Examples of Series E Purchasers in a sentence
The Series E Purchasers hold shares of the Company’s Series E-2 Convertible Preferred Stock, par value $.01 per share (the “Series E Preferred Stock”).
The Series A Purchasers, Series B Purchasers, Series C Purchasers, Series D Purchasers and Series E Purchasers hereby waive with respect to the issuance, purchase and sale of the Series F Preferred any and all rights of first refusal (and any rights to notice in connection therewith) held by the Series A Purchasers, Series B Purchasers, Series C Purchasers, Series D Purchasers and Series E Purchasers pursuant to Section 8 of the 1999 Registration Rights Agreement.
Within sixty (60) days of the Closing, the Company may issue a press release disclosing that the Series E Purchasers have invested in the Company provided that (a) the release does not disclose any of the Terms, (b) the press release does not disclose the amount or other specific terms of the investment, and (c) the final form of the press release is approved in advance in writing by each Purchaser mentioned therein.
All registrations, qualifications, permits and approvals required under applicable state securities laws for the lawful execution and delivery of this Amendment Number 1 and the offer, sale, issuance and delivery of the Warrants to the Series E Purchasers at the Second Closing and the offer of the Warrant Stock shall have been obtained.
The Series E Purchasers have agreed to purchase from the Company, and the Company has agreed to issue to the Series E Purchasers, up to 18,461,716 Series E Shares on the terms and conditions set forth in a Series E Preferred Shares Purchase Agreement dated July 16, 2010 (the “Series E Purchase Agreement”), by and among the Company, the Series E Purchasers and certain other parties thereto.
Each of the Series E Purchasers hereby consents to the election of Xxxxx Xxxxxx as the director to be elected by the holders of Series E Preferred, his term to continue until his successor is duly elected and qualified in accordance with the Restated Articles, as amended, the Restated Bylaws, as amended, and applicable law.
Persons or entities that, after the date hereof, purchase Shares pursuant to the Series E Purchase Agreement and become "Additional Purchasers" thereunder shall (without the need for approval by any other party to this Agreement), become parties to this Agreement by executing and delivering a counterpart signature page hereto, whereupon they shall be deemed "Series E Purchasers" and "Investors" for all purposes of this Agreement.
The Series A Purchasers, the Series B Purchasers, the Series C Purchasers, the Series D Purchaser, the Series E Purchasers, the Series F Purchasers and the Common Purchaser are collectively referred to herein as the "Purchasers".
The Series A Purchasers, the Series B Purchasers, the Series C Purchasers, the Series D Purchasers, and the Series E Purchasers will cause any proposed purchaser, assignee, transferee, or pledgee of any such shares held by the Series A Purchasers, the Series B Purchasers, the Series C Purchasers, the Series D Purchasers, or the Series E Purchasers, as the case may be, to agree to take and hold such securities subject to the provisions and upon the conditions specified in this Section 2.
In the event that any such condition is not satisfied to the satisfaction of the Company and the Series E Purchasers, then neither the Company nor any Series E Purchaser shall be obligated to proceed with the consummation of the Second Closing.