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"Conversion Price" term was removed hence creates contradiction. #2

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ksaitor opened this issue Jan 22, 2016 · 0 comments
Open

"Conversion Price" term was removed hence creates contradiction. #2

ksaitor opened this issue Jan 22, 2016 · 0 comments

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@ksaitor
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ksaitor commented Jan 22, 2016

  • in event 1(a) it is elaborated — no problem
  • definition Safe Preference Shares becomes contradicting:

Currently in e4c157c:

"Safe Preference Shares" means the preference shares issued to the Investor in an Equity Financing, having the identical rights, privileges, preferences and restrictions as the Standard Preference Shares, other than with respect to: (i) the per share liquidation preference and the conversion price for purposes of price-based anti-dilution protection, which will equal the Safe Price; and (ii) the basis for any dividend rights, which will be based on the Safe Price.

Should be:

"Safe Preference Shares" means the preference shares issued to the Investor in an Equity Financing, having the identical rights, privileges, preferences and restrictions as the Standard Preference Shares, other than with respect to: (i) the per share liquidation preference and the conversion price for purposes of price-based anti-dilution protection, which will equal the Conversion Price; and (ii) the basis for any dividend rights, which will be based on the Conversion Price.

Contradiction:

If at the Equity Financing event, valuation of the company ends up being lower than the Valuation Cap, investor will receive number of shares (Safe Preference Shares) equal to Purchase Amount / Discount Price. Meanwhile definition Safe Preference Shares states that "conversion price […] will equal the Safe Price" and "the basis for any dividend rights, which will be based on the Safe Price".

@ksaitor ksaitor changed the title "Conversion Price" term was removed. Why? "Conversion Price" term was removed hence creates contradiction. Jan 22, 2016
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