Common use of Designation and Amount Clause in Contracts

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000. 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 less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Pinnacle West Capital Corp), Rights Agreement (Pinnacle West Capital Corp)

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Designation and Amount. There shall be a The shares of this series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Junior Preferred Stock") and the number of shares constituting such series the Series A Junior Preferred Stock shall be 4,400,000twenty-five thousand (25,000). 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 Junior Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon conversion of outstanding securities issued by the Corporation.upon

Appears in 2 contracts

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

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,000400,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, howeverPROVIDED, that no decrease shall reduce the number of shares of Series A Participating Preferred Stock to less than the a number of shares then issued and outstanding plus reserved for issuance upon the number of shares issuable upon exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the Corporation.Corporation convertible into Series A

Appears in 2 contracts

Samples: Rights Agreement (Cole National Corp /De/), Rights Agreement (Cole National Corp /De/)

Designation and Amount. There The shares of such series shall be a series of Preferred Stock that shall be ---------------------- designated as "Series A Participating B Preferred Stock," (the "Series B Stock") and the number of shares constituting such series shall be 4,400,0003,000,000. Such The number of shares of Series B Stock may be increased or decreased by resolution of a vote duly adopted by the Board of Directors; provided, however, that no decrease shall reduce but may not be decreased below the number of shares of Series A Participating Preferred B Stock to less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon conversion of any outstanding securities issued by the Corporationconvertible into Series B Stock.

Appears in 2 contracts

Samples: Rights Agreement (Dynamics Research Corp), Rights Agreement (Dynamics Research Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," $.01 par value per share, and the number of shares constituting such series shall be 4,400,000one million (1,000,000). Such number of shares may be increased or decreased by resolution action of the Board of Directors; provided, however, 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Quintiles Transnational Corp), Rights Agreement (Quintiles Transnational Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Junior Preferred Stock," ("Series A Junior Preferred Stock") and the number of shares constituting such series shall be 4,400,0001,500,000. Such number of shares may be increased or decreased adjusted by resolution appropriate action of the Board of Directors; provided, however, that no decrease shall reduce the number of shares of Series A Participating Preferred Stock to less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Rowan Companies Inc), Rights Agreement (Rowan Companies Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,000one million two hundred thousand (1,200,000). 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 less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.A

Appears in 2 contracts

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

Designation and Amount. There shall be a The shares of this series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,00048,000. 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 issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.the

Appears in 2 contracts

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

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as Series A Junior Participating Preferred Stock (the "Series A Participating Preferred Stock," Preferred") and the number of shares constituting such series shall be 4,400,000the Series A Preferred is 500,000. 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 2 contracts

Samples: Rights Agreement (Dollar Thrifty Automotive Group Inc), Rights Agreement (Dollar Thrifty Automotive Group Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock,Preference Shares" (the "Series A Preference Shares"), and the number of shares constituting such series shall be 4,400,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, howeverPROVIDED, that no decrease shall reduce the number of shares of Series A Participating Preferred Stock Preference Shares to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preference Shares.

Appears in 2 contracts

Samples: Rights Agreement (Triton Energy LTD), Rights Agreement (Triton Energy Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,00050,000. 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 Junior Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, 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.

Appears in 2 contracts

Samples: Rights Agreement (Jakks Pacific Inc), Rights Agreement (Jakks Pacific Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "the “Series A ___ Junior Participating Cumulative Preferred Stock," ” par value $0.01 per share, and the number of shares constituting such series shall be 4,400,000____________. 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 __ Junior Participating Cumulative Preferred Stock to a number less than that of the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the CorporationCompany.

Appears in 2 contracts

Samples: Protection Rights Agreement (Post Holdings, Inc.), Protection Rights Agreement (Post Holdings, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,000Two Hundred Thousand (200,000). 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 less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.of

Appears in 2 contracts

Samples: Rights Agreement (Advanced Fibre Communications Inc), Rights Agreement (Advanced Fibre Communications Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Redeemable Convertible Preferred Stock," ” (the “Series A Preferred Stock”), and the number of shares constituting such series shall be 4,400,00010,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided(subject to Section 3.2 below), however, provided that no such increase shall increase the number of shares of the Series A Preferred Stock to a number higher than the total number of authorized shares of the class, and no such decrease shall reduce the number of shares of the Series A Participating Preferred Stock to less a number lower than the number of shares of such series then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporationoutstanding.

Appears in 2 contracts

Samples: Securities Purchase Agreement (SK Ecoplant Co., Ltd.), Securities Purchase Agreement (Bloom Energy Corp)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,0001,000,000. 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 less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the CorporationCompany.

Appears in 2 contracts

Samples: Rights Agreement (Centerpoint Energy Inc), Rights Agreement (Centerpoint Energy Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000349,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 2 contracts

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

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," par value $0.01 per share, and the number of shares constituting such series shall be 4,400,000200,000. Such number of shares share 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation 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. There shall be a series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,0002,000,000. 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 less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 2 contracts

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

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,0001,000,000. 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 issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.reserved for

Appears in 2 contracts

Samples: Rights Agreement (Offshore Logistics Inc), Rights Agreement (Offshore Logistics Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series SERIES A Participating Preferred Stock,PARTICIPATING PREFERRED STOCK." and the The number of shares constituting such series shall be 4,400,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Participating Preferred Stock.

Appears in 2 contracts

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

Designation and Amount. There shall be a The shares of this series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,00050,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, howeverPROVIDED, 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 issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.shares

Appears in 2 contracts

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

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Preference Stock," and the number of shares constituting such series shall be 4,400,00015,000. 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 Junior Participating Preferred Preference Stock to a number less than the number of shares then issued and outstanding plus reserved for issuance upon the number of shares issuable upon exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Junior Participating Preference Stock.

Appears in 2 contracts

Samples: Rights Agreement (South Jersey Industries Inc), Rights Agreement (South Jersey Industries Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A C Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000One Million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; providedPROVIDED, howeverHOWEVER, that no decrease shall reduce the number of shares of Series A C Junior Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series C Junior Participating Preferred Stock.

Appears in 2 contracts

Samples: Stockholder Rights Agreement (Alloy Inc), Stockholder Rights Agreement (Alloy Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred is Two Million (2,000,000). 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation and convertible into Series A Preferred.

Appears in 2 contracts

Samples: Rights Agreement (BBX Capital Corp), Rights Agreement (BFC Financial Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,000. Such 40,000 and 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 less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Dusa Pharmaceuticals Inc), Rights Agreement (Dusa Pharmaceuticals Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," par value $.01 per share, and the number of shares constituting such series shall be 4,400,000450,000. Such number of shares may be increased or decreased by resolution of the Board of Directors of the Corporation (the "Board of Directors"); provided, however, that no decrease shall reduce the number of shares of Series A Junior Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Junior Participating Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Dime Community Bancorp Inc), Rights Agreement (Dime Community Bancorp Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," par value $.0l per share, and the number of shares constituting such series shall be 4,400,00010,000. Such number of shares may be increased or decreased by resolution of the Board of Directors of the Company ("Board of Directors"); providedPROVIDED THAT, however, that no decrease shall reduce the number of shares of Series A Junior Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Junior Participating Preferred Stock.

Appears in 1 contract

Samples: Stockholder Protection Rights Agreement (First Federal Financial Bancorp Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000200,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Galera Therapeutics, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000100,000. 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Neenah Paper Inc)

Designation and Amount. There shall be a series of Preferred Stock that the voting preferred stock of the Company which shall be designated as the "Series A Participating B Junior Preferred Stock," $1.00 par value per share, and the number of shares constituting such series shall be 4,400,000Five Hundred Thousand (500,000). 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 B Junior Preferred Stock to a number less than that of the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (Coeur D Alene Mines Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A One Junior Participating Preferred Stock," (the "Series One Preferred Stock") and the number of shares constituting such series the Series One Preferred Stock shall be 4,400,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, provided that no decrease shall reduce the number of shares of Series A Participating One Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.of

Appears in 1 contract

Samples: Rights Agreement (Tetra Technologies Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as Series A Junior Preferred Stock ("Series A Participating Preferred Stock," ") and the number of shares constituting such series shall be 4,400,000300,000. Such number of shares may be increased or decreased adjusted by resolution appropriate action of the Board of Directors; provided, however, that no decrease shall reduce the number of shares of Series A Participating Preferred Stock to less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (First Community Corp /Tn/)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000100,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Participating Preferred Stock.

Appears in 1 contract

Samples: 382 Rights Agreement (Horizon Lines, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000180,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Blackbaud Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "the Series A Participating Preferred Stock (hereinafter referred to as “Series A Preferred Stock," ”) and the number of shares constituting such series shall be 4,400,000One Hundred Thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rights, options rights to purchase or warrants or upon conversion convert into shares of outstanding securities issued by the CorporationSeries A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Meadow Valley Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as Series A Junior Participating Preferred Stock (the "Series A Participating Preferred Stock," Preferred") and the number of shares constituting such series shall be 4,400,000the Series A Preferred is 250,000. 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Bibb Co /De)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,00080,000. 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 less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Varco International Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock, no par value," and the number of shares constituting such series shall be 4,400,000190,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsDirectors of the Corporation; 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Perceptron Inc/Mi)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,0006,000,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsDirectors of the Corporation; 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Sanchez Computer Associates Inc)

Designation and Amount. There shall be a The shares of this series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,00050,000. 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 issuable reserved for issuance upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.the

Appears in 1 contract

Samples: Rights Agreement (Remedy Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Junior Preferred Stock," and the number of shares constituting such series initially shall be 4,400,000300,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, that no decrease shall will reduce the number of shares of Series A Participating Junior Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into or exercisable for shares of Series A Junior Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (GigOptix, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred is One Million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, that no decrease shall will 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation and convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (BBX Capital Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as Series A Junior Participating Cumulative Preferred Stock, par value $0.01 per share (the "Series A Participating Preferred Stock," Preferred") and the number of shares constituting such series shall be 4,400,000Three Hundred Fifty Thousand (350,000). 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 reserved for issuance upon the number of shares issuable upon exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Usf Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,0001,000,000. 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 outstanding, plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Stock Purchase Agreement (Npowr Digital Media Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,00020,000. 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Ascena Retail Group, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," , par value $1.00 per share (the "SERIES A PREFERRED STOCK"), and the number of shares constituting such series shall be 4,400,00090,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; providedPROVIDED, howeverHOWEVER, 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 issuable reserved for issuance upon the exercise of any and all outstanding rightsoptions, options rights or warrants to purchase, or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Celadon Group Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000300,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Purple Innovation, Inc.)

Designation and Amount. There The shares of such series shall be a series of Preferred Stock that shall ---------------------- be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,0004,000,000]. 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into shares of Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Edwards Lifesciences Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Cumulative Preferred Stock," and (the "Series A Preferred Stock"). The number of shares initially constituting such series the Series A Preferred Stock shall be 4,400,000. Such number of shares may be increased or decreased by resolution of the Board of Directors200,000; provided, however, that no decrease shall reduce the number if more than a total of 200,000 shares of Series A Participating Preferred Stock to less than the number of shares then issued and outstanding plus the number of shares shall be issuable upon the exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.of

Appears in 1 contract

Samples: Rights Agreement (Kellstrom Industries Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000400,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Patterson Uti Energy Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000500,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Participating Preferred Stock.

Appears in 1 contract

Samples: 382 Rights Agreement (Windstream Holdings, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and (the "Series A Preferred Stock"); the number of shares constituting such series shall be 4,400,000Forty Thousand (40,000). 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany into Series A Preferred Stock. Section 2.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Ari Network Services Inc /Wi)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that ---------------------- shall be designated as "Series A Junior Participating Preferred Stock,, Series I" (the "Series I Preferred Stock") and the number of shares constituting such series the Series I Preferred Stock shall be 4,400,0001,500,000. 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 I Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.of

Appears in 1 contract

Samples: Rights Agreement (Valero Refining & Marketing Co)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," no par value, and the number of shares constituting such series shall be 4,400,000250,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, provided that no decrease shall reduce the number of shares of Series A Junior Participating Preferred Stock to a number less than that of the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (RTW Inc /Mn/)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "SERIES A PREFERRED STOCK") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,00035,000. Such number of shares may be increased or decreased by resolution vote 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Xionics Document Technologies Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series SERIES A Participating Preferred Stock,PARTICIPATING PREFERRED STOCK." and the The number of shares constituting such series shall be 4,400,000one million (1,000,000) shares. 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Participating Preferred Stock.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (CVB Financial Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,000two million (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 issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.then

Appears in 1 contract

Samples: Rights Agreement (Octel Communications Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred is 900,000. 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Kaiser Aluminum Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as Series A Junior Participating Preferred Stock" (the "Series A Participating Preferred Stock," ") and the number of shares constituting such series the Series A Stock shall be 4,400,000400,000. 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Stock.

Appears in 1 contract

Samples: Rights Agreement (Brake Headquarters U S a Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,000200,000. 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 issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.reserved

Appears in 1 contract

Samples: Rights Agreement (Dell Computer Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred stock" (the "Preferred Stock," ") and the number of shares constituting such series shall be 4,400,00015,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, howeverPROVIDED, that no decrease shall reduce the number of shares of Series A Participating Preferred Stock to a number less than that of the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporationoutstanding.

Appears in 1 contract

Samples: Rights Agreement (Georgia Gulf Corp /De/)

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Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,0003,500,000. 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into shares of Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Edwards Lifesciences Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," ” (the “Series A Preferred Stock”) and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,00010,000. 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon conversion of outstanding securities issued by the Corporationwarrants.

Appears in 1 contract

Samples: Rights Agreement (Tengasco Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,000500,000. 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 issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.reserved for

Appears in 1 contract

Samples: 3 Rights Agreement (New D&b Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as Series A Junior Participating Preferred Stock (the "Series A Participating Preferred Stock," Preferred") and the number of shares constituting such series shall be 4,400,000the Series A Preferred is 250,000. 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Bibb Co /De)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," par value $.01 per share, and the number of shares constituting such series shall be 4,400,000One Million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, provided that no decrease shall reduce the number of shares of Series A Junior Participating Preferred Stock to a number less than that of the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (CNS Inc /De/)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," par value $.01 per share, and the number of shares constituting such series shall be 4,400,000One Hundred Fifty Thousand (150,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, provided that no decrease shall reduce the number of shares of Series A Junior Participating Preferred Stock to a number less than that of the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Community First Bankshares Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,00025,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Westwood Holdings Group Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A F Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000260,000. 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 F Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into shares of Series F Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Federal Mogul Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as Series B Junior Participating Preferred Stock ("Series A Participating B Preferred Stock," ") and the number of shares constituting such series shall be 4,400,0005,000,000. Such number of shares may be increased or decreased adjusted by resolution appropriate action of the Board of Directors; provided, however, that no decrease shall reduce the number of shares of Series A Participating Preferred Stock to less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Dollar General Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000. 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Neenah Paper Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "the “Series A E Junior Participating Cumulative Preferred Stock," ” par value $0.01 per share, and the number of shares constituting such series shall be 4,400,000100,000. 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 E Junior Participating Cumulative Preferred Stock to a number less than that of the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the CorporationCompany.

Appears in 1 contract

Samples: Protection Rights Agreement (Ralcorp Holdings Inc /Mo)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the "SERIES A PREFERRED") and the number of shares constituting such series shall be 4,400,000the Series A Preferred is 600,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; providedPROVIDED, howeverHOWEVER, that no decrease shall will 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Penton Media Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," , par value $.01 per share (the "SERIES A PREFERRED STOCK"), and the number of shares constituting such series shall be 4,400,000750,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; providedPROVIDED, howeverHOWEVER, 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 issuable reserved for issuance upon the exercise of any and all outstanding rightsoptions, options rights or warrants or upon conversion of outstanding securities issued by the Corporation.to

Appears in 1 contract

Samples: Rights Agreement (Iturf Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany any convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (SWK Holdings Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as Series A Junior Participating Preferred Stock (the "Series A Participating Preferred Stock," Preferred") and the number of shares constituting such series shall be 4,400,000the Series A Preferred 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Washington Group International Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,00037,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Sandridge Energy Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Preference Stock," (the "Series A Preference Stock") and the number of shares constituting such series the Series A Preference Stock shall be 4,400,000150,000. 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 less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.no

Appears in 1 contract

Samples: 4 Rights Agreement (Connecticut Water Service Inc / Ct)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Junior Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series shall be 4,400,000500,000. Such number of shares of Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided, however, 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 issued and outstanding plus the number of shares issuable upon exercise of conversion of outstanding rights, options or warrants or upon conversion of outstanding other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Activision Inc /Ny)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred is 1,500,000. 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 1 contract

Samples: Section 382 Rights Agreement (Howard Hughes Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "the Series A Junior Participating Preferred Stock (hereinafter referred to as “Series A Preferred Stock," ”) and the number of shares constituting such series shall be 4,400,000One Hundred Thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rights, options rights to purchase or warrants or upon conversion convert into shares of outstanding securities issued by the CorporationSeries A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Management Network Group Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred is 220,000. 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany any convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Cosine Communications Inc)

Designation and Amount. There The shares of such series shall be a series of Preferred Stock that shall ---------------------- be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,0003,500,000. 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into shares of Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Edwards Lifesciences Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," , par value $.01 per share (the "SERIES A PREFERRED STOCK"), and the number of shares constituting such series shall be 4,400,000500,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; providedPROVIDED, howeverHOWEVER, 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 issuable reserved for issuance upon the exercise of any and all outstanding rightsoptions, options rights or warrants to purchase, or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into, Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Superior Telecom Inc)

Designation and Amount. There shall be a series of Preferred Stock that the voting preferred stock of the Company which shall be designated as "the “Series A Participating Preferred Stock," ” $0.0001 par value, and the number of shares constituting such series shall be 4,400,000two million (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 that of the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the CorporationCompany.

Appears in 1 contract

Samples: Merger Agreement (Kalahari Greentech Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,0005,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Participating Preferred Stock.

Appears in 1 contract

Samples: 382 Rights Agreement (GlassBridge Enterprises, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "the “Series A Junior Participating Cumulative Preferred Stock," ” par value $0.01 per share, and the number of shares constituting such series shall be 4,400,000100,000. 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 Junior Participating Cumulative Preferred Stock to a number less than that of the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the CorporationCompany.

Appears in 1 contract

Samples: Protection Rights Agreement (Post Holdings, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,000. 100,000 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 of Series A Preferred Stock then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporationoutstanding.

Appears in 1 contract

Samples: Rights Agreement (Ocz Technology Group Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A One Junior Participating Preferred Stock," (the "Series One Preferred Stock") and the number of shares constituting such series the Series One Preferred Stock shall be 4,400,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, provided that no decrease shall reduce the number of shares of Series A Participating One Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation.exercise

Appears in 1 contract

Samples: Rights Agreement (Zonagen Inc)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Comscore, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred is 3,675,000. 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Sunpower Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,0001,000,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Participating Preferred Stock.

Appears in 1 contract

Samples: 382 Rights Agreement (Imation Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000150,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Participating Preferred Stock.

Appears in 1 contract

Samples: 382 Rights Agreement (WESTMORELAND COAL Co)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," (the "Series A Preferred Stock") and the number of shares constituting such series the Series A Preferred Stock shall be 4,400,000100,000. Such number of shares may be increased or decreased by resolution vote 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 issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Uromed Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000250,000. 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Quotient Technology Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred is five hundred thousand (500,000). 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany and convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Woodbridge Holdings Corp (Formerly Levitt Corp))

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall will be designated as "Series A Junior Participating Preferred Stock," Stock (the “Series A Preferred”) and the number of shares constituting such series shall be 4,400,000the Series A Preferred is [2,175,000]. 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 Participating Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCompany convertible into Series A Preferred.

Appears in 1 contract

Samples: Rights Agreement (Sunpower Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A C Junior Participating Preferred Stock," and the number of shares constituting such series shall be 4,400,000300,000. 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 C Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series C Preferred Stock.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Purple Innovation, Inc.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A Junior Participating Preferred Stock," Preference Shares” (the “Series A Preference Shares”) and the number of shares constituting such series Series A Preference Shares shall be 4,400,000sixty thousand (60,000). Such number of shares may be increased or decreased by resolution of the Board of Directorsprior to issuance; provided, however, that no decrease shall reduce the number of shares of Series A Participating Preferred Stock Preference Shares to a number less than the number of shares then issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rightsoptions, options rights or warrants or upon the conversion of any outstanding securities issued by the CorporationCorporation convertible into Series A Preference Shares.

Appears in 1 contract

Samples: Rights Agreement (Arlington Tankers Ltd.)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as the Series A Junior Participating Preferred Stock (hereinafter referred to as "Series A Participating Preferred Stock," ") and the number of shares constituting such series shall be 4,400,000One Hundred Thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, 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 issued and outstanding plus the number of shares issuable reserved for issuance upon the exercise of outstanding rights, options rights to purchase or warrants or upon conversion convert into shares of outstanding securities issued by the CorporationSeries A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Management Network Group Inc)

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