redemption Date or Optional Redemption Date, each holder of shares of Series A Preferred Stock to be redeemed on such Mandatory Redemption Date or Optional Redemption Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section A.54 hereof, shall, if a holder of shares in certificated form, shall surrender the certificate or certificates representing such shares to the Corporation (or, if such registered holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement of such holder (in form reasonably acceptable to the Corporation 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 Mandatory Redemption Notice or Optional Redemption Notice, and thereupon on the Redemption Date the Redemption Price for such shares shall be payable in cash paid to the order of the person whose name appears on such certificate or certificates as the owner thereof, and each surrendered certificate shall be canceled and retired. In the event less than all of the shares of Series A Preferred Stock represented by a certificate are redeemed, a book entry (or a new certificate, if so requested by such holder) certificate representing the unredeemed shares of Series A Preferred Stock shall promptly be issued to such holder. In the event a holder fails to surrender such holder’s certificate (and/or a lost certificate affidavit and agreement to indemnify) for the redeemed Series A Preferred Stock on or before the applicable Redemption Date, such stock shall be redeemed as of the Redemption Date regardless, and the Redemption Price shall be paid to such holder upon surrender of the applicable certificate (and/or lost certificate affidavit and agreement to indemnify).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Capital City Energy Group, Inc.)

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