COES Preferred Shares definition

COES Preferred Shares means the shares of COES Convertible Preferred Stock purchased hereunder.

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.

  • The Purchaser acknowledges that the Parent Company and Subsidiary Company has made available to the Purchaser all documents and information that it has requested relating to the Parent Company and the Subsidiary Company and has provided answers to all of its questions concerning the Parent Company and the Subsidiary Company, the COES Preferred Shares and the COES Warrants.

  • 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.

  • 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.

  • 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.

  • 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.

  • At the Purchaser's election, such liquidated damages may be paid in cash or may be added to the principal of the COES Preferred Shares for subsequent conversion purposes.

  • 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.

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).

  • Series B-2 Preferred Shares means the Company’s series B-2 preferred shares, par value US$0.00001 per share.

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

  • Purchaser Preferred Stock means the shares of preferred stock, par value $0.0001 per share, of the Purchaser.

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

  • Company Preferred Shares means, collectively, the Company Series A-1 Preferred Shares, the Company Series A-2 Preferred Shares, the Company Series B Preferred Shares, and the Company Undesignated Preferred Shares.

  • 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 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;

  • Class B Preferred Shares means class B preferred shares of Pembina;

  • 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 election or removal of a Preferred Stock Director (as defined in Section 8(b) below) or any other matter as to which the holders of Series E are entitled to vote as specified in Section 8 of this Certificate of Designations, any and all series of Preferred Stock (other than Series E) that rank equally with Series E 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.