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 Stock not reserved for another purpose (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 (and, following the occurrence of any such event, Common Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 6 contracts
Samples: Rights Agreement (Ultratech Stepper Inc), Rights Agreement (Pharmacyclics Inc), Rights Agreement (Idec Pharmaceuticals Corp / De)
Availability of Preferred Shares. (a) The company 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 Stock not reserved for another purpose (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 (and, following the occurrence of any such event, Common Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 5 contracts
Samples: Rights Agreement (Sandisk Corp), Rights Agreement (Sandisk Corp), Rights Agreement (Half Robert International Inc /De/)
Availability of Preferred Shares. (a) The company 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 Stock not reserved for another purpose 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 (and, following the occurrence of any such event, Common Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 4 contracts
Samples: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp)
Availability of Preferred Shares. (a) The company 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 Stock Shares not reserved for another purpose (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 (and, following the occurrence of any such event, Common Stock and/or other securitiesSecurities) that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 1 contract
Samples: Rights Agreement (Mycogen Corp)
Availability of Preferred Shares. (a) The company 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 Stock not reserved for another purpose (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 (and, following the occurrence of any such event, Common Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 1 contract
Samples: Rights Agreement (P-Com Inc)