Series D Certificate definition
Examples of Series D Certificate in a sentence
After the occurrence of a Type B Event Date, the Board of Directors shall be comprised of a number of members that is consistent with the Series B Certificate of Designation, the Series C Certificate of Designation, the Series D Certificate of Designation and the Amended Bylaws.
The rights, preferences, privileges and restrictions of the Series D Preferred Stock are as stated in the Series D Certificate of Designation.
The Company shall not assign this Agreement or any rights or obligations hereunder without the prior written consent of holders of at least 80% of the Exchange Shares then outstanding, including by merger or consolidation, except pursuant to a Change of Control (as defined in Section 4(b) of the Series D Certificate of Designations) with respect to which the Company is in compliance with Section 4 of the Series D Certificate of Designations and Section 4(b) of the Exchange Warrants.
The parties agree that, unless waived in writing by each of the Investors, the Merger will not be deemed to be on substantially the same terms as set forth in the Draft Merger Agreement if the Triggering Event (as defined in the Series D Certificate of Designations) set forth in Section 3(b)(v) or 3(b)(vi) of the Series D Certificate of Designations shall be deemed to have occurred.
No consideration shall be offered or paid to any person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents or the Series D Certificate of Designations unless the same consideration also is offered to all of the parties to the Transaction Documents or holders of Exchange Shares, as the case may be.