Examples of Series A Preferred Certificate of Designation in a sentence
Effective as of the date hereof and continuing through and after the Merger Closing or the Exchange Closing, as applicable, the five percent (5%) limitation set forth in Section 6.1(b) of the Series A Preferred Certificate of Designation which limits the right of the holder to convert the Preferred Shares into Common Stock shall be deemed to be a ten percent (10%) limitation.
The Company has the requisite corporate power and authority to file and perform its obligations under the Series A Preferred Certificate of Designation, and either the Series A-1 Certificate of Designation and the Series A-1-A Certificate of Designation and to enter into this Agreement, the Letter Agreement, the New 375,000 Share Warrant and the 250,000 Share Warrant (collectively, the "Documents"), and to perform all of its obligations hereunder and thereunder.
In the event of liquidation of the Company, holders of Series A Preferred not previously converted to common stock shall rank equal with the Series B Convertible Preferred Stock ("Series B Preferred") and shall be entitled to receive $1.1138 per share, subject to adjustment as described in the Series A Preferred Certificate of Designation, plus an amount equal to all declared but unpaid dividends, in preference to the holders of common stock.
Shaar hereby waives all notice provisions with respect to such redemption set forth in the Corrected Certificate of Designation covering the Preferred Shares (the "Series A Preferred Certificate of Designation") to the extent such provisions differ from the provisions set forth herein.
Dividends shall accrue on each share of Intermediate HoldCo Series A Preferred as provided in the Intermediate HoldCo Series A Preferred Certificate of Designation as amended from time to time (the “Intermediate HoldCo Certificate of Designation”).
In the event of liquidation of the Company, holders of Series A Preferred not previously converted to common stock shall rank equal with the Series B Convertible Preferred Stock ("Series B Preferred) and shall be entitled to receive $1.1138 per share, subject to adjustment as described in the Series A Preferred Certificate of Designation, plus an amount equal to all declared but unpaid dividends, in preference to the holders of common stock.
The Series A Preferred Certificate of Designation, the Series A Exchangeable Preferred Certificate of Designation and the Certificate of Elimination shall have been duly filed with the Secretary of State of the State of Delaware and satisfactory evidence of such filings shall have been delivered to such Purchaser.