Common use of Covenant Regarding Capital Stock Clause in Contracts

Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths of a share of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 16 contracts

Samples: Rights Agreement (Polymedix Inc), Rights Agreement (Toreador Resources Corp), Rights Agreement (Polymedix Inc)

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Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths shares of a share of Preferred Common Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 5 contracts

Samples: Restated Rights Agreement (Thomas Group Inc), Rights Agreement (Thomas Group Inc), Rights Agreement (Texas New Mexico Power Co)

Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths shares of a share of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 2 contracts

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

Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths of a share of Preferred Stock (and, following the occurrence of a Triggering Event, Company Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 2 contracts

Samples: Rights Agreement (Eagle Materials Inc), Rights Agreement (Centex Construction Products Inc)

Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths thousandth of a share of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 2 contracts

Samples: Rights Agreement (Pegasus Systems Inc), Rights Agreement (Pegasus Systems Inc)

Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths hundredth of a share of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 2 contracts

Samples: Rights Agreement (Comstock Resources Inc), Rights Agreement (Comstock Resources Inc)

Covenant Regarding Capital Stock. The Company will take all -------------------------------- such action as may be necessary to ensure that all one one-thousandths of a share of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 1 contract

Samples: Rights Agreement (Cellstar Corp)

Covenant Regarding Capital Stock. The Company will take all such -------------------------------- action as may be necessary to ensure that all one one-thousandths of a share of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 1 contract

Samples: Rights Agreement (Cellstar Corp)

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Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths shares of a share of Preferred Common Stock (and, following the occurrence of a Triggering Event, Common Stock and/or Stock, or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 1 contract

Samples: Rights Agreement (Cash America International Inc)

Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths of a share of the Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 1 contract

Samples: Rights Agreement (Alamosa Holdings Inc)

Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths hundredths of a share of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 1 contract

Samples: Rights Agreement (Trinity Industries Inc)

Covenant Regarding Capital Stock. The Company will take all such action as may be necessary to ensure that all one one-thousandths of a share of Preferred Stock (and, following the occurrence of a Triggering Event, shares of Common Stock and/or other securities, as the case may be) delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.

Appears in 1 contract

Samples: Rights Agreement (Commercial Metals Co)

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