Examples of Series AA-3 Preferred Stock in a sentence
So long as any Series AA-3 Preferred Stock are issued and outstanding, the Company shall not issue any Senior Securities or Parity Securities without the approval of the Majority Holders.
Provided however, the Company shall not issue any shares of common stock below the Conversion Price Floor without the consent of the Holders of a majority of the outstanding Series AA-3 Preferred Stock voting as a separate class.
The aggregate number of Conversion Shares which the Company shall issue upon conversion of the Series AA-3 Preferred Stock (whether pursuant to Section 6(a) or 6(b)) will be equal to the number of shares of Series AA-3 Preferred Stock to be converted, multiplied by the Stated Value, divided by the Conversion Price in effect at the time of the conversion.
No fractional shares or scrip representing fractional shares shall be issued upon the conversion of or as dividends on the Series AA-3 Preferred Stock.
If at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then-outstanding shares of Series AA-3 Preferred Stock (taking into account the adjustments and restrictions of Section 7), and payment of the PIK Shares, the Company shall take such corporate action as may be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purposes.
Except as expressly provided herein, no provision of this Certificate of Designations shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay accrued dividends, as applicable, on the shares of Series AA-3 Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
The Company shall (A) deliver (or cause to be delivered) to the converting Holder who has converted less than all of such Holder’s Certificated Series AA-3 Preferred Stock (1) a certificate or certificates, of like tenor, for the number of shares of Series AA-3 Preferred Stock evidenced by any surrendered certificate or certificates less the number of shares of Series AA-3 Preferred Stock converted.
The Company agrees to maintain a transfer agent that is a participant in the DTC’s FAST program so long as any shares of Series AA-3 Preferred Stock remain outstanding.
The limitations contained in this Section 6(e) shall apply to a successor holder of Series AA-3 Preferred Stock.
The Series AA-3 Preferred Stock shall not be redeemed for cash and under no circumstances shall the Company be required to net cash settle the Series AA-3 Preferred Stock.