Series E-2 Preferred Stock definition
Examples of Series E-2 Preferred Stock in a sentence
This Section 4(g) shall not apply to (1) any obligations under the Stock Purchase Agreement or with respect to shares of Series E-1 Preferred Stock or Series E-2 Preferred Stock, (2) Investments (as defined in the Stock Purchase Agreement) in the Company or (3) Indebtedness (as defined in the Stock Purchase Agreement) identified on Schedule 4.19 to the Stock Purchase Agreement.
Other than as set forth in the foregoing sentences of this Section 3(e), the Series E-1 Preferred Stock and Series E-2 Preferred Stock shall be pari passu in all respects and neither one shall be considered to be a Junior Security to the other.
For the sake of clarity, Section 13.1(b) shall not apply to agreements entered into with such parties other than in connection with the purchase of Series E-1 Preferred Stock and/or Series E-2 Preferred Stock and this Section 13.1 shall not limit the Company’s ability to grant licensing, distribution, manufacturing or other similar rights to strategic investors.
The Company will promptly provide each Senior Investor with true, complete and correct copies of any and all investment agreements and related documents (including, without limitation, any Side Letters) entered into by the Company and any party or parties in connection with the Company’s sale of Series E-1 Preferred Stock and/or Series E-2 Preferred Stock.
The Series E-1 Preferred Stock shall rank senior in all respects, including the payment on liquidation and redemption, to all equity securities of the Company other than as set forth in the following two sentences with respect to the Series E-2 Preferred Stock (notwithstanding any provisions to the contrary set forth in the certificate of designations of any other class or series of equity securities of the Company or otherwise).