Voting Preferred Stock. The Company shall promptly provide the holder hereof with any restatement, amendment, modification or waiver of the Charter promptly after the same has been made.
Voting Preferred Stock. The Board of Directors is hereby expressly authorized to adopt amendments to the Articles of Incorporation to provide for the issuance of one or more series of Voting Preferred Stock, to establish from time to time the number of shares to be included in each such series, to fix the designation, powers, preferences and rights of the shares of each such series and any qualifications, limitations or restrictions thereof, including without limitation the following, and the shares of each series may vary from the shares of any other series in the following respects:
Voting Preferred Stock. The number of shares of Non-Voting Preferred Stock to be delivered shall be determined by dividing the amount of the prepayment penalty by the then applicable Conversion Price.
Voting Preferred Stock. For additional information regarding the issuances of those shares of common stock and Series H Convertible Preferred Stock, see “[_____]” above. We are registering the shares of common stock in order to permit the selling stockholders to offer the shares for resale from time to time. Except for the ownership of the shares of common stock, warrants to purchase common stock and the Series H Convertible Preferred Stock, the selling stockholders have not had any material relationship with us within the past three years. The table below lists the selling stockholders and other information regarding the beneficial ownership of the shares of common stock by each of the selling stockholders. The second column lists the number of shares of common stock beneficially owned by each selling shareholder, based on its ownership of the shares of common stock and Series H Convertible Preferred Stock, as of ________, 20__, assuming conversion of the Series H Convertible Preferred Stock held by the selling stockholders on that date, without regard to any limitations on conversions. The third column lists the shares of common stock being offered by this prospectus by the selling stockholders. In accordance with the terms of a registration rights agreement with the selling stockholders, this prospectus generally covers the resale of the maximum number of shares of common stock issuable upon conversion of the related Series H Convertible Preferred Stock, determined as if the outstanding Series H Convertible Preferred Stock were converted in full as of the trading day immediately preceding the date this registration statement was initially filed with the SEC, each as of the trading day immediately preceding the applicable date of determination and all subject to adjustment as provided in the registration right agreement, without regard to any limitations on the exercise of the Series H Convertible Preferred Stock. The fourth column assumes the sale of all of the shares offered by the selling stockholders pursuant to this prospectus. Pursuant to the Certificate of Designation of the Series H Convertible Preferred Stock, a selling shareholder may not convert shares of the Series H Convertible Preferred Stock to the extent such conversion would cause such selling shareholder, together with its affiliates and attribution parties, to beneficially own a number of shares of common stock which would exceed 4.99% or 9.99% of our then outstanding common stock following such conversion, e...
Voting Preferred Stock. Concurrently with the issuance of the Warrants to each Investor on the date hereof, such Investor shall be entitled to receive from the Company, and the Company shall issue to each such Investor in the amounts set forth on Schedule I, shares of Series C Voting Preferred Stock having such designations, preferences, limitations, and relative rights, including voting rights, as shall be stated and expressed in a resolution providing for the issue of such Series C Voting Preferred Stock adopted by the Board and filed with the Secretary of State of the State of Texas in a certificate of designations, substantially in the form of Exhibit D hereto.
Voting Preferred Stock. Purchaser has obtained all consents, approvals and authorizations, and provided all notifications, necessary to permit (i) the issuance, transfer, conveyance and delivery of the Voting Preferred Stock to Seller as contemplated by Section 1.2 hereof, and (ii) the execution, delivery and performance of that certain Subscription Agreement, dated April 17, 2000, by and between Purchaser and Seller, and that certain Registration Rights Agreement by and between Purchaser and Seller to be executed at Closing.
Voting Preferred Stock. The Corporation may deem and treat the registered Holder of shares of Series A Non-Voting Preferred Stock as the absolute owner thereof for the purpose of any conversion thereof and for all other purposes. The Corporation shall keep the register open and available at all times during business hours for inspection by any holder of Series A Non-Voting Preferred Stock or his, her or its legal representatives.
