Examples of Series C Agreement in a sentence
As used herein, the term “Investors’ Shares” shall mean the shares of Common Stock then issuable upon conversion of all then outstanding shares of Series A Stock issued under the Series A Agreement, the Series B Stock issued under the Series B Agreement and the Series C Stock issued under the Series C Agreement plus all then outstanding shares of Conversion Stock that were issued upon the conversion of any shares of such Series A Stock, Series B Stock or Series C Stock.
The undersigned Prior Investors and Xxxx Xxxxxx hereby waive (on behalf of themselves and all other Prior Investors) all rights of first refusal under Section 3 of the Prior Rights Agreement with respect to the sale and issuance by the Company of the Series C Stock pursuant to the Series C Agreement (and any Common Stock issuable upon the conversion thereof).
In the event that the Company shall conduct subsequent sales of Series C Preferred Stock pursuant to and in accordance with the terms of Section 1.2 of the Series C Agreement, any holder of such shares of Preferred Stock shall be deemed a Holder with all the rights of a Holder under this Agreement; provided that as a condition thereto such Holder and the Company shall sign a counterpart signature page to this Agreement.
Pursuant to section 3.03 of the Series C Agreement, Xxxxxxxx Diversion is responsible for initially financing the Local Project Costs by obtaining the BND Loan.
As set forth in section 3.05 of the Series C Agreement, Xxxxxxxx Diversion is responsible for paying that portion of the debt service on the BND Loan that is attributable to all LAWA members besides Fargo and Grand Forks (the “Small Systems”), which the Parties have calculated to be 18.79% of the Local Project Cost obligations (the “Xxxxxxxx Share”).