Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 26 contracts
Sources: Securities Purchase Agreement (Heron Therapeutics, Inc. /De/), Asset Sale and Purchase Agreement (Ehave, Inc.), Subscription Agreement (Binah Capital Group, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends damages and accrued interestdividends, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 14 contracts
Sources: Securities Purchase Agreement (Spring Valley Acquisition Corp. II), Securities Purchase Agreement (Spring Valley Acquisition Corp. II), Business Combination Agreement (Inflection Point Acquisition Corp. II)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interestdividends, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 13 contracts
Sources: Securities Purchase Agreement (Healthier Choices Management Corp.), Agreement and Plan of Merger (Industrial Tech Acquisitions II, Inc.), Securities Purchase Agreement (Healthy Choice Wellness Corp.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Series A Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 5 contracts
Sources: Securities Purchase Agreement (Tixfi Inc.), Securities Purchase Agreement (Asta Holdings, Corp.), Merger and Share Exchange Agreement (Asta Holdings, Corp.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the CorporationCompany, which is absolute and unconditional, to pay the liquidated damagesdamages (if any) on, accrued dividends and accrued interest, as applicable, on the shares of Series A Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Note Purchase Agreement (PCS Edventures Com Inc), Preferred Stock Purchase Agreement (Family Home Health Services, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Advanced Battery Technologies, Inc.), Securities Purchase Agreement (Advanced Battery Technologies, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay late fees, liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, damages on the shares of Series 1 Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Subscription Agreement (ArTara Therapeutics, Inc.), Subscription Agreement (Proteon Therapeutics Inc)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends damages and accrued interestdividends, as applicable, on the shares of Series I Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Underwriting Agreement (Towerstream Corp), Underwriting Agreement (Towerstream Corp)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the CorporationCompany, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Series C Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Subscription Agreement (Star Mountain Resources, Inc.), Stock Purchase Agreement (Great Plains Holdings, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay the liquidated damagesdamages (if any) on, accrued dividends and accrued interest, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Binding Letter of Intent (Ozop Surgical Corp.), Share Exchange Agreement (Elite Artz, Inc)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay the liquidated damagesdamages (if any) on, accrued dividends and accrued interest, as applicable, on the shares of Series A Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Preferred Stock Purchase Agreement (Computer Software Innovations Inc)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Series A Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Securities Purchase Agreement (MDNA Life Sciences, Inc.), Securities Purchase Agreement (MDNA Life Sciences, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends damages and accrued interestdividends, as applicable, on the shares of Series A Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Aditxt, Inc.), Securities Purchase Agreement (Cerecor Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends damages and accrued interestdividends, as applicable, on the shares of Series I Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 2 contracts
Sources: Merger Agreement (Superconductor Technologies Inc), Merger Agreement (Superconductor Technologies Inc)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends the liquidation preference and accrued interestbut unpaid dividends, as applicable, on the shares of Series A Preferred Stock Shares at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay the liquidated damagesdamages (if any) on, accrued dividends and accrued interest, as applicable, on the shares of Preferred Series B Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the CorporationCompany, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (Bridgeline Digital, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay the liquidated damagesdamages (if any) on, accrued dividends and accrued interest, as applicable, on the shares of Series "A" Preferred Stock Share at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Convertible Promissory Note Purchase Agreement (Platinum Research Organization, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the CorporationCompany, which is absolute and unconditional, to pay liquidated damages, accrued dividends damages and accrued interestAccrued Dividends, as applicable, on the shares of Preferred Stock at the time, place, place and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (EQV Ventures Acquisition Corp.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein or in the Purchase Agreement prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (Arrowhead Research Corp)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the CorporationCompany, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Preferred Stock Shares at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Series E-1 Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (GTC Biotherapeutics Inc)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the CorporationCompany, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Series C Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (AzurRx BioPharma, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, damages on the shares of Series A Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (Proteon Therapeutics Inc)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay the liquidated damagesdamages (if any) on, accrued dividends and accrued interest, as applicable, on the shares of Preferred Series A Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation Designations shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends damages and accrued interestdividends, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends damages and accrued interestdividends, as applicable, on the shares of Series F Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends dividends, accrued interest and accrued interestredemption amounts, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the amounts and coin or currency, herein prescribed.
Appears in 1 contract
Sources: Stock Purchase Agreement (Charge Enterprises, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (Greenman Technologies Inc)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Series C Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (Mill City Ventures III, LTD)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends damages and accrued interestAccrued Dividends, as applicable, on the shares of Series A Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends dividends, if any, and accrued interest, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Premier Power Renewable Energy, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends the liquidation preference and accrued interestbut unpaid dividends, as applicable, on the shares of Series B Preferred Stock Shares at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interestdividends, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Series E-2 Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (GTC Biotherapeutics Inc)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay the liquidated damages, accrued dividends damages and accrued interestinterest (if any) on, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (Waverider Communications Inc)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Class B Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (Formation Minerals, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the Corporation, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.)
Absolute Obligation. Except as expressly provided herein, no provision of this Certificate of Designation shall alter or impair the obligation of the CorporationCompany, which is absolute and unconditional, to pay liquidated damages, accrued dividends and accrued interest, as applicable, on the shares of Series A Preferred Stock at the time, place, and rate, and in the coin or currency, herein prescribed.
Appears in 1 contract
Sources: Securities Purchase Agreement (Air Industries Group)