Examples of NVCE Stock in a sentence
The Series D NVCE Stock shall be perpetual, unless converted in accordance with this Certificate of Designations.
Notwithstanding anything set forth in the Charter or this Certificate of Designations to the contrary, the Board or any authorized committee of the Board, without the vote of the Holders, may increase or decrease the number of authorized shares of Series D NVCE Stock or other stock ranking junior or senior to, or on parity with, the Series D NVCE Stock as to dividends and the distribution of assets upon any voluntary or involuntary liquidation, dissolution or winding up of the affairs of the Corporation.
All shares of Series D NVCE Stock shall be evidenced by book-entry on the record books maintained by the Corporation or its transfer agent.
All shares of Common Stock which may be issued upon conversion of the shares of Series D NVCE Stock will, upon issuance by the Corporation, be duly authorized, validly issued, fully paid andnon-assessable, free and clear of all Liens (other than transfer restrictions imposed under applicable securities Laws) and not issued in violation of any preemptive right or Law.
Subject to the limitations imposed herein, the Corporation may purchase and sell shares of Series D NVCE Stock from time to time to such extent, in such manner, and upon such terms as the Board or any duly authorized committee of the Board may determine; provided that any repurchase of shares of Series D NVCE Stock by the Corporation shall require prior approval of the Board to the extent otherwise required by law or regulation.
The shares of Series D NVCE Stock shall have no preemptive or subscription rights.
To the extent the Corporation declares dividends or distributions on the Series D NVCE Stock and on any Common Stock but does not make full payment of such declared dividends or distributions, the Corporation will allocate the dividend payments on a pro rata basis among the holders of the shares of Series D NVCE Stock and the holders of any Common Stock then outstanding.
A new warrant evidencing the remaining shares of NVCE Stock covered by such Warrant, but not yet subscribed for and purchased, if any, should be issued in the name set forth below.
Holders shall not be entitled to any dividends or distributions, whether payable in cash, securities or other property, other than dividends or distributions (if any) declared and payable on shares of Series D NVCE Stock as specified in this Certificate of Designations.
Notwithstanding any provision in this Section IV(a) to the contrary, no Holder of a share of Series D NVCE Stock shall be entitled to receive any dividend or distribution made with respect to the Common Stock where the Record Date for determination of holders of Common Stock entitled to receive such dividend or distribution occurs prior to the date of issuance of such share of Series D NVCE Stock.