Common use of Certain Restrictions Clause in Contracts

Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company shall not

Appears in 13 contracts

Samples: Rights Agreement (Pathogenesis Corp), Rights Agreement (Premier Parks Inc), Rights Agreement (Dairy Mart Convenience Stores Inc)

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Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company shall not:

Appears in 8 contracts

Samples: Rights Agreement (Madden Steven LTD), Rights Agreement (Madden Steven LTD), Agreement (United Stationers Inc)

Certain Restrictions. (Aa) Whenever Preferential Dividends or Participating Dividends are in arrears or the Company Corporation shall be in default of in payment thereof, thereafter and until all accrued and unpaid Preferential Participating Dividends and Preferential Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company Corporation shall not:

Appears in 7 contracts

Samples: Rights Agreement (Towerstream Corp), Rights Agreement (Iris International Inc), Preferred Stock Purchase Agreement (Aames Financial Corp/De)

Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series Class A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series Class A Preferred Stock may have in such circumstances, the Company shall not

Appears in 6 contracts

Samples: Rights Agreement (Resortquest International Inc), Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc)

Certain Restrictions. (Aa) Whenever Preferential Dividends or Dividends are in arrears or the Company Corporation shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company Corporation shall not:

Appears in 6 contracts

Samples: Rights Agreement (FXCM Inc.), Rights Agreement (FXCM Inc.), Rights Agreement (FXCM Inc.)

Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A Class B Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Class B Preferred Stock may have in such circumstances, the Company shall not

Appears in 4 contracts

Samples: Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc)

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears or the Company Corporation shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A One Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A One Preferred Stock may have in such circumstances, the Company Corporation shall not:

Appears in 3 contracts

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

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears or the Company shall be in default of in payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company shall not

Appears in 2 contracts

Samples: Rights Agreement (Penney J C Co Inc), Rights Agreement (Penney J C Co Inc)

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A I Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A I Preferred Stock may have in such circumstances, the Company shall not

Appears in 2 contracts

Samples: Rights Agreement (Moore Medical Corp), Rights Agreement (Moore Medical Corp)

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company shall not:

Appears in 2 contracts

Samples: Rights Agreement (Consolidated Graphics Inc /Tx/), Rights Agreement (Consolidated Graphics Inc /Tx/)

Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company Corporation shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A D Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A D Preferred Stock may have in such circumstances, the Company Corporation shall not:

Appears in 2 contracts

Samples: Rights Agreement (Novavax Inc), Rights Agreement (Columbia Laboratories Inc)

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears or the Company shall be in default of in payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company shall not:

Appears in 2 contracts

Samples: Rights Agreement (Geoworks /Ca/), Rights Agreement (Geoworks /Ca/)

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears arrears, whether or not declared, or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A Preferred Stock Shares outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock Shares may have in such circumstances, the Company shall not:

Appears in 2 contracts

Samples: Rights Agreement (Forbes Energy Services Ltd.), Rights Agreement (Tx Energy Services, LLC)

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears or the Company Corporation shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A One Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A One Preferred Stock may have in such circumstances, the Company Corporation shall not

Appears in 1 contract

Samples: Rights Agreement (Calton Inc)

Certain Restrictions. (A) Whenever Preferential Dividends or Dividends payable on the Series A Preferred Stock as provided in Section 2 are in arrears or the Company Corporation shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid paid, or set irrevocably aside for payment payment, in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company Corporation shall not:

Appears in 1 contract

Samples: Rights Agreement (Activision Inc /Ny)

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears or the Company Corporation shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A F Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A F Preferred Stock may have in such circumstances, the Company Corporation shall not

Appears in 1 contract

Samples: Rights Agreement (Mediaone Group Inc)

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Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company Corporation shall be in default of in payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not earned or declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company Corporation shall not

Appears in 1 contract

Samples: investor.harley-davidson.com

Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A E Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A E Preferred Stock may have in such circumstances, the Company shall not:

Appears in 1 contract

Samples: Rights Agreement (Big Entertainment Inc)

Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company shall not, except as required by Article XII or otherwise,

Appears in 1 contract

Samples: 01 Rights Agreement (Showboat Inc)

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears or the Company Corporation shall be in default of in payment thereof, thereafter and until all accrued accumulated and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A R Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A R Preferred Stock may have in such circumstances, the Company Corporation shall not

Appears in 1 contract

Samples: Rights Agreement (Dc Holdco Inc)

Certain Restrictions. (Aa) Whenever Preferential Dividends or Dividends are in arrears or the Company Corporation shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A D Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A D Preferred Stock may have in such circumstances, the Company Corporation shall not:

Appears in 1 contract

Samples: Rights Agreement (Columbia Laboratories Inc)

Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company Corporation shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company Corporation shall not

Appears in 1 contract

Samples: Rights Agreement (Usw-C Inc)

Certain Restrictions. (Ai) Whenever Preferential Dividends or Participating Dividends are in arrears arrears, whether or not declared, or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company shall not:

Appears in 1 contract

Samples: Rights Agreement (Hornbeck Offshore Services Inc /La)

Certain Restrictions. (A) Whenever Preferential Dividends or Participating Dividends are in arrears arrears, whether or not declared, or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Participating Dividends, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Preferred Stock may have in such circumstances, the Company shall not:

Appears in 1 contract

Samples: Rights Agreement (Hornbeck Offshore Services Inc /La)

Certain Restrictions. (A) Whenever Preferential Dividends or Dividends are in arrears or the Company shall be in default of payment thereof, thereafter and until all accrued and unpaid Preferential Dividends and Dividends, whether or not declared, on shares of Series A Junior Preferred Stock outstanding shall have been paid or set irrevocably aside for payment in full, and in addition to any and all other rights which any holder of shares of Series A Junior Preferred Stock may have in such circumstances, the Company shall not

Appears in 1 contract

Samples: Rights Agreement (Minerals Technologies Inc)

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