Examples of Series A Exchangeable Preferred Stock in a sentence
All certificates evidencing shares of Series A Exchangeable Preferred Stock that are required to be surrendered for Exchange in accordance with the provisions hereof, from and after the Mandatory Exchange Date, shall be deemed to have been retired and cancelled, notwithstanding the failure of the holder or holders thereof to surrender such certificates on or prior to such date.
The Corporation will take all such action as may be so taken without violation of any applicable law or regulation, or of any requirement of any national securities exchange upon which the Common Stock may be listed to have a sufficient number of authorized but unissued shares of Common Stock to issue upon exchange of the Series A Exchangeable Preferred Stock.
The Corporation will not take any action which results in any adjustment of the exchange rights if the total number of shares of Common Stock issued and issuable after such action upon exchange of the Series A Exchangeable Preferred Stock would exceed the total number of shares of Common Stock then authorized by the Corporation's Certificate of Incorporation.
The right to exchange shares of Series A Exchangeable Preferred Stock shall be pro-rated among the original purchasers of such shares or their respective subsequent transferees, if any, in order to comply with the aforesaid overall limitation.
The Corporation may deem the person in whose name the Series A Exchangeable Preferred Stock shall be registered upon the registry books of the Corporation to be, and may treat it as, the absolute owner of the Series A Exchangeable Preferred Stock for the purpose of exchange of the Series A Exchangeable Preferred Stock and for all other purposes, and the Corporation shall not be affected by any notice to the contrary.
To the extent required by applicable law, the Corporation may withhold amounts for or on account of any taxes imposed or levied by or on behalf of any taxing authority in the United States having jurisdiction over the Corporation from any payments made pursuant to the Series A Exchangeable Preferred Stock.
The Corporation will at no time close its transfer books against the transfer of any Series A Exchangeable Preferred Stock or of any shares of Common Stock issued or issuable upon the exchange of any shares of Series A Exchangeable Preferred Stock in any manner which interferes with the timely exchange of such Series A Exchangeable Preferred Stock, except as may otherwise be required to comply with applicable securities laws.
The Exchange Notice shall include therein the Stated Value of shares of Series A Exchangeable Preferred Stock to be Exchanged, and a calculation, if applicable, (i) of the Market Price, (ii) the Exchange Price, and (iii) the number of shares of Common Stock to be issued in connection with such Exchange.
The Corporation shall provide each holder of record of the Series A Exchangeable Preferred Stock being redeemed with written notice of redemption (the "Redemption Notice") not less than 10 days prior to any date stipulated by the Corporation for the redemption of the Series A Exchangeable Preferred Stock (the "Redemption Date").
Shares of Series A Exchangeable Preferred Stock which are exchanged for shares of Common Stock as provided herein shall not be reissued.