Examples of Second Round Securities in a sentence
If the number or amount of Second Round Securities is less than the number or amount desired to be taken up by Second Round Subscribers, the Second Round Securities shall be allocated among the Second Round Subscribers on a pro rata basis (such that all the Second Round Securities are allocated) according to their respective Proportionate Interests (rounded, as appropriate, to the nearest whole number).
The reduction will occur immediately after, but only when and if, (i) the holders of a majority of Path 1’s voting stock and the holders of a majority of Path 1’s 7% Convertible Preferred Stock approve the issuance of the Second Round Securities, after receipt of the proxy statement, and (ii) the Second Round Securities are actually sold.
The Company shall not grant to any third party any registration rights that are more favorable than, inconsistent with, or equivalent to any of those contained herein, so long as any of the registration rights under this Agreement remains in effect, except that the Company may grant to any third party who purchases from the Company Second Round Securities (as defined in the Stock Purchase Agreement) registration rights that are equivalent to any or all of those contained herein.
The parties contemplate that within eighteen (18) months following the Closing the Company expects to raise additional funds through the issuance of capital stock in the form of Series B Convertible Preferred Stock or other capital stock or securities convertible into capital stock of the Company (the "Second Round Securities") having such rights and privileges as shall be negotiated with the purchasers thereof.
They will still be able to participate in the Second Round Securities placement; but that participation would be by voluntary mutual agreement, rather than by preemptive rights contractual compulsion.
Please note, some of the Purchasers are expected to be purchasers of Second Round Securities, other than by virtue of their contractual preemptive rights.
This letter does not solicit your approval of the issuance of the Second Round Securities or your approval of any of the other related items which will be covered in the proxy statement, nor does it solicit a proxy of any kind; and if you countersign and return this letter to us it will not constitute a written consent or proxy for those matters.
In the event that not all Second Round Securities are taken up and purchased by the Qualified Major Stockholders, the Corporation may issue such Second Round Securities not so subscribed for at a price not less than that set out in the Offer Notice to such Persons as the Board may determine in its discretion, subject to compliance with Section 4.13.
The aggregate gross proceeds to the Company from the issuance of the Second Round Securities shall not exceed $30,000,000.
Agree, in consideration of similar agreements by the participants in the Second Round Securities placement, that whether or not then prohibited by law or regulation, you shall not, before the later of the day the Second Round Securities are first issued or the day the Second Round Securities’ resale Registration Statement is declared effective, directly, indirectly, publicly or privately sell (which term shallTo the Purchasers in the Path 1 Network Technologies Inc.