Common use of Certain Restrictions Clause in Contracts

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating Preferred Stock as required by Section 3 hereof.

Appears in 6 contracts

Samples: Preferred Stock Rights Agreement (Woodward, Inc.), Tax Benefit Preservation Plan (Digirad Corp), Rights Agreement (Networks Associates Inc/)

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Certain Restrictions. (aA) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating A Junior Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating A Junior Preferred Stock as required by Section 3 2 hereof.

Appears in 6 contracts

Samples: Rights Agreement (Friendly Ice Cream Corp), Rights Agreement (Micrion Corp /Ma/), Rights Agreement (Ardent Software Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B D Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B D Participating Preferred Stock as required by Section 3 hereof.

Appears in 5 contracts

Samples: Preferred Stock Rights Agreement, Preferred Stock Rights Agreement (Intraware Inc), Preferred Stock Rights Agreement (Sigma Designs Inc)

Certain Restrictions. (ad) The Corporation Company shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B A Participating Preferred Stock as required by Section 3 hereof.

Appears in 4 contracts

Samples: Stockholders Rights Agreement (Box Ships Inc.), Stockholders Rights Agreement (Box Ships Inc.), Stockholders Rights Agreement (Diana Containerships Inc.)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B C Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B C Participating Preferred Stock as required by Section 3 2 hereof.

Appears in 4 contracts

Samples: Rights Agreement (Quidel Corp /De/), Rights Agreement (Quidel Corp /De/), Rights Agreement (Quidel Corp /De/)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Junior Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B A Junior Participating Preferred Stock as required by Section 3 2 hereof.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Javo Beverage Co Inc), Rights Agreement (Coast Distribution System Inc), Shareholder Rights Agreement (La Jolla Fresh Squeezed Coffee Co Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating Junior Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating Junior Preferred Stock as required by Section 3 hereof.

Appears in 3 contracts

Samples: Rights Agreement (Gartner Inc), Rights Agreement (Gartner Group Inc), Rights Agreement (Gartner Group Inc)

Certain Restrictions. (a) 5.1. The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating C Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating C Preferred Stock as required by Section 3 hereof.

Appears in 3 contracts

Samples: Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc)

Certain Restrictions. (aA) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating Preferred Stock as required by Section 3 2 hereof.

Appears in 3 contracts

Samples: Rights Agreement (Bristol Retail Solutions Inc), Rights Agreement (Bristol Retail Solutions Inc), Preferred Shares Rights Agreement (Connetics Corp)

Certain Restrictions. (a) The Corporation shall will not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Participating Preferred Stock unless concurrently therewith it shall will declare a dividend on the Series B A Participating Preferred Stock as required by Section 3 hereof2.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (Cue Health Inc.), Preferred Stock Rights Agreement (Forte Biosciences, Inc.), Preferred Stock Rights Agreement (Twitter, Inc.)

Certain Restrictions. (a) a. The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating Preferred Stock as required by Section 3 hereof.

Appears in 2 contracts

Samples: Preferred Share Rights Agreement (Phoenix Technologies LTD), Preferred Share Rights Agreement (Phoenix Technologies LTD)

Certain Restrictions. (a) 5.1. The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating H Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating H Preferred Stock as required by Section 3 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Nutrition 21 Inc), Rights Agreement (Nutrition 21 Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating A Junior Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating A Junior Preferred Stock as required by Section 3 (3) hereof.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (ABX Holdings, Inc.)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Junior Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating such Preferred Stock as required by Section 3 2 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Forgent Networks Inc), Preferred Shares Rights Agreement (Entertainment Distribution Co Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share Unit of Series B A Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B A Participating Preferred Stock as required by Section 3 2 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Onyx Acceptance Corp), Rights Agreement (Onyx Acceptance Corp)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B A Participating Preferred Stock as required by Section 3 1 hereof.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Spectrian Corp /Ca/), Preferred Shares Rights Agreement (Spectrian Corp /Ca/)

Certain Restrictions. (aA) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Junior Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Junior Participating Preferred Stock as required by Section 3 2 hereof.

Appears in 2 contracts

Samples: Rights Agreement (National Healthcare Corp), Rights Agreement (Neotherapeutics Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Junior Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Junior Participating Preferred Stock as required by Section 3 hereof.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Community Partners Bancorp), Preferred Stock Rights Agreement (Miravant Medical Technologies)

Certain Restrictions. (aA) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Junior Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating such Preferred Stock as required by Section 3 2 hereof.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Lance Inc), Preferred Shares Rights Agreement (Glenayre Technologies Inc)

Certain Restrictions. (a) A. The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B A Participating Preferred Stock as required by Section 3 III hereof.

Appears in 1 contract

Samples: Shares Rights Agreement (Sun Microsystems Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating A Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating A Preferred Stock as required by Section 3 hereofSectxxx 0 xxxxxx.

Appears in 1 contract

Samples: Realnetworks Inc

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B C Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B C Participating Preferred Stock as required by Section 3 hereof.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement (Critical Path Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B G Junior Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B G Junior Participating Preferred Stock as required by Section 3 hereof.

Appears in 1 contract

Samples: Rights Agreement (Medsource Technologies Inc)

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Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B C Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B C Participating Preferred Stock as required by Section 3 III hereof.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement (Infospace Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B C Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B C Participating Preferred Stock as required by Section 3 hereof.of this Article V.A.

Appears in 1 contract

Samples: Shareholders Agreement (General Atlantic LLC)

Certain Restrictions. (ag) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B A Participating Preferred Stock as required by Section 3 hereof.

Appears in 1 contract

Samples: Rights Agreement (Ventana Medical Systems Inc)

Certain Restrictions. (a) The Corporation shall will not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating A Preferred Stock unless concurrently therewith it shall will declare a dividend on the Series B Participating A Preferred Stock as required by Section 3 hereof2.

Appears in 1 contract

Samples: Preferred Stock (Ocean Power Technologies, Inc.)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B C Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B C Participating Preferred Stock as required by Section 3 hereof.of this Article V.A. Table of Contents

Appears in 1 contract

Samples: Agreement and Plan of Merger (Critical Path Inc)

Certain Restrictions. (a) The Corporation corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B A Participating Preferred Stock as required by Section 3 (A)(1) hereof.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Scansoft Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of DSSG Common Stock after the first issuance of a share or fraction of a share of Series B Junior Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Junior Participating Preferred Stock as required by Section 3 A.3 hereof.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Quantum Corp /De/)

Certain Restrictions. (a) The Corporation shall will not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Junior Participating Preferred Stock unless concurrently therewith it shall will declare a dividend on the Series B A Junior Participating Preferred Stock as required by Section 3 hereof2.

Appears in 1 contract

Samples: Rights Agreement (Vanda Pharmaceuticals Inc.)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, or make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B A Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B A Participating Preferred Stock as required by Section 3 hereof.

Appears in 1 contract

Samples: Rights Agreement (Vidamed Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating Preferred Stock as required by Section 3 hereof.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement (Internap Network Services Corp)

Certain Restrictions. (aA) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B Participating A Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B Participating A Preferred Stock as required by Section 3 hereof.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Univest Corp of Pennsylvania)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B G Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B G Participating Preferred Stock as required by Section 3 hereof.

Appears in 1 contract

Samples: Tax Benefit Preservation Plan (Crossroads Systems Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of HDDG Common Stock after the first issuance of a share or fraction of a share of Series B C Junior Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B C Junior Participating Preferred Stock as required by Section 3 B.3 hereof.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Quantum Corp /De/)

Certain Restrictions. (aA) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or a fraction of a share of Series B Participating A Preferred Stock unless concurrently therewith it shall declare a dividend or distribution on the Series B Participating A Preferred Stock as required by Section 3 2 hereof.

Appears in 1 contract

Samples: Rights Agreement (Leasing Solutions Inc)

Certain Restrictions. (a) The Corporation shall not declare any dividend on, make any distribution on, or redeem or purchase or otherwise acquire for consideration any shares of Common Stock after the first issuance of a share or fraction of a share of Series B E Participating Preferred Stock unless concurrently therewith it shall declare a dividend on the Series B E Participating Preferred Stock as required by Section 3 hereof.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement (Rambus Inc)

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