Series D-3 Preferred Stock definition

Series D-3 Preferred Stock means shares of the Company’s Series D-3 Preferred Stock, par value $0.0001 per share.

Series D-3 Preferred Stock means the Corporation’s preferred stock designated as its Series D-3 Convertible Preferred Stock pursuant to the Series D-3 Certificate.

Series D-3 Preferred Stock has the meaning set forth in Section 4.03(a).

Examples of Series D-3 Preferred Stock in a sentence

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• The outstanding shares of Series D-1 Preferred Stock and of Series D-2 Preferred Stock were dilutive for the three months ended June 30, 2008; however, the outstanding shares of Series D-3 Preferred Stock were anti-dilutive for the same three-month period.

• At such closing, the Holder shall surrender the certificate representing the shares of Series D-3 Preferred Stock to be redeemed to the Company at the address set forth for notices to the Company in Section 19 of the Main Agreement, and the Company shall deliver to the Holder via wire transfer of immediately available U.S. funds cash equal to the aggregate Redemption Cash Amount of such shares.

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• On or after each such Redemption Date, each holder of shares of Series D-3 Preferred Stock to be redeemed shall surrender such holder’s certificates representing such shares to the Corporation in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled.

• Organizing your proposal, clearly labeling each section, and sequencing them as indicated below will help reviewers find the information to evaluate your proposal.

• In the event the Environmental Flows Reference Group is unable to reach consensus on its advice to the Minister, then the Minister should either: (b) manage in accordance with subclauses (2), (3), (6), (7), (8), (12), (16) and (22), or (c) alter or amend management in accordance with the rules in the relevant subclauses of clause 15.

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• Subject to the immediately following sentence, the Company shall be entitled to deduct and withhold from any dividend on the Series D-3 Preferred Stock such amounts as the Company is required to deduct and withhold with respect to such dividend under the Internal Revenue Code of 1986, as amended, or any other provision of state, local or foreign tax law.

More Definitions of Series D-3 Preferred Stock

Series D-3 Preferred Stock means the Company's authorized shares of Series D-3 Convertible Preferred Stock, par value $.01 per share, having the designations, rights, preferences and privileges and qualifications, limitations and restrictions of preferred stock set forth in the Restated Certificate of Incorporation.

Series D-3 Preferred Stock means the Series D-3 Cumulative Convertible Preferred Stock of the Company or successor as contemplated by Section 6(F).

Series D-3 Preferred Stock means the Series D-3 Cumulative Convertible Preferred Stock of the Company or successor as contemplated by Section 6(F). “Stated Value” is an amount equal to one thousand dollars ($1,000) per share of Series D-3 Preferred Stock plus (x) any accrued and unpaid dividends (asof the date of determination, which for purposes of Sections 6(A) and 6(B) shall be the Conversion Closing Date and Redemption Closing Date, respectively), whether or not declared and whether or not earnings are available in respect of such dividends and (y) any dividends declared on the Common Stock in an amount equal to the product of (A) the per-share dividend on Common Stock multiplied by (B) the number of shares of Common Stock issuable upon redemption or conversion (whichever is greater) of a share of Series D-3 Preferred Stock on the date such dividend is declared on the Common Stock. In the event the Company shall declare a distribution on the Common Stock payable in securities or property other than cash, the value of such securities or property will be the fair market value. Any securities shall be valued as follows: (i) if traded on a national securities exchange or through the Nasdaq National Market or Nasdaq SmallCap Market, the value shall be deemed to be the average of the closing prices of the securities on such exchange or system over the thirty(30) Business Day period ending three (3) calendar days prior to such declaration; (ii) if actively traded over-the-counter, the value shall be deemed to be the average of the closing bid or sale prices (whichever is applicable) over the thirty (30) Business Day period ending three (3) calendar days prior to such declaration; and (iii) if there is no active public market, the value shall be the fair market value thereof, as determined in good faith by the Board.