Examples of Series B Documents in a sentence
The execution and delivery by the Company of this Agreement and each of the other Series B Documents and the performance by the Company of its obligations set forth in Article V require no action by or in respect of, or filing with any governmental body agency or official by the Company (other than as specifically contemplated by Article V).
This Agreement and each of the other Series B Documents each constitute, or will constitute upon execution, a valid and binding agreement of the Company, enforceable against the Company in accordance with their respective terms.
The execution, delivery and performance by the Company of this Agreement and the other Series B Documents and the consummation by the Company of the transactions contemplated hereby and thereby are within the Company's corporate powers and have been duly authorized by all necessary corporate action on the part of Company.
If under any circumstances whatsoever, interest in excess of the Maximum Rate is paid by the Company to any Holder with respect to indebtedness evidenced by the Series B Documents, such excess shall be applied by such Holder to the unpaid principal balance of any such indebtedness or be refunded to the Company, the manner of handling such excess to be at such Holder's election.
Beacon as a purchaser of ----------------------------------- Intek securities requires execution and delivery of the Shareholders Agreement, the Beacon Registration Agreement, the Registration Rights Agreement, and the Amended and Restated Certificate of Incorporation of Intek (the "Series B Documents").
The Company shall honor exercises of the New Warrants and conversions of the Shares and shall deliver underlying Common Stock in accordance with the terms, conditions and time periods set forth in the Series B Documents or Certificate of Designations, as applicable.
This Agreement and the other Series B Documents (and the Series D Agreement and related Transaction Documents) constitute the entire agreement and understanding between the parties hereto and supersede any and all prior agreements and understandings, written or oral, relating to the subject matter of the Series B Documents.
In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Holders and the Company will be entitled to specific performance under the Series B Documents without posting any bond or other security.
Except for the fees and expenses to be paid by the Company pursuant to the terms of this Agreement and the Series D Agreement, there is no investment banker, broker, finder or other intermediary which has been retained by such Holder who is or will be entitled to any fee or commission from the Company arising from consummation of the transactions contemplated by this Agreement and the other Series B Documents.
The Company further acknowledges that, subject to the satisfaction by the Holders of their obligations under the Series B Documents, the Company's obligations under the Series B Documents, including without limitation its obligation to issue the Warrant Securities pursuant to the Series B Documents, are unconditional and absolute and not subject to any right of set off, counterclaim, delay or reduction, regardless of the effect of any such dilution or any claim that the Company may have against any Holder.