Use of Acquired Shares. Notwithstanding the foregoing, the Corporation shall be entitled to deliver upon conversion of shares of Designated Stock, as herein provided, shares of Common Stock acquired by the Corporation (in lieu of the issuance of authorized and unissued shares of Common Stock), so long as any such acquired shares are free and clear of all liens, charges, security interests or encumbrances (other than liens, charges, security interests and other encumbrances created by the Holders).
Appears in 6 contracts
Samples: Exchange Agreement (Broadway Financial Corp \De\), Exchange Agreement, Exchange Agreement (Citigroup Inc)
Use of Acquired Shares. Notwithstanding the foregoing, the The Corporation shall be entitled to deliver upon conversion of shares of Designated Series B Preferred Stock, as herein provided, shares of Common Stock acquired by the Corporation (in lieu of the issuance of authorized and unissued shares of Common Stock), so long as any such acquired shares are free and clear of all liens, charges, security interests or encumbrances (other than liens, charges, security interests and other encumbrances created by the Holdersholders of the Series B Preferred Stock).
Appears in 4 contracts
Samples: Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/)
Use of Acquired Shares. Notwithstanding the foregoing, the Corporation Company shall be entitled to deliver upon conversion of shares of Designated Convertible Preferred Stock, as herein provided, shares of Common Stock acquired by the Corporation Company (in lieu of the issuance of authorized and unissued shares of Common Stock), so long as any such acquired shares are free and clear of all liens, charges, security interests or encumbrances (other than liens, charges, security interests and other encumbrances created by the Holders).
Appears in 3 contracts
Samples: Asset Purchase Agreement (Marshall Edwards Inc), Investment Agreement (Dow Chemical Co /De/), Investment Agreement (Dow Chemical Co /De/)
Use of Acquired Shares. Notwithstanding the foregoing, the Corporation Company shall be entitled to deliver upon conversion of shares of Designated Series B Preferred Stock, as herein provided, shares of Common Stock acquired by the Corporation Company and held as treasury shares (in lieu of the issuance of authorized and unissued shares of Common Stock), so long as any such acquired shares are free and clear of all liens, charges, security interests or encumbrances (other than liens, charges, security interests and other encumbrances created by the Holders).
Appears in 1 contract
Samples: Subscription and Purchase Agreement (Macatawa Bank Corp)
Use of Acquired Shares. Notwithstanding the foregoing, the Corporation corporation shall be entitled to deliver upon conversion of shares of Designated StockSeries A Preferred, as herein provided, shares of Common Stock acquired by the Corporation corporation and held as treasury shares (in lieu of the issuance of authorized and unissued shares of Common Stock), so long as any such acquired shares are free and clear of all liens, charges, security interests or encumbrances (other than liens, charges, security interests and other encumbrances created by the Holders).
Appears in 1 contract
Samples: Securities Purchase Agreement (Taylor Capital Group Inc)
Use of Acquired Shares. Notwithstanding the foregoing, the Corporation Company shall be entitled to deliver upon conversion of shares of Designated Convertible Preferred Stock, as herein provided, shares of Common Stock acquired by the Corporation Company and held as treasury shares (in lieu of the issuance of authorized and unissued shares of Common Stock), so long as any such acquired shares are free and clear of all liens, charges, security interests or encumbrances (other than liens, charges, security interests and other encumbrances created by the Holders).
Appears in 1 contract
Samples: Securities Purchase Agreement (Taylor Capital Group Inc)
Use of Acquired Shares. Notwithstanding the foregoing, the Corporation shall be entitled to deliver upon conversion of shares of Designated StockSeries C Preferred, as herein provided, shares of Common Stock acquired by the Corporation and held as treasury shares (in lieu of the issuance of authorized and unissued shares of Common Stock), so long as any such acquired shares are free and clear of all liens, charges, security interests or encumbrances (other than liens, charges, security interests and other encumbrances created by the Holders).
Appears in 1 contract
Samples: Securities Purchase Agreement (Taylor Capital Group Inc)
Use of Acquired Shares. Notwithstanding the foregoing, the Corporation shall be entitled to deliver upon conversion of shares of Designated Series F Preferred Stock, as herein provided, shares of Common Stock acquired by the Corporation and held as treasury shares (in lieu of the issuance of authorized and unissued shares of Common Stock), so long as any such acquired shares are free and clear of all liens, charges, security interests or encumbrances (other than liens, charges, security interests and other encumbrances created by the Holders).
Appears in 1 contract
