Examples of Series B Stockholders in a sentence
Amended and Restated Stockholders’ Agreement, dated as of December 15, 2006, by and between the Corporation, the Investors, the Original Stockholders, the Series A Stockholders and the Series B Stockholders (each as defined therein), as amended by Amendment No. 1 thereto, dated as of February 22, 2007, Amendment No. 2 thereto, dated as of August 17, 2007, and Amendment No. 3 thereto, dated as of October , 2008.
The Series B Stockholders, the Series B-2 Stockholders, the Series A-1 Stockholders and MPM shall notify the Corporation in writing at least three (3) days prior to such mailing of the persons designated by them respectively pursuant to Section 4.2 above as nominees for election to the Board.
The Corporation shall provide the Series B Stockholders, the Series B-2 Stockholders, the Series A-1 Stockholders and MPM with at least twenty (20) days’ prior notice in writing of any intended mailing of notice to the Stockholders of a meeting at which directors are to be elected, and such notice shall include the names of the persons designated by the Corporation pursuant to this Section 4.
In the absence of any notice from the Series B Stockholders, the Series B-2 Stockholders, the Series A-1 Stockholders and MPM, the director(s) then serving and previously designated by the Series B Stockholders, the Series B-2 Stockholders, the Series A-1 Stockholders and MPM, as applicable, shall be renominated.
The Corporation shall provide the Series B Stockholders, the Series A-1 Stockholders and MPM with at least twenty (20) days’ prior notice in writing of any intended mailing of notice to the Stockholders of a meeting at which directors are to be elected, and such notice shall include the names of the persons designated by the Corporation pursuant to this Section 4.
The Series B Stockholders, the Series A-1 Stockholders and MPM shall notify the Corporation in writing at least three (3) days prior to such mailing of the persons designated by them respectively pursuant to Section 4.2 above as nominees for election to the Board.
In the absence of any notice from the Series B Stockholders, the Series A-1 Stockholders and MPM, the director(s) then serving and previously designated by the Series B Stockholders, the Series A-1 Stockholders and MPM, as applicable, shall be renominated.
The Corporation shall not issue, sell or exchange, agree to issue, sell or exchange, or reserve or set aside for issuance, sale or exchange, any Offered Securities, unless in each case the Corporation shall have first offered to sell to the Series B-2 Stockholders, the Series B Stockholders, the Series A-1 Stockholders, the Series A-2 Stockholders and the Series A-3 Stockholders (collectively, the “ROFR Stockholders”) all of such Offered Securities on the terms set forth herein.
Any provision of this Agreement may be amended by a written instrument signed by the Company and by the Series B Stockholders holding at least two-thirds (2/3) of the outstanding Registrable Securities then held by the Series B Stockholders.
For the avoidance of doubt, none of Parent or Merger Sub shall be obligated to pay any amount or be subject to any liability to any other Party with respect to the calculation of the Closing Net Working Capital and Closing Cash Amount as set forth in Section 1.17 or for any amounts to be paid to the Exchange Agent on account of the applicable Post-Closing Adjustment, if any, pursuant to Section 1.9(d) to be distributed to the Common Stockholders and the Series B Stockholders.