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 Junior Participating Preferred Stock," and the number of shares constituting such series shall be 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 Junior 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 18 contracts

Samples: Rights Agreement (Comverse, Inc.), Rights Agreement (Com21 Inc), Rights Agreement (Claires Stores Inc)

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Designation and Amount. There 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 100,000300,000. 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 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 8 contracts

Samples: Rights Agreement (Vignette Corp), Rights Agreement (Citation Corp /Al/), Rights Agreement (Innovative Valve Technologies Inc)

Designation and Amount. There 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 100,00050,000. 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 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 7 contracts

Samples: Rights Agreement (Lipocine Inc.), Rights Agreement (Valmont Industries Inc), Rights Agreement (Valmont Industries Inc)

Designation and Amount. There 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 100,0001,000,000. 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 Junior 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 6 contracts

Samples: Rights Agreement (Ahmanson H F & Co /De/), Rights Agreement (Devon Delaware Corp), Rights Agreement (Kirby Corp)

Designation and Amount. There 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 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 Junior 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 6 contracts

Samples: Rights Agreement (Staffing 360 Solutions, Inc.), Tax Benefits Preservation Plan (Tidewater Inc), Rights Agreement (Chico's Fas, Inc.)

Designation and Amount. There 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 100,00050,000. 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 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 6 contracts

Samples: Rights Agreement (Lipocine Inc.), Rights Agreement (Dave & Buster's Entertainment, Inc.), Rights Agreement (Red Robin Gourmet Burgers Inc)

Designation and Amount. There 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 100,000200,000. 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 Junior 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 5 contracts

Samples: Rights Agreement (Egl Inc), Rights Agreement (C Cor Net Corp), Rights Agreement (Orius Corp)

Designation and Amount. There 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 100,000800,000. 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 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 4 contracts

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

Designation and Amount. There 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 100,00010,000. 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 Junior 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 4 contracts

Samples: Rights Agreement (Old Second Bancorp Inc), Rights Agreement (Questron Technology Inc), Rights Agreement (Diversified Corporate Resources Inc)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Series A B Junior Participating Preferred Stock," and the number of shares constituting such series shall be 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 B Junior 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 4 contracts

Samples: Tax Benefits Preservation Plan (CarParts.com, Inc.), Tax Benefits Preservation Plan (CarParts.com, Inc.), Section 382 Rights Agreement (BioFuel Energy Corp.)

Designation and Amount. There 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 100,000500,000. 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 Junior 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 4 contracts

Samples: Rights Agreement (Solitron Devices Inc), Rights Agreement (Dawson Geophysical Co), Rights Agreement (Lear Corp)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Series A C Junior Participating Convertible Preferred Stock," and the number of shares constituting such series shall be 100,0001,000,000. 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 C Junior Participating Convertible 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 3 contracts

Samples: Rights Agreement (Quanta Services Inc), Rights Agreement (Quanta Services Inc), Rights Agreement (Quanta Services Inc)

Designation and Amount. There 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 100,00070,000. 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 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 3 contracts

Samples: Rights Agreement (Nine West Group Inc /De), Rights Agreement (Nine West Group Inc /De), Rights Agreement (Cross Timbers Oil Co)

Designation and Amount. There 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 100,000500,000. 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 Junior 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 3 contracts

Samples: Rights Agreement (Imperial Sugar Co /New/), Rights Agreement (Halter Marine Group Inc), Rights Agreement (Dril-Quip Inc)

Designation and Amount. There 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 100,000250,000. 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 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 3 contracts

Samples: Rights Agreement (Intertrust Technologies Corp), Rights Agreement (Brillian Corp), Rights Agreement (Redback Networks Inc)

Designation and Amount. There shall be a series of the Preferred Stock that of the Corporation which shall be designated as the "Series A Junior Participating Preferred Stock, Series D," $1.00 par value, and the number of shares constituting such series shall be 100,0006,000,000. 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 Junior Participating Preferred Stock Stock, Series D, 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 3 contracts

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

Designation and Amount. There 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 100,000400,000. 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 Junior 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 3 contracts

Samples: Rights Agreement (LTC Healthcare Inc), Rights Agreement (Us Concrete Inc), Rights Agreement (Bombay Company Inc)

Designation and Amount. There 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 100,00030,000. 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 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 (Asta Funding Inc), Rights Agreement (Evans & Sutherland Computer Corp)

Designation and Amount. There 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 100,000325,000. 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 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: Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Radian Group Inc)

Designation and Amount. There 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 100,00018,666. 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 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: Section 382 Rights Agreement (Parker Drilling Co /De/), Rights Agreement (Parker Drilling Co /De/)

Designation and Amount. There shall be a series of Preferred Stock Shares that shall be designated as "Series A Junior Participating Preferred StockShares," and the number of shares constituting such series shall be 100,00010,000. 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 Junior Participating Preferred Stock Shares 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 (Alteva, Inc.), Rights Agreement (Alteva, Inc.)

Designation and Amount. There 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 100,000600,000. 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 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 (Administaff Inc \De\), Section 382 Rights Agreement (Us Concrete Inc)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Series A B Junior Participating Preferred Stock," and the number of shares constituting such series shall be 100,00020,000. 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 B Junior 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 (Wave Technologies International Inc), Rights Agreement (Wave Technologies International Inc)

Designation and Amount. There 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 100,0002,000,000. 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 Junior 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 (Devon Holdco Corp), Rights Agreement (Luminex Corp)

Designation and Amount. There 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 100,000400,000. 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 Junior Participating Preferred Stock to less than the number of shares then issued and outstanding plus the number of shares shares A-1 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 (Houston Exploration Co), Rights Agreement (Houston Exploration Co)

Designation and Amount. There 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 100,0002,000,000. 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 Junior 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 (Lone Pine Resources Inc.), Rights Agreement (Hercules Offshore, Inc.)

Designation and Amount. There 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 100,00050,000. 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 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 (Itex Corp), Rights Agreement (Itex Corp)

Designation and Amount. There 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 100,000250,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided, however, that no decrease thereof shall reduce the number of shares of Series A Junior Participating Preferred Stock to less than the number of shares thereof then issued and outstanding plus the number of shares thereof 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 (Volcano CORP), Rights Agreement (Volcano CORP)

Designation and Amount. There 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 100,0008,000. 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 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 (Fidelity Bancorp Inc /De/), Rights Agreement (Fidelity Bancorp Inc /De/)

Designation and Amount. There 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 100,00010,000,000. 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 Junior 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 (TreeHouse Foods, Inc.), Rights Agreement (TreeHouse Foods, Inc.)

Designation and Amount. There 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 100,000225,000. 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 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 (Ballantyne of Omaha Inc), Rights Agreement (Ballantyne of Omaha Inc)

Designation and Amount. There 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 100,000350,000. 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 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.plus

Appears in 2 contracts

Samples: Rights Agreement (Birmingham Steel Corp), Rights Agreement (Birmingham Steel Corp)

Designation and Amount. There 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 100,0004,400. 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 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 (Specialty Catalog Corp), Rights Agreement (Specialty Catalog Corp)

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 B Junior Participating Preferred Stock," no par value, and the number of shares constituting such series shall be 100,000Two 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 B 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 CorporationCompany.

Appears in 2 contracts

Samples: Rights Agreement (Mercantile Bancorporation Inc), Rights Agreement (Mercantile Bancorporation Inc)

Designation and Amount. There 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 100,00055,000. 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 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 (Ixc Communications Inc), Rights Agreement (Ixc Communications Inc)

Designation and Amount. There 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 100,0001,000,000. 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 Junior 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 (Swift Energy Co), Rights Agreement (Swift Energy Co)

Designation and Amount. There 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 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 Junior 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 (Pervasive Software Inc), Rights Agreement (Fortune Petroleum Corp)

Designation and Amount. There 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 100,0004,000,000. 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 Junior 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 (Pride International Inc), Rights Agreement (Pride International Inc)

Designation and Amount. There 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 100,00030,000. 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 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 (Vanda Pharmaceuticals Inc.), Rights Agreement (Vanda Pharmaceuticals Inc.)

Designation and Amount. There 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 100,000,000. 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 Junior 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 (Gametech International Inc), Rights Agreement (Gametech International Inc)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as "the “Series A A-1 Junior Participating Preferred Stock," ” par value $0.01 per share, and the number of shares constituting such series shall be 100,0001,400,000. 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 A-1 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 CorporationCompany.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc), Rights Agreement (Reinsurance Group of America Inc)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A Junior Participating Preferred Stock," no par value, and the number of shares constituting such series shall be 100,0001,000,000. 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 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 CorporationCompany.

Appears in 2 contracts

Samples: Rights Agreement (Leggett & Platt Inc), Rights Agreement (Furniture Brands International Inc)

Designation and Amount. There 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 100,000260,000. 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 Junior 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: Tax Benefits Preservation Plan (Tetra Technologies Inc), Tax Benefits Preservation Plan (Tetra Technologies Inc)

Designation and Amount. There 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 100,0002,750. 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 Junior 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 (First National Bancorp Inc /Il/), Rights Agreement (First National Bancorp Inc /Il/)

Designation and Amount. There 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 100,0001,000,000. 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 Junior 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 (Metropcs Communications Inc), Rights Agreement (Metropcs Communications Inc)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A C Junior Participating Preferred Stock," no par value, and the number of shares constituting such series shall be 100,0003,000,000. 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 C 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 CorporationCompany. 2 Section 2.

Appears in 2 contracts

Samples: Rights Agreement (Amerco /Nv/), Rights Agreement (Amerco /Nv/)

Designation and Amount. There shall be a 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 100,000300,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsDirectors of the Company (the “Board”); provided, however, that no decrease shall reduce the number of shares of Series A C Junior 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: Section 382 Rights Agreement (Vringo Inc), Section 382 Rights Agreement (Vringo Inc)

Designation and Amount. There 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 100,000200,000. 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 Junior 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 (Hertz Corp), Rights Agreement (Hologic Inc)

Designation and Amount. There 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 100,00056,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsDirectors and filing of a Certificate of Amendment to the Certificate of Incorporation of the Company; provided, however, that no decrease shall reduce the number of shares of Series A Junior 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 (Hubbell Inc), Rights Agreement (Hubbell Inc)

Designation and Amount. There shall be a series of Preferred Stock that the preferred stock of the Company which shall be designated as the "Series A I Junior Participating Preferred Stock," par value $0.01 per share, and the number of shares constituting such series shall be 100,000One 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 reduce the number of shares of Series A I 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 CorporationCompany.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Maverick Tube Corporation), Shareholder Rights Agreement (Maverick Tube Corporation)

Designation and Amount. There 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 100,0006,000. 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 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 (Landmark Bancorp Inc), Rights Agreement (Styling Technology Corp)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A Junior Participating Preferred Stock," par value $0.001 per share, and the number of shares constituting such series shall be 100,0005,000. 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 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: Rights Agreement (SCS Transportation Inc), Rights Agreement (SCS Transportation Inc)

Designation and Amount. There 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 100,000250,000. 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 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.Series

Appears in 1 contract

Samples: Rights Agreement (Andrx Corp /De/)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A B Junior Participating Preferred Stock," par value $10.00 per share, and the number of shares constituting such series shall be 100,000Five 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 B 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 CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (Shorewood Packaging Corp)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A H Junior Participating Preferred Stock," par value $1.00 per share, and the number of shares constituting such series shall be 100,000200,000. 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 H 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 CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (Hearx LTD)

Designation and Amount. There 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 100,000150,000. 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 Junior 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 (Quad Systems Corp /De/)

Designation and Amount. There 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 100,0003,500. 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 Junior 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 (Kankakee Bancorp Inc)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A Junior Participating Preferred Stock," par value $0.01 per share, and the number of shares constituting such series shall be 100,000200,000. 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 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 CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (Vistacare, 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," no par value, and the number of shares constituting such series shall be 100,000250,000. 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 series of the Preferred Stock that which shall be designated as the "Series A One Junior Participating Preferred Stock," par value $0.01 per share, and the number of shares constituting such series shall be 100,0001,000,000. 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 One 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 CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (Arch Coal Inc)

Designation and Amount. There 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 100,000116,000. 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 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 (Aviation Sales Co)

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Designation and Amount. There 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 100,00015,000. 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 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 (Matrix Bancorp Inc)

Designation and Amount. There 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 100,00016,000. 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 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 (Heartland Financial Usa Inc)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Series A B Junior Participating Preferred Stock," and the number of shares constituting such series shall be 100,00010,000. 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 B Junior 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 (QCR Holdings Inc)

Designation and Amount. There 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 100,00050,000. 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 less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options options, or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Marinemax Inc)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A Junior Participating Preferred Stock," par value $.01 per share, and the number of shares constituting such series shall be 100,000One Hundred Fifty Thousand (150,000). 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 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 (Kentucky Electric Steel Inc /De/)

Designation and Amount. There 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 100,00080,000. 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 Junior 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.exercise

Appears in 1 contract

Samples: Rights Agreement (Teltrend Inc)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Class 1 Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 100,00013,500,000. 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 Class 1 Series A Junior 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 (Wit Capital Group Inc)

Designation and Amount. There shall be a series of Preferred Stock that Stock, par value $1.00 per share, of the Corporation which shall be designated as "Series A Junior Participating Preferred Stock," par value $1.00 per share, and the number of shares constituting such series shall be 100,0001,000,000. 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 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.. 62

Appears in 1 contract

Samples: Rights Agreement (Cabot Corp)

Designation and Amount. There 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 100,0001,200,000. 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 Junior 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 (Insperity, Inc.)

Designation and Amount. There shall be a 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 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 C Junior 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 (Firstplus Financial Group Inc)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A C Junior Participating Preferred Stock," par value $0.01 per share, and the number of shares constituting such series shall be 100,000170,000. 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 C 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 CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (Mobile Mini Inc)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A 4 Junior Participating Preferred Stock," par value $.01 per share, and the number of shares constituting such series shall be 100,0004,850,000. 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 4 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 CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (Worldcom Inc/ga//)

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 100,000One 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 series of the Preferred Stock that which shall be designated as "the “Series A B-1 Junior Participating Preferred Stock," ” par value $0.01 per share, and the number of shares constituting such series shall be 100,000300,000. 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 B-1 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 CorporationCompany.

Appears in 1 contract

Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc)

Designation and Amount. There shall be a series Two hundred fifty thousand (250,000) shares of Preferred Stock that shall be Stock, without par value, are designated as "Series A Junior Participating Preferred Stock," with the rights, preferences, privileges and restrictions specified herein (the number of shares constituting such series shall be 100,000"Junior Preferred Stock"). 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 conversion of any outstanding securities issued by the CorporationCorporation convertible into Junior Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Asyst Technologies Inc /Ca/)

Designation and Amount. There 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 100,000408,000. 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 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 (Cabot Oil & Gas Corp)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Series A B Junior Participating Preferred Stock," and the number of shares constituting such series shall be 100,0002,000,000. 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 B Junior 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 (Depomed Inc)

Designation and Amount. There 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 100,00018,544. 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 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.. CORPDAL:63568.5 15467-00006 A - 1

Appears in 1 contract

Samples: Rights Agreement (Cairn Energy Usa Inc)

Designation and Amount. There 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 100,000___,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 Junior 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 (Brillian Corp)

Designation and Amount. There 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 100,00065,000. 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 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 (Capital Senior Living Corp)

Designation and Amount. There 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 100,00045,000. 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 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 (Forte Software Inc \De\)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A Junior Participating Preferred Stock," par value $0.01 per share, and the number of shares constituting such series shall be 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 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 CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (United Therapeutics Corp)

Designation and Amount. There shall be a The shares of such series of Preferred Stock that shall be designated as "Series A B Junior Participating Preferred Stock," and the number of shares constituting such series shall be 100,00040,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided, however, that no such decrease shall reduce the number of shares of the Series A B Junior 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 warrants, or upon conversion of any outstanding securities issued by the CorporationCorporation convertible into Series B Junior Participating Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Silverbow Resources, Inc.)

Designation and Amount. There 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 100,00016,000. 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 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 (Francesca's Holdings CORP)

Designation and Amount. There 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 100,00025,000. 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 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 (Family Golf Centers Inc)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Class 2 Series A Junior Participating Preferred Stock," and the number of shares constituting such series shall be 100,0001,500,000. 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 Class 2 Series A Junior 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 (Wit Capital Group Inc)

Designation and Amount. There shall be a 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 100,00010,000. 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 C Junior 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 (Quixote Corp)

Designation and Amount. There 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 100,0009,000. 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 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: Tax Benefits Preservation Plan (XWELL, Inc.)

Designation and Amount. There shall be a series of the Preferred Stock that which shall be designated as the "Series A 4 Junior Participating Preferred Stock," par value $.01 per share, and the number of shares constituting such series shall be 100,0005,000,000. 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 4 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 CorporationCompany.

Appears in 1 contract

Samples: Restated Rights Agreement (Worldcom Inc/ga//)

Designation and Amount. There 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 100,00060,000. 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 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 (BHC Financial Inc)

Designation and Amount. There 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 100,000[756,000]. 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 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 (Todco)

Designation and Amount. There 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 100,000175,000. 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 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 (PharMerica CORP)

Designation and Amount. There 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 100,00012,500. 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 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 (Giant Group LTD)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Series A B Junior Participating Preferred Stock," and the number of shares constituting such series shall be 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 B Junior 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 (Affymetrix Inc)

Designation and Amount. There 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 100,00010,000. 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 Junior 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 options, or warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Kona Grill Inc)

Designation and Amount. There 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 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 Junior 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: Qualified Offer Plan Rights Agreement (Tenneco Packaging Inc)

Designation and Amount. There shall be a series of Preferred Stock that shall be designated as "Series A D Junior Participating Preferred Stock," and the number of shares constituting such series shall be 100,00040,000. 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 D Junior 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 (LTC Properties Inc)

Designation and Amount. There 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 100,0002,000,000. 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 Junior 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 (Hercules Offshore, L.L.C.)

Designation and Amount. There 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 100,000175,547,615. 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 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 (Silver Star Properties Reit, Inc)

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