Examples of Amended and Restated Certificate of Designations in a sentence
As of the date hereof, this Second Amended and Restated Certificate of Designation shall amend, and restate as amended, the Amended and Restated Certificate of Designation, but shall not constitute a novation thereof or in any way impair or otherwise affect the rights or obligations of the parties under the Amended and Restated Certificate of Designation except as such rights or obligations are amended and restated by this Second Amended and Restated Certificate of Designations.
I have executed and subscribed this Amended and Restated Certificate of Designations and do affirm the foregoing as true under the penalties of perjury this ______ day of March, 1998.
On the Effective Date, Orion shall adopt and file with the Secretary of State of the State of Delaware the Amended and Restated Certificate of Designations of the Series B Preferred Stock (the “Certificate of Designations”) in the form attached hereto as EXHIBIT 6.15.
FOURTH: That said Amended and Restated Certificate of Designations has been duly adopted in accordance with the provisions of Section 151 of the General Corporation Law of the State of Delaware.
This Notice of Conversion is executed by the undersigned holder (the “Holder”) in connection with the conversion of shares of the Series A Cumulative Convertible Preferred Stock of Xxxxxxx Motion Inc., a Delaware corporation (the “Corporation”), pursuant to the terms and conditions of that certain Amended and Restated Certificate of Designations of Series A Cumulative Convertible Preferred Stock of Xxxxxxx Motion Inc.
Subject to the receipt of the Stockholder Approval, all of the Conversion Securities to be issued to the holders of Series A Preferred Stock upon Conversion have been duly authorized for issuance and, when issued in accordance with this Agreement and the Amended and Restated Certificate of Designations, the Conversion Securities will be validly issued, fully paid and non-assessable.
Theaggregate liability of the Sure Sellers was capped at the amount of consideration paid by Lakehouse Contracts to the Sure Sellers at the date of settlement.
Investor is the holder of 2,693 shares of Series C Redeemable Convertible Preferred Stock (“C Preferred”) convertible into shares of Common Stock of Company (“Common Stock”) pursuant to an Amended and Restated Certificate of Designations of Preferences, Powers, Rights and Limitations of Series C Redeemable Convertible Preferred Stock filed by the Company with the Secretary of State of Nevada on July 8, 2019 (as amended to date, “C Certificate”).
Pursuant to Section I.F.2 of the Fifth Amended and Restated Certificate of Designations of Preferences, Powers, Rights and Limitations of Series C Redeemable Convertible Preferred Stock (“Certificate”), Camber may make an Early Redemption even though multiple Trigger Events have occurred, provided that any and all Notes payable to Investor or any of its affiliates have been paid in full and no part of any such Notes remains outstanding.
Subject to the satisfaction or waiver of the conditions set forth in Section 5 hereof, the Company shall cause to be filed with the Secretary of State of the State of Delaware the Amended and Restated Certificate of Designations, and the Special PIK Dividend and Conversion shall become effective at such time as may be specified in the Amended and Restated Certificate of Designations (the “Effective Time”).