Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Stock may be waived, either prospectively or retroactively and either generally or in a particular instance, by the consent or vote of the holders of more than two-thirds (2/3) of the outstanding shares of such series. Any such waiver shall bind all future holders of shares of such series of Preferred Stock.
Appears in 8 contracts
Samples: Master Closing Agreement, Loan and Security Agreement, Loan and Security Agreement (Fluidigm Corp)
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Stock may be waived, either prospectively or retroactively and either generally or in a particular instance, waived by the consent or vote of the holders of more than two-thirds (2/3) the majority of the outstanding shares of such seriesseries either before or after the issuance causing the adjustment. Any such waiver shall bind all future holders of shares of such series of Preferred Stock.
Appears in 4 contracts
Samples: Form 1 a/A, Business Financing Agreement (Rimini Street, Inc.), Business Financing Agreement (Rimini Street, Inc.)
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Stock may be waived, either prospectively or retroactively and either generally or in a particular instance, waived by the consent or vote of the holders of more than two-thirds (2/3) the majority of the outstanding shares of such series. Any such waiver shall bind all future holders of shares of such series of Preferred Stockeither before or after the issuance causing the adjustment.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Central Iowa Energy, LLC), Merger Agreement (Blackhawk Biofuels, LLC), Agreement and Plan of Merger (Blackhawk Biofuels, LLC)
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Stock may be waived, either prospectively or retroactively and either generally or in a particular instance, waived by the consent or vote of the holders of more than two-thirds (2/3) of the outstanding shares of such series. Any such waiver shall bind all future holders of shares of such series of Preferred Stock.
Appears in 3 contracts
Samples: Series E Preferred Stock Purchase Agreement (Fluidigm Corp), Series E Preferred Stock Purchase Agreement (Fluidigm Corp), Series E Preferred Stock Purchase Agreement (Fluidigm Corp)
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Stock may be waived, either prospectively or retroactively and either generally or in a particular instance, waived by the consent or vote of the holders of more than two-thirds (( 2/3) of the outstanding shares of such series. Any such waiver shall bind all future holders of shares of such series of Preferred Stock.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Fluidigm Corp), Series E Preferred Stock Purchase Agreement (Fluidigm Corp)
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Stock may be waived, either prospectively or retroactively and either generally or in a particular instance, by the consent or vote of the holders Holders of more than two-thirds (2/3) a majority of the outstanding shares of such seriesseries of Preferred Stock, voting separately as a class. Any such waiver shall bind all current and future holders Holders of shares of such series of Preferred Stock.
Appears in 1 contract
Samples: Plan of Reorganization and Asset Purchase Agreement (Petron Energy II, Inc.)
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Stock may be waived, either prospectively or retroactively and either generally or in a particular instance, by the consent or vote of the holders of more than two-thirds (2/3) a majority of the outstanding shares of such seriesthe Series A Convertible Preferred Stock. Any such waiver shall bind all future holders of shares of such series of Series A Convertible Preferred Stock.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Vision Global Solutions Inc)
Waiver of Adjustment of Conversion Price. Notwithstanding anything herein to the contrary, any downward adjustment of the Conversion Price of any series of Preferred Stock may be waived, either prospectively or retroactively and either generally or in a particular instance, waived by the consent or vote of the holders of more than two-thirds (2/3) at least 60% of the outstanding shares of the Preferred Stock entitled to vote either before or within thirty (30) days after the issuance causing the adjustment; provided, that in each case, such serieswaiver does not affect the Series AA Preferred Stock in a manner different than the Series A Preferred Stock. Any such waiver shall bind all future holders of shares of such series of Preferred Stock.
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