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Friday, October 05, 2018 5:11:54 PM
I'm not saying that your theory that such an event may have taken place and may be the reason they mandatorily converted the pref to common. But that is not listed in the paperwork - at least for the Series B share.
Section 4.3. Mandatory Conversion. From and after the Convertibility Date, the Company shall have the right, at any time and from time to time, in its sole discretion, to cause some or all of such Series B Preferred Shares to be automatically converted (without any further action by the Holder(s) and whether or not the Series B Preferred Shares (in the case of uncertificated shares) or the certificates representing the Series B Preferred Shares are surrendered), into a number of duly authorized, validly
issued, fully paid and non-assessable shares of Common Stock as set forth in this Article 4. The Company shall exercise this right by delivering at least three (3) days’ prior written notice thereof to the applicable Holder of Series B Preferred Shares. From and after such conversions (the dates and times of such conversion, the applicable “Mandatory Conversion Date”), the Series B Preferred Shares so converted shall no longer be deemed to be outstanding, and all rights of the Holder with respect to such
Series B Preferred Shares shall immediately terminate, except the right to receive the shares of Common Stock and any other amounts payable pursuant to this Certificate of Designations.
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