Examples of Series E Senior Preferred Stock in a sentence
Each "Unit" shall consist of (a) one share of Series E Senior Preferred Stock; (b) Warrants to purchase 800 shares of Common Stock; and (c) an Additional Investment Right to acquire (i) one share of Series E Senior Preferred Stock and (ii) an Additional Investment Right Warrant to acquire 800 shares of Common Stock.
The terms of any agreement pursuant to which a Fundamental Transaction is effected shall include terms requiring any such successor or surviving entity to comply with the provisions of this paragraph (c) and insuring that Series E Senior Preferred Stock (or any such replacement security) will be similarly adjusted upon any subsequent transaction analogous to a Fundamental Transaction.
The Company and certain of the Investors have entered into the Amended and Restated Series E Senior Preferred Stock and Convertible Note Purchase Agreement dated April 28, 1999 (the "Series E Agreement") pursuant to which the Company shall sell to such Investors (the "Series E Investors") up to 20,000,000 shares of its Series E Senior Preferred Stock.
If holders of Common Stock are given any choice as to the securities, cash or property to be received in a Fundamental Transaction, then each Holder shall be given the same choice as to the Alternate Consideration it receives upon any conversion of Series E Senior Preferred Stock following such Fundamental Transaction.
At the option of any Holder, any Series E Senior Preferred Stock held by such Holder may be converted into Common Stock based on the Conversion Price then in effect for such Series E Senior Preferred Stock.
Shareholders of the Series E Senior Preferred Stock have no voting power.
The Corporation shall register the transfer of any shares of Series E Senior Preferred Stock in the Series E Senior Preferred Stock Register, upon surrender of certificates evidencing such Shares to the Corporation at its address specified herein.
The Series E Senior Preferred Stock shall be held and owned upon the express condition that the provisions of this Section 8.1 are exclusive with respect to the replacement of mutilated, destroyed, lost or stolen shares of Series E Senior Preferred Stock and shall preclude any and all other rights and remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of negotiable instruments or other securities without the surrender thereof.
If any certificate evidencing Series E Senior Preferred Stock or Underlying Shares is mutilated, lost, stolen or destroyed, the Corporation shall issue or cause to be issued in exchange and substitution for and upon cancellation hereof, or in lieu of and substitution for such certificate, a new certificate, but only upon receipt of evidence reasonably satisfactory to the Corporation of such loss, theft or destruction and customary and reasonable indemnity, if requested.
Each Purchaser shall have 5 Trading Days to review the offer and determine whether it wants to exchange all or any portion of the Series E Senior Preferred Stock.