Examples of Company Series H Preferred Stock in a sentence
Parent shall have delivered evidence satisfactory to Parent of the exercise or cancellation of all Company Options to purchase Company Common Stock or Company Series H Preferred Stock.
Parent shall have received from Company Stockholders holding at least ninety-three percent (93%) of the aggregate Company Series H Preferred Stock and Series I Preferred Stock a Letter of Transmittal, Release, Waiver of Notice, Stockholders Consent and Accredited Investor’s Questionnaire in the form of Exhibit D attached hereto indicating that as of the Effective Time such holder is an Accredited Investor.
Solely for purposes of Section 2.3, the Series H Option Shares shall be deemed outstanding shares of Company Series H Preferred Stock when determining the total outstanding Company Series H Preferred Stock.
Immediately prior to the Closing, no shares of Company Series A Preferred Stock, no shares of Company Series B Preferred Stock, no shares of Company Series C Preferred Stock, no shares of Company Series D Preferred Stock, 500 shares of Company Series E Preferred Stock, no shares of Company Series F Preferred Stock, 10,775 shares of Company Series G Preferred Stock, and 5,000 shares of Company Series H Preferred Stock will be issued and outstanding.
Except as set forth above and for shares of Company Common Stock that are reserved for issuance (i) pursuant to the Company's 2003 Stock Option Plan, (ii) upon conversion of the outstanding shares of Company Series E Preferred Stock, Company Series G Preferred Stock and Company Series H Preferred Stock, and (iii) upon exercise of the Company Warrants, as of the date hereof, no shares of capital stock or other voting securities of the Company are issued, reserved for issuance or outstanding.
At least ninety-three percent (93%) of the aggregate shares of Company Series H Preferred Stock and Series I Preferred Stock shall have approved and consent to this Agreement and the Merger.
By: Name: Title: [•] By: Name: Title: Schedule 1 Stockholder Company Common Stock Company Series A-1 Preferred Stock Company Series A-2 Preferred Stock Company Series B Preferred Stock Company Series C-1 Preferred Stock Company Series C-2 Preferred Stock Company Series E Preferred Stock Company Series F Preferred Stock Company Series G Preferred Stock Company Series H Preferred Stock Exhibit A WRITTEN CONSENT IN LIEU OF A MEETING OF STOCKHOLDERS OF TOPGOLF INTERNATIONAL, INC.