Examples of Series B Financing in a sentence
The Company has all requisite corporate power and authority and any government consents and approvals to (i) own and operate its properties and assets, (ii) execute and deliver this Agreement, (iii) issue and sell the Series B Preferred Shares, (iv) carry out the provisions of this Agreement, the Series B Financing Agreements (as such term is defined in the May 2017 SPA) and the Charter and (v) carry on its business as presently conducted.
Such Purchaser acknowledges and agrees that the Purchased Series B Shares are subject to restrictions on transfer as set forth in the Series B Financing Agreements.
The Company shall have completed the Series B Financing on terms and conditions satisfactory to Cryogen.
Of particular relevance here, View purported to ratify the Series B Financing that the JAMS arbitrator had ruled was void and invalid, and built off of that to ratify all subsequent financing rounds View had undertaken throughout the pendency of the JAMS Arbitration.14Through the termination of the Voting Agreement, View reconstituted its Board from a five-member to an eleven-member Board, removing Nguyen from the Board in the process.
Therefore, at the time the defective corporate acts at issue here were taken, the Company did not have the power to take these acts because its majority common stockholder had declined to approve them.What occurred when Nguyen revoked his consent to the Series B Financing was much more than a mere “failure of authorization” as contemplated by Section 204.