Common use of Designation and Amount Clause in Contracts

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 15 contracts

Samples: Rights Agreement (Vicinity Corp), Rights Agreement (Heritage Commerce Corp), Rights Agreement (W-H Energy Services Inc)

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Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 12 contracts

Samples: Rights Agreement (Delek US Holdings, Inc.), Rights Agreement (Acorda Therapeutics Inc), Reit Status Protection Rights Agreement (Iron Mountain Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 12 contracts

Samples: Rights Agreement (TRW Automotive Holdings Corp), Rights Agreement (New D&b Corp), Rights Agreement (Ims Health Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 8 contracts

Samples: Rights Agreement (Dexcom Inc), Rights Agreement (Edify Corp), Rights Agreement (Tsi International Software LTD)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 6 contracts

Samples: Rights Agreement (Veritas Software Corp /De/), Rights Agreement (Shaw Group Inc), Rights Agreement (Tj International Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000400,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 6 contracts

Samples: Rights Agreement (Pmi Group Inc), Rights Agreement (Mirage Resorts Inc), Rights Agreement (Foster Wheeler Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; providedPROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 6 contracts

Samples: Rights Agreement (Herbalife International Inc), Rights Agreement (Staples Inc), Rights Agreement (Piper Jaffray Companies)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" Stock (the "Series A Preferred Stock") ”), and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 6 contracts

Samples: Rights Agreement (El Pollo Loco Holdings, Inc.), Section 382 Rights Agreement (Gogo Inc.), Rights Agreement (Express, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 6 contracts

Samples: Tax Benefit Protection Plan Agreement (Integrated Electrical Services Inc), Rights Agreement (American Axle & Manufacturing Holdings Inc), Rights Agreement (American Axle & Manufacturing Holdings Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 6 contracts

Samples: Rights Agreement (Elantec Semiconductor Inc), Rights Agreement (McDonald & Co Investments Inc), Rights Agreement (Autozone Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 6 contracts

Samples: Renewed Rights Agreement (TCF Financial Corp), Rights Agreement (Daktronics Inc /Sd/), Preferred Stock Purchase Rights Agreement (CHS Electronics Inc)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 6 contracts

Samples: Rights Agreement (Expressjet Holdings Inc), Rights Agreement (Continental Airlines Inc /De/), Rights Agreement (Expressjet Holdings Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000250,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 5 contracts

Samples: Rights Agreement (Ballantyne Strong, Inc.), Rights Agreement (Syntroleum Corp), Rights Agreement (Cross Continet Auto Retailers Inc M&l)

Designation and Amount. The shares of such series shall be designated as "Series A B Junior Participating Preferred Stock" (the "Series A B Preferred Stock") and the number of shares constituting the Series A B Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A B Preferred Stock.

Appears in 5 contracts

Samples: Rights Agreement (Pharmchem Laboratories Inc), Rights Agreement (American Homestar Corp), Rights Agreement (Pharmchem Laboratories Inc)

Designation and Amount. The shares of such series shall will be designated as "Series A Junior Participating Preferred Stock" Stock (the "Series A Preferred Stock"Preferred”) and the number of shares constituting the Series A Preferred Stock shall be is 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided, however, that no decrease shall will reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company any convertible into Series A Preferred StockPreferred.

Appears in 5 contracts

Samples: Rights Agreement (SWK Holdings Corp), Rights Agreement (SWK Holdings Corp), Rights Agreement (Kana Software Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 5 contracts

Samples: Rights Agreement (Dillards Inc), Rights Agreement (Dillards Inc), Rights Agreement (Express Scripts Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000300,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation corporation convertible into Series A Preferred Stock.

Appears in 5 contracts

Samples: Rights Agreement (Cracker Barrel Old Country Store, Inc), Rights Agreement (Cracker Barrel Old Country Store, Inc), Rights Agreement (Cracker Barrel Old Country Store, Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" Stock (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be 1,000,000five hundred thousand (500,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 5 contracts

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

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000400,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 5 contracts

Samples: Rights Agreement (Allergan Inc), Rights Agreement (State Street Corp), Rights Agreement (Bluegreen Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 4 contracts

Samples: Rights Agreement (Compass Minerals International Inc), Rights Agreement (Dex Media Inc), Rights Agreement (Compass Minerals International Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 4 contracts

Samples: Rights Agreement (Republic Services Inc), Rights Agreement (I2 Technologies Inc), Rights Agreement (Cbot Holdings Inc)

Designation and Amount. The shares of such series shall be designated as "Series A B Junior Participating Preferred Stock" (the "Series A B Preferred Stock") and the number of shares constituting the Series A B Preferred Stock shall be 1,000,00050,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A B Preferred Stock.

Appears in 4 contracts

Samples: Rights Agreement (Innovative Solutions & Support Inc), Rights Agreement (AV Homes, Inc.), Rights Agreement (DSP Group Inc /De/)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00030,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 4 contracts

Samples: Rights Agreement (TXCO Resources Inc), Rights Agreement (Vivid Technologies Inc), Rights Agreement (Endovascular Technologies Inc)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00010,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 4 contracts

Samples: Rights Agreement (Pc Service Source Inc), Rights Agreement (Ich Corp /De/), Rights Agreement (Panchos Mexican Buffet Inc /De)

Designation and Amount. The shares of such series There shall be designated a series of preferred stock as "Series A B Junior Participating Preferred Stock" (the "Series A B Preferred Stock") and the number of shares constituting the Series A B Preferred Stock shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation corporation convertible into Series A B Preferred Stock.

Appears in 4 contracts

Samples: Merger Agreement (Oryx Energy Co), Merger Agreement (Kerr McGee Corp), Merger Agreement (Kerr McGee Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the ".” The Series A Participating Preferred Stock") Stock shall have a par value of $0.0001 per share, and the number of shares constituting the Series A Preferred Stock such series shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided, however, that no decrease shall reduce the number of shares of Series A Participating Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the exercise of any options, rights or warrants issuable upon conversion of any outstanding securities issued by the Corporation convertible into Series A Participating Preferred Stock.

Appears in 4 contracts

Samples: Preferred Shares Rights Agreement (China Biologic Products, Inc.), Preferred Shares Rights Agreement (China Biologic Products, Inc.), Preferred Shares Rights Agreement (Riverbed Technology, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 4 contracts

Samples: Rights Agreement (Navient Corp), Rights Agreement (Hexcel Corp /De/), Rights Agreement (Forest Oil Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 4 contracts

Samples: Rights Agreement (Curtiss Wright Corp), Rights Agreement (Curtiss Wright Corp), Rights Agreement (Curtiss Wright Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000400,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 4 contracts

Samples: Rights Agreement (Cadence Design Systems Inc), Rights Agreement (Cadence Design Systems Inc), Rights Agreement (Cognizant Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000600,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 4 contracts

Samples: Rights Agreement (Banknorth Group Inc/Me), Rights Agreement (Stride Rite Corp), Rights Agreement (Stride Rite Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00070,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Oakhurst Co Inc), Rights Agreement (Oakhurst Co Inc), Rights Agreement (Medtox Scientific Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00025,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Canaan Energy Corp), Rights Agreement (Ennis Business Forms Inc), Rights Agreement (GMX Resources Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0001,500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; providedPROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Aclara Biosciences Inc), Rights Agreement (Peabody Energy Corp), Rights Agreement (Allergan Inc)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000one hundred thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

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

Designation and Amount. The shares There is hereby created a series of such series Preferred Shares that shall be designated as "Series A Junior Participating Preferred Stock" ”, par value $.001 per share (the "Series A Preferred Stock") ”), and the number of shares constituting the Series A Preferred Stock such series shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Hudson Global, Inc.), Rights Agreement (Hudson Global, Inc.), Rights Agreement (Hudson Highland Group Inc)

Designation and Amount. The shares of such series shall be designated as "Series A C Junior Participating Preferred Stock" (the "Series A C Preferred Stock") and the number of shares constituting the Series A C Preferred Stock shall be 1,000,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.C

Appears in 3 contracts

Samples: Rights Agreement (Cytogen Corp), Rights Agreement (Cytogen Corp), Rights Agreement (Cytogen Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000150,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; providedPROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Resmed Inc), Rights Agreement (Ck Witco Corp), Rights Agreement (J2 Communications /Ca/)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock, Series B" (the "Series A B Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be 1,000,000250,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A B Preferred Stock.

Appears in 3 contracts

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

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00025,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Patina Oil & Gas Corp), Rights Agreement (Aeroflex Inc), Rights Agreement (Patina Oil & Gas Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00030,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of the Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into the Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Aep Industries Inc), Rights Agreement (Sunshine Heart, Inc.), Rights Agreement (Aep Industries Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock, Series A" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00020,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Clark/Bardes Holdings Inc), Rights Agreement (Clark/Bardes Holdings Inc), Rights Agreement (Clark/Bardes Holdings Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock, Series A" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00025,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (American Physicians Service Group Inc), Rights Agreement (American Physicians Service Group Inc), Rights Agreement (Gadzooks Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (MRV Communications Inc), Rights Agreement (Actuate Corp), Rights Agreement (Renovis Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion or exchange of any outstanding securities issued by the Corporation convertible into or exchangeable for shares of Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Water Pik Technologies Inc), Rights Agreement (Water Pik Technologies Inc), Rights Agreement (Water Pik Technologies Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00010,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (GCP Applied Technologies Inc.), Rights Agreement (Yum China Holdings, Inc.), Letter Agreement (Yum China Holdings, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be One Million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (QRS Corp), Rights Agreement (Trizetto Group Inc), Rights Agreement (Portal Software Inc)

Designation and Amount. The shares of such series shall be designated as "Series A D Junior Participating Preferred Stock" (the "Series A D Preferred Stock") and the number of shares constituting the Series A D Preferred Stock shall be 1,000,0003,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A D Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A D Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Northwest Airlines Corp), Rights Agreement (Northwest Airlines Corp), Rights Agreement (Newbridge Parent Corp)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Nn Inc), Rights Agreement (Bitstream Inc), Rights Agreement (Sight Resource Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0001,250,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion or exchange of any outstanding securities issued by the Corporation convertible into or exchangeable for shares of Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Teledyne Technologies Inc), Rights Agreement (Teledyne Technologies Inc), Rights Agreement (Teledyne Technologies Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock"Preferred”) and the number of shares constituting the Series A Preferred Stock shall be 1,000,00050,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred StockPreferred.

Appears in 3 contracts

Samples: Rights Agreement (Cubic Corp /De/), Tax Benefit Preservation Plan (New Home Co Inc.), Rights Agreement

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Harvard Industries Inc), Rights Agreement (Everen Capital Corp), Section 382 Rights Agreement (Conseco Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock"Preferred”) and the number of shares constituting the Series A Preferred Stock shall be 1,000,000800,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred StockPreferred.

Appears in 3 contracts

Samples: Rights Agreement (Accuride Corp), Rights Agreement (Accuride Corp), Rights Agreement (Accuride Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock"Preferred”) and the number of shares constituting the Series A Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred StockPreferred.

Appears in 3 contracts

Samples: Rights Agreement (AN2 Therapeutics, Inc.), Rights Agreement (Desktop Metal, Inc.), Merger Agreement (Stratasys Ltd.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000125,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Nabi Biopharmaceuticals), Rights Agreement (Nabi Biopharmaceuticals), Rights Agreement (A. H. Belo CORP)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement, Rights Agreement (Ultimate Software Group Inc), Rights Agreement (Ultimate Software Group Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; providedPROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Interpore International /Ca/), Rights Agreement (Collaborative Clinical Research Inc), Rights Agreement (Chart Industries Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock"Preferred”) and the number of shares constituting the Series A Preferred Stock shall be 1,000,000140,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred StockPreferred.

Appears in 3 contracts

Samples: Debt Conversion and Purchase and Sale Agreement (B. Riley Financial, Inc.), Tax Benefit Preservation Plan (Bebe Stores, Inc.), Tax Benefit Preservation Plan (ModusLink Global Solutions Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Ocean Energy Inc), Rights Agreement (Santa Fe Energy Resources Inc), Rights Agreement (Overture Services Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00022,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Medcath Corp), Rights Agreement (Medcath Corp)

Designation and Amount. The shares of such series shall be designated as "Series A B Junior Participating Preferred Stock" (the "Series A B Preferred Stock") and the number of shares constituting the Series A B Preferred Stock shall be 1,000,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A B Preferred Stock.

Appears in 2 contracts

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

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000600,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Administaff Inc \De\), Rights Agreement (Administaff Inc \De\)

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Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00010,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Gaylord Entertainment Co /De), Rights Agreement (Gaylord Entertainment Co /De)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" Shares” (the "Series A Preferred Stock"Shares”) and the number of shares constituting the Series A Preferred Stock Shares shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock Shares to a number less than the number of shares then issued and outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred StockShares.

Appears in 2 contracts

Samples: Rights Agreement (Sinovac Biotech LTD), Rights Agreement (Xyratex LTD)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be 1,000,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Target Corp), Rights Agreement (Target Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000350,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Zamba Corp), Rights Agreement (Layne Christensen Co)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00040,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Jan Bell Marketing Inc), Rights Agreement (Jan Bell Marketing Inc)

Designation and Amount. The shares of such series shall be designated as "Series A B Junior Participating Preferred Stock" (the "Series A B Preferred Stock") and the number of shares constituting the Series A B Preferred Stock shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A B Preferred Stock.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.), Rights Agreement (Celeris Corp)

Designation and Amount. The shares of such series shall be designated as "Series A A-1 Junior Participating Preferred Stock" (the "Series A A-1 Preferred Stock") and the number of shares constituting the Series A A-1 Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided, that no decrease shall reduce the number of shares of Series A A-1 Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A A-1 Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement, Rights Agreement (Contango ORE, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock, Series A" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Software Publishing Corp Holdings Inc), Rights Agreement (Software Publishing Corp Holdings Inc)

Designation and Amount. The shares of such series shall be designated as "Series A E Junior Participating Preferred Stock" (the "Series A E Preferred Stock") and the number of shares constituting the Series A E Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A E Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A E Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Lasersight Inc /De), Rights Agreement (Lasersight Inc /De)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0001,500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (John Bean Technologies CORP), Rights Agreement (John Bean Technologies CORP)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000forty thousand (40,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Repligen Corp), Rights Agreement (Repligen Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be 1,000,00020,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; , provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than that of the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Software Spectrum Inc), Rights Agreement (Software Spectrum Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Qep Resources, Inc.), Rights Agreement (Celanese CORP)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") par value $0.01 per share, and the number of shares constituting the Series A Preferred Stock such series shall be 1,000,000200,000. Such number of shares share may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Participating Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Participating Preferred Stock.

Appears in 2 contracts

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

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" Stock (the "Series A Preferred Stock") ”), and the number of shares constituting the Series A Preferred Stock shall be 1,000,000two million (2,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

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

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00050,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Loral Space & Communications Inc.), Rights Agreement (InfuSystem Holdings, Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0004,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Us Bancorp \De\), Rights Agent Agreement (Ameren Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") ”), and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Investors Title Co), Rights Agreement (Investors Title Co)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; providedPROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 2 contracts

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

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000600,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Dorian LPG Ltd.), Rights Agreement (Ascent Entertainment Group Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00075,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; providedPROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Leap Wireless International Inc), Rights Agreement (Leap Wireless International Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating D Preferred Stock" (the "Series A D Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be 1,000,000Six Hundred Thousand (600,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A D Preferred Stock to a number less than that of the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A D Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Rent a Center Inc De), Rights Agreement (Rent a Center Inc De)

Designation and Amount. The shares of such series Series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000400,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Haynes International Inc), Rights Agreement (Haynes International Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares initially constituting the Series A Preferred Stock shall be 1,000,00060,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") ), and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Investors Title Co), Rights Agreement (Investors Title Co)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0003,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Eastman Kodak Co), Rights Agreement (Verisign Inc/Ca)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Preference Stock" (the "Series A Preferred Preference Stock") and the number of shares constituting the Series A Preferred Preference Stock shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Preference Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Preference Stock.

Appears in 2 contracts

Samples: Rights Agreement (Medicis Pharmaceutical Corp), Rights Agreement (Medicis Pharmaceutical Corp)

Designation and Amount. The shares of such series shall be designated as "Series A G Junior Participating Preferred Stock" (the "Series A G Preferred Stock") and the number of shares constituting the Series A G Preferred Stock initially shall be 1,000,000450,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A G Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A G Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (PNC Financial Services Group Inc), Rights Agreement (PNC Financial Services Group Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000100,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsDirectors of the Company; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Kaydon Corp), Rights Agreement (Kaydon Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares initially constituting the the, Series A Preferred Stock shall be 1,000,00060,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,0001,500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, A-1 rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Westvaco Corp), Rights Agreement (Westvaco Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Preference Stock" (the "Series A Preferred Preference Stock") and the number of shares constituting the Series A Preferred Preference Stock shall be 1,000,000400,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Preference Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Preference Stock.

Appears in 2 contracts

Samples: Rights Agreement (Vulcan Materials Co), Rights Agent Agreement (Vulcan Materials Co)

Designation and Amount. The shares of such series shall be designated as "Series A L Junior Participating Preferred Stock" (the "Series A L Preferred Stock") and the number of shares constituting the Series A L Preferred Stock shall be 1,000,000600,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided, that no decrease shall reduce the number of shares of Series A L Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A L Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Arena Group Holdings, Inc.), Rights Agreement (theMaven, Inc.)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00025,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Pennichuck Corp), Rights Agreement (Pennichuck Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock"” (the “Series A Preferred Stock”) and the number of shares constituting the Series A Preferred Stock shall be 1,000,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (GTJ REIT, Inc.), Rights Agreement (GTJ REIT, Inc.)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,00050,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; providedPROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares shares A 1 reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Methode Electronics Inc), Rights Agreement (Methode Electronics Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 1,000,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Bj Services Co), Rights Agreement (Bj Services Co)

Designation and Amount. The shares designation of such the series of Preferred Stock created by this resolution shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") Stock and the number of shares constituting the such Series A Preferred Stock shall be 1,000,000is Twenty-Five Thousand (25,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by of the Corporation convertible into Series A Preferred Stockshares of this Series.

Appears in 2 contracts

Samples: Rights Agreement (Sovereign Bancorp Inc), Rights Agreement (Sovereign Bancorp Inc)

Designation and Amount. The shares of such series shall be designated as "Series A C Junior Participating Preferred Stock" (the "Series A C Preferred Stock") and the number of shares constituting the Series A C Preferred Stock shall be 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Series A C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series A C Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Highwoods Properties Inc), Rights Agreement (Highwoods Properties Inc)

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