Examples of Prior Preferred Stock in a sentence
Upon closing of the transactions contemplated hereby, the Company will not have outstanding any shares of Prior Preferred Stock or any Prior Warrants and will have outstanding 210,469 shares of Series E Preferred Stock and Series E Warrants to purchase up to 3,750 additional shares of Series E Preferred Stock.
The process of failure manifestation can therefore be succinctly represented as a behavior chain [31] as follows: fault error failure.
All holders of any shares of Prior Preferred Stock and all holders of any Prior Warrants shall be signatories hereto and shall participate in the redemption and exchange transactions contemplated hereby, such that upon closing hereunder no shares of Prior Preferred Stock and no Prior Warrants shall remain outstanding or be issuable by the Company.
The Participating Investor has the unrestricted power and authority to transfer its shares of Prior Preferred Stock to the Company.
Upon delivery to the Company of the stock certificates representing its shares of Prior Preferred Stock and/or Prior Warrants, as the case may be, and upon the Closing of the redemptions and/or exchanges set forth herein, the Company shall acquire good and valid title to such shares of Prior Preferred Stock and/or Prior Warrants, as the case may be, free and clear of all liens, charges, pledges, claims, restrictions on transfer, mortgages, security interests or encumbrances of any kind whatsoever.
Such amendment and restatement is effective upon the execution of this Agreement by the Company and the holders of a majority of the Prior Preferred Stock held by the Prior Investors outstanding as of the date of this Agreement.
The Participating Investor acknowledges that it has had an opportunity to review the provisions of the Series E Certificate of Designations and understands the differences in rights, preferences, privileges and restrictions between the shares of Prior Preferred Stock and Series E Preferred Stock.
At the Initial Closing, the Company shall deliver to each such Investor a certificate registered in such Investor’s name, representing the number and type of shares of Common Stock that such Investor is entitled to as a result of such conversion, and each such Investor shall surrender to the Company for cancellation any certificates registered in such Investor’s name representing the shares of Prior Preferred Stock such Investor has elected to convert.
Unless and until all such deficiencies shall have been made good, no dividends shall be declared or paid and no other payment or distribution shall be made on stock ranking junior to the Cumulative Prior Preferred Stock with respect to the payment of dividends, and no such stock shall be purchased, redeemed or otherwise acquired for value by the Corporation.
The 7% Prior Preferred Stock shall entitle the holders thereof to cumulative dividends thereon at the rate of, but not exceeding, 7 per centum, per annum, payable out of the net earnings of the Corporation quarter-yearly on the first day of February, May, August, and November in each year.