COES Preferred Shares definition

COES Preferred Shares means the shares of COES Convertible Preferred Stock purchased hereunder.
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Examples of COES Preferred Shares in a sentence

  • The COES Preferred Shares shall pay a 7% cumulative dividend, payable in cash or CXI Common Stock at the Conversion Price, at the discretion of the Parent Company, at the time of each conversion.

  • Conversion of the COES Preferred Shares to CXI Common Stock may be exercised in whole or in part by Purchaser telecopying an executed and completed Notice of Conversion (in the form annexed hereto as Exhibit D) to counsel for the Parent Company, with a copy to the Parent Company and Subsidiary Company, and delivering the original Notice of Conversion and the certificate representing the COES Preferred Shares to counsel by hand or by express courier within three (3) business days of exercise.

  • If the Parent Company elects to redeem some, but not all, of the COES Preferred Shares, the Parent Company shall redeem the COES Preferred Shares pro rata among the Holders of all the COES Preferred Shares then outstanding.

  • All corporate action on the part of the Parent Company, its directors and stockholders necessary for the authorization, execution, delivery and performance of this Agreement by the Parent Company, the authorization, sale, issuance and delivery of the COES Preferred Shares and the performance of the Parent Company's obligations hereunder has been taken.

  • The Conversion Price for such COES Preferred Shares shall not be subject to a floor.

  • Purchaser is aware of the Parent Company's and Subsidiary Company's business affairs and financial conditions and has had access to and has acquired sufficient information about the Parent Company and the Subsidiary Company, including the COES and CXI SEC Reports, to reach an informed and knowledgeable decision to acquire the COES Preferred Shares.

  • Upon their issuance, transfer and delivery pursuant to this Agreement, the Securities will have been validly issued, fully paid and nonassessable and will be free of any liens or encumbrances; provided, however, that the COES Preferred Shares and COES Warrants are subject to restrictions on transfer under state and/or federal securities laws.

  • Subject to the terms and conditions of this Agreement, the Parent Company has authorized the sale and issuance of the COES Preferred Shares.

  • Purchaser further acknowledges and understands that the COES Preferred Shares and the COES Warrants may not be resold or otherwise transferred except in a transaction registered under the Securities Act and any applicable state securities laws or unless an exemption from such registration is available.

  • Such COES Preferred Shares shall thereafter become immediately convertible and the Conversion Price for such COES Preferred Shares shall be equal to 75% of the Average Closing Bid Price.

Related to COES Preferred Shares

  • Series E Preferred Shares means the Series E Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • Series D Preferred Shares means the Company’s series D preferred shares, par value US$0.00001 per share.

  • Series A Preferred Shares means the Series A Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • Series B Preferred Shares means the Series B Preferred Shares of the Company, par value US$0.0001 per share.

  • Series C Preferred Shares means the Company’s series C preferred shares, par value US$0.00001 per share.

  • Series F Preferred Shares means the Series F Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • Class A Preferred Shares shall have the meaning ascribed to it in Section 2.4(a).

  • New Preferred Stock means the Convertible Series A Preferred Stock and the Series B Preferred Stock.

  • Company Preferred Shares shall have the meaning set forth in Section 4.2(a).

  • Buyer Preferred Stock means the preferred stock, par value $0.001 per share, of Buyer.

  • Preferred Shares means shares of Series A Junior Participating Preferred Stock, par value $.01 per share, of the Company having the rights and preferences set forth in the Form of Certificate of Designations attached to this Agreement as Exhibit A.

  • Series Preferred means the Company’s presently authorized Series D Preferred Stock, and any stock into or for which such Series D Preferred Stock may hereafter be converted or exchanged, and after the automatic conversion of the Series D Preferred Stock to Common Stock shall mean the Company’s Common Stock, (b) the term “Date of Grant” shall mean July 31, 2002, and (c) the term “Other Warrants” shall mean any other warrants issued by the Company in connection with the transaction with respect to which this Warrant was issued, and any warrant issued upon transfer or partial exercise of or in lieu of this Warrant. The term “Warrant” as used herein shall be deemed to include Other Warrants unless the context clearly requires otherwise.

  • Series A-1 Preferred Shares means the Company’s series A-1 preferred shares, par value US$0.00001 per share.

  • Common Shares means the common shares in the capital of the Corporation;

  • Series A Preference Shares means the Series A Preference Shares of £0.05 each in the capital of the Company.

  • Series H Preferred Stock means the Corporation's Series H Convertible Preferred Stock, par value $0.004 per share.

  • Series B Preferred Stock means shares of the Company’s Series B Preferred Stock, par value $0.0001 per share.

  • Series E Preferred Stock means shares of the Company’s Series E Preferred Stock, par value $0.0001 per share.

  • Shares means the shares of Common Stock issued or issuable to each Purchaser pursuant to this Agreement.

  • Voting Preferred Stock means, with regard to any matter as to which the holders of Series T are entitled to vote as specified in Section 8 of this Certificate of Designations, any and all series of Preferred Stock (other than Series T) that rank equally with Series T either as to the payment of dividends or as to the distribution of assets upon liquidation, dissolution or winding up of the Corporation and upon which like voting rights have been conferred and are exercisable with respect to such matter.

  • Series D Preferred Stock means shares of the Company’s Series D Preferred Stock, par value $0.001 per share.

  • Existing Preferred Stock means, collectively, the outstanding shares of the Series E 6% Convertible Preferred Stock of the Corporation.

  • Series A Preferred Stock means shares of the Company’s Series A Preferred Stock, par value $0.0001 per share.

  • Series G Preferred Stock means the Corporation's Series G Convertible Preferred Stock, par value $0.004 per share.

  • Common Warrant Shares means the shares of Common Stock issuable upon exercise of the Common Warrants.

  • Series C Preferred Stock means shares of the Company’s Series C Preferred Stock, par value $0.001 per share.