Examples of Series J Stock in a sentence
Subject to the limitations and lock-up period set forth in the Series J Stock purchase Agreement, the holders of a majority of the Series J Registrable Securities may request Short-Form Registrations, if available.
Except as otherwise expressly set forth in this Agreement, any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), with the written consent of the Company and the holders of at least 66-2/3% of the shares of Common Stock issued or issuable upon conversion of the Series J Stock, voting together as a single class.
The Series J Stock when so issued, sold and delivered against payment therefor in accordance with the provisions of this Agreement, the shares of Common Stock issuable upon conversion of the Series J Stock when issued upon such conversion and the issuance and delivery of Common Stock issuable upon exercise of the Warrants issued in connection with the Series J Stock will be duly and validly issued, fully paid and non-assessable.
Any amendment or waiver effected in accordance with this Section 8.6 shall be binding upon each holder of any Series J Stock or Common Stock into which such Series J Stock has been converted, and each future holder of all such securities and the Company.
The closing of the sale and purchase of the Series J Stock (the "Initial Closing") shall take place at the offices of Ropes & Xxxx LLP, Xxx Xxxxxxxxxxxxx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, on September 30, 2003, or at such other time, date, and place as are mutually agreeable to the Company and the Purchasers.
The Note is convertible into units, with each unit consisting of (a) one share of common stock; (b) one Series J Stock Purchase Warrant for the purchase of one share of common stock; and (c) one Series K Stock Purchase Warrant for the purchase of one share of common stock.
Each Purchaser realizes that the basis for the exemption may not be present if, notwithstanding such representations, the Purchaser has in mind merely acquiring shares of the Series J Stock for a fixed or determinable period in the future, or for a market rise, or for sale if the market does not rise.
Each Purchaser represents that it was not solicited by the Registration Statement filed by the Company on January 30, 2002 under the Securities Act, to register the sale by it of shares of its Common Stock to the public (as amended by Amendment No. 1 thereto filed on March 25, 2002) in connection with its purchase of the Series J Stock.
No adjustment to the conversion price of any outstanding series of Preferred Stock will occur upon the issuance of the Series J Stock or the Warrants.
The representations and warranties of each Purchaser purchasing Series J Stock at the such Closing contained in Section 4 shall be true on and as of the date of such Closing with the same effect as though such representations and warranties had been made on and as of that date.