Common use of Availability of Preferred Shares Clause in Contracts

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with

Appears in 3 contracts

Samples: Rights Agreement (Viad Corp), Rights Agreement (Viad Corp), Rights Agreement (Piper Jaffray Companies)

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Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered (or evidenced by registration in the Company’s share

Appears in 2 contracts

Samples: Rights Agreement (Louisiana-Pacific Corp), Rights Agreement (Louisiana-Pacific Corp)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7

Appears in 2 contracts

Samples: Rights Agreement (Hardinge Inc), Rights Agreement (Mirage Resorts Inc)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withbe

Appears in 1 contract

Samples: Rights Agreement (111 Holdings Inc)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7. The Company covenants and agrees that it will take all such action as may be

Appears in 1 contract

Samples: Rights Agreement (Meritor Automotive Inc)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7 hereof. The

Appears in 1 contract

Samples: Rights Agreement (Shaw Group Inc)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7.

Appears in 1 contract

Samples: Rights Agreement (First Albany Companies Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued shares of Preferred Shares Stock not reserved for another purpose, or any Preferred Shares held in its treasury (and, following the occurrence of an event described in Section 11(a)(ii) or Section 13(a), out of its authorized and unissued shares of Common Stock and/or other securities), the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withof

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Corvel Corp)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7. The Company covenants and agrees that it will take all such action as may be necessary to

Appears in 1 contract

Samples: Rights Agreement (Schweitzer Mauduit International Inc)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available available, out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7.

Appears in 1 contract

Samples: Section 382 Rights Agreement (LSB Industries Inc)

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Availability of Preferred Shares. The Company covenants and -------------------------------- agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with

Appears in 1 contract

Samples: Rights Agreement (Gemstar International Group LTD)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon

Appears in 1 contract

Samples: Rights Agreement (Kyzen Corp)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7. The Company

Appears in 1 contract

Samples: Rights Agreement (Water Pik Technologies Inc)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the

Appears in 1 contract

Samples: Rights Agreement (Water Pik Technologies Inc)

Availability of Preferred Shares. The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance withwith Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon

Appears in 1 contract

Samples: Rights Agreement (McDonald & Co Investments Inc)

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