Title of Series. The Pricing Agreement for any Notes and each such Note issued hereunder on or after the date hereof may identify the name (if any name is designated) of such series of Notes. Failure to make a notation of the name of a series within any Pricing Agreement or on the applicable Note shall not affect the validity and effect of such Note.
No Series A Senior Securities; Series A Parity Securities. Other than issuances contemplated by the Series A Purchase Agreement, the Partnership shall not, without the consent of the holders of the Series A Required Voting Percentage, issue any # Series A Senior Securities (or amend the provisions of any class of Partnership Interests to make such class of Partnership Interests a class of Series A Senior Securities) or # Series A Parity Securities (or amend the provisions of any class of Partnership Interests to make such class of Partnership Interests a class of Series A Parity Securities) or Series A Preferred Units; provided that, without the consent or vote of any Series A Preferred Unitholder (but without prejudice to their rights under Section 5.8(b)(iii)(A)), the Partnership may issue after the Series A Initial Issuance Date # Series A Preferred Units pursuant to the Series A Purchase Agreement, # up to the greater of # an aggregate issue price of $1 billion of Series A Parity Securities, and # a number of Series A Parity Securities such that, as of the date of the issuance of the Series A Parity Securities, the aggregate number of Series A Parity Securities, together with the Series A Preferred Units contemplated by the Series A Purchase Agreement, in each case on an as-converted basis (or, if the Series A Parity Securities are not convertible, assuming that such Series A Parity Securities are convertible into a number of Common Units equal to the quotient of # the aggregate purchase price for such Series A Parity Securities, divided by #
Purchase of Common Shares, Series A Warrants and Series B Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below) # such aggregate number of shares of Common Stock as set forth opposite such Buyers name in column # on the Schedule of Buyers, # Series B Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyers name in column # on the Schedule of Buyers; and # Series A Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyers name in column # on the Schedule of Buyers.
In further consideration of the purchase of the IP, fixed assets and “know how”, Inc, and SIML have appointed Richard Hylen to be issued 500 Series B Preferred Voting Shares pursuant an Employment Agreement.
Issuance of Series C Shares. The issuance and delivery by Buyer of the Series C Shares in connection with the Merger and this Agreement have been duly and validly authorized by all necessary action on the part of Buyer. The Series C Shares to be issued in connection with the Merger and this Agreement, when issued in accordance with the terms of this Agreement, will be validly issued, fully paid and nonassessable.
Series A Change of Control. If a Series A Change of Control (as defined in the NEE Partners Partnership Agreement) occurs:
Subject to Section 5.8(b)(vi)(B), in the event of a Series A Cash COC Event, the Outstanding Series A Preferred Units shall be automatically converted, without requirement of any action of the Series A Preferred Unitholders, into Common Units immediately prior to the closing of the applicable Series A Change of Control at the Series A COC Conversion Rate.
At the close of FY2018, expiring funds were removed from the contract via Contract Modification 0017 (MOD 17). The sum of funds expiring from the contract differed between SIGA’s records and what was presented in MOD 17 by $9,845,100.69 (see below). The major source of the discrepancy was the expiration of approximately $9,364,500 from CLIN 0007, Contract Modification 0006 (effective 19 December 2012). Per BARDA’s internal protocols, the method by which these particular funds expired prevented them from being captured in MOD 17.
Conversion of Series A Preferred Stock. All shares of Series A Preferred Stock shall be convertible to Common Stock as follows:
No. BR- June 28, 2023
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