Examples of Series E Investor in a sentence
The Series E Investor shall not make any announcement disclosing its investment in the Company under the Series E Share Purchase Agreement, any of the Financing Terms or the name of any member of the Company Group or the Founder (or any part or any derivations thereof) in a press release, public announcement, conference, professional or trade publication, mass marketing materials or other public disclosure without obtaining in each instance the prior written consent of the Company.
The Warrantors shall ensure that the Key Employees listed in Schedule V will not engage, in their own name or through any other Person, in any Competing Business during their employment with the Group Companies or within two (2) years after the termination of their employment with the Group Companies, unless such business is conducted for the benefits of the Group Companies and has obtained the prior written consent of the Company and each Series E Investor and Series F Investor.
The Company shall deliver to each Major Series E Investor and each Wellington Investor, subject to a Confidentiality Agreement, quarterly comparisons of the Company’s actual financial performance relative to the most recent budget for such period approved by the Company’s Board of Directors.
The Company and the Series E Investor have entered into that certain Series E Preferred Stock Purchase Agreement, dated as of April 8, 2005 (the “Series E Purchase Agreement”).
If the assets or funds of the Repurchaser are insufficient to pay the full amount of the Series E Redemption Price, those assets or funds shall be used to pay the Series E Redemption Price on the Series E Preferred Shares, pari passu with each other, in proportion to the full amount to which Series E Investor would otherwise be respectively entitled under Section 3.2(v).
Series E Investor shall have thirty (30) days after the receipt of the Issuance Notice to agree to purchase all or a portion of such New Securities for the price and upon the terms specified in the Issuance Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (“First Pre-emptive Rights”).
In the event the Company proposes to undertake an issuance of New Securities, it shall give Series E Investor a written notice (an “Issuance Notice”) of such intention, describing (i) the type of New Securities, (ii) the identity of the prospective transferee, and (iii) the price and the general terms upon which the Company proposes to issue the same.
The parties acknowledge and agree that, in the event any party shall be added to Annex 1 to the Purchase Agreement in the manner set forth thereunder, such party shall join this Agreement by execution and delivery of a counterpart hereof, and pertinent information with respect thereto shall be added to Exhibit G, and such party shall thereby for all purposes become a Series E Investor hereunder.
The Company shall promptly, in writing, inform each Series D Investor and Series E Investor that elects to purchase all of its Pro Rata Share of the New Securities (each a “Fully-Exercising Investor”) of any other Series D Investor’s and Series E Investor’s failure to do likewise.
Within ten (10) days after expiration of the Company’s Option Period, the Transferor shall deliver a written notice to Series E Investor (the “Second Notice”) setting forth the number of Offered Shares, if any, which the Company did not elect to purchase.