Common use of Surrender of Certificates; Payment Clause in Contracts

Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series C 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 hereof, shall surrender the certificate or certificates representing such shares to the Company, in the manner and at the place designated in the applicable notice (or at the Company’s principal business offices, if not so noted), and thereupon the Applicable 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, and each surrendered certificate shall be cancelled and retired. In the event less than all of the shares of Series C Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series C Preferred Stock shall promptly be issued to such holder.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Home Solutions of America Inc), Preferred Stock Purchase Agreement (Home Solutions of America Inc), Preferred Stock Purchase Agreement (Home Solutions of America Inc)

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Surrender of Certificates; Payment. On or before the applicable Redemption Put Date, each holder of shares of Series C B Preferred Stock to be redeemed on such Redemption Put Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 5 hereofabove, shall surrender the certificate or certificates (or deliver an affidavit of loss and indemnity agreement for such certificates) representing such shares to the CompanyCorporation, in the manner and at the place designated by the Corporation in the applicable its notice (or at the Company’s principal business offices, if not so noted)pursuant to this Section 7, and thereupon the Applicable Redemption Put 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, and each surrendered certificate shall be cancelled canceled and retired. In the event less than all of the shares of Series C B Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series C B Preferred Stock shall promptly be issued to such holder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mti Technology Corp)

Surrender of Certificates; Payment. On or before the applicable Redemption Date, each holder of shares of Series C 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 hereof, 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 CompanyCorporation 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 applicable notice (or at the Company’s principal business offices, if not so noted)Redemption Notice, and thereupon the Applicable 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, and each surrendered certificate shall be cancelled and retired. In the event less than all of the shares of Series C Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series C Preferred Stock shall promptly be issued to such holder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Presbia PLC)

Surrender of Certificates; Payment. On or before the applicable respective Redemption Date, each holder of shares of Series C one or more series of Redeemable Preferred Stock to be redeemed on such respective Redemption Date, unless such holder has exercised his, her or its his right to convert such shares as provided in Section 5 4 hereof, shall surrender the certificate or certificates representing such shares to the CompanyCorporation, in the manner and at the place designated in the applicable notice (or at the Company’s principal business offices, if not so noted)Redemption Notice, and thereupon the Applicable respective 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, and each surrendered certificate shall be cancelled canceled and retired. In the event less than all of the shares of Series C any series of Redeemable Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series C Redeemable Preferred Stock Stock, as the case may be, shall promptly be issued to such holderissued.

Appears in 1 contract

Samples: Merger Agreement (Tangoe Inc)

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Surrender of Certificates; Payment. On or before the applicable Redemption Call Date, each holder of shares of Series C B Preferred Stock to be redeemed on such Redemption Call Date, unless such holder has exercised his, her or its right to convert such shares as provided in Section 5 hereofabove, shall surrender the certificate or certificates (or deliver an affidavit of loss and indemnity agreement for such certificates) representing such shares to the CompanyCorporation, in the manner and at the place designated in the applicable notice (or at the Company’s principal business offices, if not so noted)Call Notice, and thereupon the Applicable Redemption Call 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, and each surrendered certificate shall be cancelled canceled and retired. In the event less than all of the shares of Series C B Preferred Stock represented by a certificate are redeemed, a new certificate representing the unredeemed shares of Series C B Preferred Stock shall promptly be issued to such holder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mti Technology Corp)

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