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 (Heritage Commerce Corp), Ii Rights Agreement (Vicinity Corp), Rights Agreement (W-H Energy 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 ~~1,000,000~~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~~ Company convertible into Series A Preferred Stock.

Appears in 12 contracts

Samples: Rights Agreement (TRW Automotive Holdings Corp), Rights Agreement (New Dun & Bradstreet 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 1,000,000. 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), Iron Mountain Incorporated (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 ~~1,000,000~~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 8 contracts

Samples: Rights Agreement (Dexcom Inc), Rights Agreement (Resource Bancshares Mortgage Group Inc), 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 ~~1,000,000~~200,000. 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 Rights Agreement (Autozone Inc), Rights Agreement (Symantec Corp), Rights Agreement (Medcath 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 ~~1,000,000~~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 6 contracts

Samples: Rights Agreement (Veritas Software Corp), Rights Agreement (I2 Technologies Inc), Rights Agreement (Shaw 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 ~~1,000,000~~400,000. 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: Agreement (Mirage Resorts Inc), Rights Agreement (Foster Wheeler Corp), Rights Agreement (Pmi Group Inc)

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 ~~1,000,000~~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 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 ~~1,000,000~~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 6 contracts

Samples: 1998 Preferred Stock Purchase Rights Agreement (CHS Electronics Inc), Renewed Rights Agreement (TCF Financial Corp), Rights Agreement (CHS 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 1,000,000. 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 6 contracts

Samples: Rights Agreement (Gen Probe Inc), Rights Agreement (Herbalife International Inc), Rights Agreement (Staples 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 ~~1,000,000~~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~~ Company convertible into Series A Preferred Stock.

Appears in 6 contracts

Samples: 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~~ 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 ~~1,000,000~~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 6 contracts

Samples: Rights Agreement (Expressjet Holdings Inc), Rights Agreement (Continental Airlines Inc /De/), Rights Agreement (Continental Airlines 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 ~~1,000,000~~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 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 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~~300,000. 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), Cracker Barrel Old (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 ~~1,000,000~~five 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 ~~1,000,000~~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~~ Company convertible into Series A Preferred Stock.

Appears in 5 contracts

Samples: Rights Agreement (Dillards Inc), Rights Agreement (Dillards Inc), Rights Agreement (Neiman Marcus Group 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~~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 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 (American Homestar Corp), Rights Agreement (Neiman Marcus Group Inc), Rights Agreement (Neiman Marcus Group 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 Directors~~Board; 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 Stock~~Preferred.

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 ~~1,000,000~~400,000. 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 (Bluegreen Corp), Rights Agreement (State Street Corp)

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: Agreement and Plan of Merger (Kerr McGee Corp), Agreement and Plan of Merger (Kerr McGee Corp), Agreement and Plan of Merger (Oryx Energy 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 ~~1,000,000~~30,000. 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 (Scolr Inc), Rights Agreement (Endovascular 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 ~~1,000,000~~600,000. 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 (Peoples Heritage Financial Group Inc), Rights Agreement (Stride Rite Corp), Rights Agreement (Banknorth Group Inc/Me)

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~~2,000,000. 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 ~~1,000,000~~400,000. 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 (Cognizant Corp), 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 ~~1,000,000~~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 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 ~~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~~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~~ 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~~ 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 ~~1,000,000~~10,000. 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 (Panchos Mexican Buffet Inc /De), Rights Agreement (Pc Service Source 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 ~~1,000,000~~200,000. 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 (Compass Minerals International Inc), Rights Agreement (Dex Media 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~~50,000. 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 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~~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 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 ~~1,000,000~~150,000. 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 (Resmed Inc), Rights Agreement (J2 Communications /Ca/), Rights Agreement (Ck Witco 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~~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 the ~~Corporation~~ Company convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (GMX Resources Inc), Rights Agreement (Ennis Business Forms Inc), Rights Agreement (Canaan Energy 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~~70,000. 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 (Medtox Scientific Inc), Rights Agreement (Oakhurst Co Inc)

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 ~~1,000,000~~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 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 ~~1,000,000~~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 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 ~~1,000,000~~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~~ Company convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Overture Services Inc), Rights Agreement (Ocean Energy Inc), Rights Agreement (Santa Fe Energy Resources 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 ~~1,000,000~~3,000,000. 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 (Newbridge Parent Corp), Rights Agreement (Northwest Airlines Corp)

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 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~~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 (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, Series A" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be ~~1,000,000~~20,000. 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" ” (the "“Series A Preferred Stock"”) and the number of shares constituting the Series A Preferred Stock shall be ~~1,000,000~~125,000. 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 ~~1,000,000~~1,500,000. 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 (Allergan Inc), Rights Agreement (Aclara Biosciences Inc), Rights Agreement (Peabody Energy 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 ~~1,000,000~~one 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 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~~30,000. 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~~ 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 ~~1,000,000~~200,000. 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 ~~1,000,000~~1,250,000. 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") 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 (Everen Capital Corp), Rights Agreement (Harvard Industries Inc), 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 ~~1,000,000~~800,000. 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~~Preferred.

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") and the number of shares constituting the Series A Preferred Stock shall be ~~1,000,000~~500,000. 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 (Interpore International /Ca/), Rights Agreement (Chart Industries Inc), Rights Agreement (Collaborative Clinical Research 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 (Portal Software Inc), Rights Agreement (Trizetto 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"~~Preferred”) and the number of shares constituting the Series A Preferred ~~Stock~~ shall be ~~1,000,000~~50,000. 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~~Preferred.

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, Series A" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be ~~1,000,000~~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 the ~~Corporation~~ Company convertible into Series A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Gadzooks Inc), Rights Agreement (American Physicians Service Group Inc), Rights Agreement (American Physicians Service 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 ~~1,000,000~~200,000. 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"~~Preferred”) and the number of shares constituting the Series A Preferred ~~Stock~~ shall be ~~1,000,000~~140,000. 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~~Preferred.

Appears in 3 contracts

Samples: Tax Benefit Preservation Plan (Bebe Stores, Inc.), Sale Agreement (B. Riley Financial, 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 ~~1,000,000~~10,000,000. 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.), Investment 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 ~~1,000,000~~250,000. 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 (Regis Corp), Rights Agreement (Scpie 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 ~~1,000,000~~500,000. 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 (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 ~~1,000,000~~3,000,000. 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~~ 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 ~~1,000,000~~36,000. 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 (Bioclinica Inc), Rights Agreement (Bioclinica 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 ~~1,000,000~~15,000. 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 2 contracts

Samples: Rights Agreement (Vaalco Energy Inc /De/), Rights Agreement

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 ~~1,000,000~~300,000. 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 (Arbor Software Corp), Rights Agreement (Arbor Software Corp)

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 ~~1,000,000~~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~~ 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 (Fidelity Bancorp Inc), Rights Agreement (Fidelity Bancorp 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 ~~1,000,000~~20,000. 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 (Gensym Corp), Rights Agreement (Nu Horizons Electronics Corp)

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 1,000,000~~is 150,000. Such number of shares may be increased or decreased by resolution of the ~~Board of Directors~~Board; 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 convertible into the Series A ~~Preferred Stock~~Preferred.

Appears in 2 contracts

Samples: Rights Agreement (P10, Inc.), Rights Agreement (P10, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A ~~Junior~~ Participating Preferred Stock" , no par value (the "Series A Preferred Stock") and the number of shares constituting ~~the Series A Preferred Stock~~ such series shall be ~~1,000,000~~400,000. 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 (Owens Corning), Rights Agreement (Owens Corning)

Designation and Amount. The shares of ~~such~~ this series shall be designated as "Series ~~A Junior Participating~~ B Preferred Stock (the “Series B Preferred Stock~~" (the "Series A Preferred Stock")~~ ”), and the number of shares constituting the Series A B Preferred Stock shall be ~~1,000,000~~200,000. 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: Section 382 Rights Agreement (Carvana Co.), Section 382 Rights Agreement (Carvana 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 ~~1,000,000. Such~~ 20,000, and 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 (Malan Realty Investors Inc), Rights Agreement (Malan Realty Investors Inc)

Designation and Amount. The shares of such series of Preferred Stock shall be designated as "Series A ~~Junior~~ Participating Preferred Stock," ~~(the "Series A Preferred Stock")~~ par value $0.05 per share, and the number of shares constituting ~~the Series A Preferred Stock~~ such series shall be ~~1,000,000~~2,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; 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 issued and outstanding plus the number of shares ~~reserved for issuance~~ issuable upon ~~the~~ exercise of outstanding ~~options~~rights, ~~rights~~ options 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 (Culp Inc), Rights Agreement (Culp 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 ~~1,000,000~~25,000,000. 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 2 contracts

Samples: Rights Agreement (Equitrans Midstream Corp), 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~~22,000. 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 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~~10,000,000. 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 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~~60,000. 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 2 contracts

Samples: Rights Agreement (CAPSTONE TURBINE Corp), Rights Agreement (CAPSTONE TURBINE 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 Series A Preferred Stock shall be ~~1,000,000~~60,000. 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 (Corvel Corp), 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 ~~1,000,000~~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~~ 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") and the number of shares constituting ~~the Series A Preferred Stock~~ such series shall be ~~1,000,000~~20,000. 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 ~~1,000,000~~50,000. 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 (NSS Bancorp Inc), Rights Agreement (NSS Bancorp 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~~ such series shall be ~~1,000,000~~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 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 (Chaparral Steel CO), Rights Agreement (Chaparral Steel 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 ~~1,000,000~~1,500,000. 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 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 2 contracts

Samples: Rights Agreement (Diamondcluster International Inc), Freescale Semiconductor 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~~550,000. 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~~ Company convertible into Series A C Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Aramark Worldwide Corp), Rights Agreement (Aramark Worldwide 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~~1,500,000. Such number of shares may be increased or decreased by resolution of the ~~Board of Directors~~Board; 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. 2.

Appears in 2 contracts

Samples: Rights Agreement Rights Agreement (Northern Trust Corp), Rights Agreement Rights Agreement (Northern Trust 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~~600,000. 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~~ 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 (Nci Building Systems Inc), Rights Agreement (Nci Building Systems 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 ~~1,000,000~~600,000 shares. 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 (Provant Inc), Rights Agreement (Provant 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 ~~1,000,000~~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~~ Company convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (General Growth Properties Inc), Rights Agreement (General Growth Properties 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 ~~1,000,000~~225,000. 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 Share Purchase Rights Agreement (Crescent Operating Inc), Preferred Share Purchase Rights Agreement (Crescent Operating 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 ~~1,000,000~~300,000. 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 (Rock Bottom Restaurants Inc), Rights Agreement (Rock Bottom Restaurants 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 ~~1,000,000~~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 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\)

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~~75,000. 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 (Leap Wireless International Inc), Leap Wireless 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 ~~1,000,000~~4,000,000. 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: Agreement (Ameren Corp), Rights Agreement (Us Bancorp \De\)

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")~~ ' and the number of shares constituting ~~the~~ such Series ~~A Preferred Stock shall be 1,000,000~~is Thirty-Five Thousand (35,000). 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~~ of the Corporation convertible into ~~Series A Preferred Stock~~shares of this Series.

Appears in 2 contracts

Samples: Rights Agreement (National Penn Bancshares Inc), Rights Agreement (National Penn Bancshares 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 ~~1,000,000~~350,000. 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 (Bell Industries Inc /New/), Layne Christensen 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 ~~1,000,000~~600,000. 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 (Terran Orbital Corp), Rights Agreement (Terran Orbital 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~~400,000. Such number of shares may be ~~increased~~ in- creased 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 (Warner Lambert Co), Rights Agreement (Warner Lambert 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 ~~1,000,000~~100,000. Such number of shares may be increased or decreased by resolution of the Board of ~~Directors~~Directors 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 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~~50,000. 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~~ Company convertible into Series A C Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Neiman Marcus Group Inc), Rights Agreement (Neiman Marcus Group 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~~2,000. 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 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: Agreement and Plan of Merger (Hospitality Distribution Inc), Rights Agreement (Cec Entertainment 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 ~~1,000,000~~50,000. Such number of shares may be increased or decreased by resolution of the ~~Board of Directors~~Board; 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 ~~1,000,000~~350,000. 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 (Associates First Capital Corp), Rights Agreement (Associates First Capital 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~~2,600,000. 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 (New Century Energies Inc), Rights Agreement (New Century Energies Inc)

Common use of Designation and Amount Clause in Contracts