Examples of Preferred Stock COD in a sentence
Reference is also made to the Certificates of Designations (the “Series C Preferred Stock COD”) governing the Series C Convertible Preferred Stock (the “Series C Preferred Shares”) and the Certificate of Designations (the “Series D Preferred Stock COD”, and together with the Series C Preferred Stock COD, the “CODs” and each, a “COD”) governing the Series D Convertible Preferred Stock (the “Series D Preferred Shares,” and together with the Series C Preferred Shares, the “Preferred Shares”).
Pursuant to Section 9(a) of each of the CODs (collectively, the “Antidilution Provisions”), upon any issuance by the Company of shares of Common Stock in which the New Issuance Price is less than the price equal to the Conversion Price in effect immediately prior to such issuance, the Conversion Price(s) then in effect under each of the Series C Preferred Stock COD and Series D Preferred Stock COD shall be reduced to an amount equal to the New Issuance Price.
CHCL hereby waives (i) any anti-dilution exercise price adjustment right that it may have under the Series C Warrants, the Series D Warrants and the Series E Warrant No. W-1, (ii) any anti-dilution conversion price adjustment right that it may have under the Bridge Note, the Series C Preferred Stock COD and the Term Loan Agreement, and (iii) any consent right that it may have under the Term Loan Agreement, in each case solely in connection with the Offering, subject to the proviso below in this Section 2.
The Backstop Parties shall have received evidence reasonably satisfactory to the Backstop Parties that the Company has properly filed the Preferred Stock COD with the office of the Secretary of State of the State of Delaware.
By the Execution Date, the Company shall have obtained all required approvals regarding, and shall have filed the Preferred Stock COD with the State of Delaware, in the form attached hereto as Exhibit E.
Evidence of the due filing and effectiveness of the Preferred Stock COD with the Secretary of State of the State of Washington.