Series C Stock means the Series C Preferred Stock, par value $0.01 per share, of the Company. Series G Preferred Stock means the Series G Preferred Stock, $0.00001 par value per share, of the Corporation. Series E Preferred Stock means the Series E Preferred Stock, par value $0.0001 per share, of the Company. Series F Preferred Stock means the Series F Preferred Stock, $0.00001 par value per share, of the Corporation. If the Company shall redeem by lot, the selection by lot of the shares of Series J Stock to be redeemed shall be conducted by an independent bank or trust company.
#JSTOCK REVIEW FOR ANDROID REGISTRATION#
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.Įach Purchaser understands that the Series J Stock is not, and any Common Stock acquired on conversion thereof at the time of issuance may not be, registered under the Securities Act on the ground that the sale provided for in this Agreement and the issuance of securities hereunder is exempt from registration under the Securities Act pursuant to Regulation D thereof, and that the Company's reliance on such exemption is predicated on each Purchaser's representations set forth herein.Įach 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.
The holders of the outstanding Series J Stock shall be entitled to receive quarter-annual dividends, as and when declared by the Board of Directors out of funds legally available therefor. The shares of the Series J Stock to be issued in the Rights Offering have been duly authorized by all necessary corporate actions of the Company. When such certificate becomes effective, all matters set forth in the Certificate with respect to the Series J Stock shall be eliminated from the Certificate of Incorporation and the shares of Preferred Stock designated hereby as Series J Stock shall have the status of authorized and unissued shares of Preferred Stock and may be reissued as part of any new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors.Īll dividends that accrue in accordance with the foregoing provisions shall be cumulative from and after the day immediately succeeding the date of issuance of the relevant shares of Series J Stock.įrom and after May 2, 2000, dividends on the Series J Stock (determined as to amount as provided herein) shall accrue to the extent, but only to the extent, that regularly scheduled cash dividends are declared by the Board of Directors on the Common Stock with a payment date after (or, in the case of Series J Stock originally issued after May 2, 2000, after the Dividend Payment Date next preceding such date of original issuance). No adjustment shall be made pursuant to this Section 3.6 (i) if the effect thereof would be to reduce the Conversion Price below the par value of the Common Stock or (ii) subject to Section 3.6(f), with respect to any share of Series J Stock that is converted, prior to the time such adjustment otherwise would be made.
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