Common use of Designation and Number of Shares Clause in Contracts

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 4 contracts

Samples: Rights Agreement (Conrad Industries Inc), Rights Agreement (Bnccorp Inc), Rights Agreement (Horizon Offshore Inc)

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Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000800,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 4 contracts

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

Designation and Number of Shares. The shares of such series shall be designated as "Series A R Participating Cumulative Preferred Stock" (the "Series A R Preferred Stock"), and the number of shares constituting such series shall be 100,00028,000. Such number of shares of the Series A R Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A R Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 4 contracts

Samples: Exchange Agreement (Citigroup Inc), Exchange Agreement (Citigroup Inc), Tax Benefits Preservation Plan (Citigroup Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0001,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 3 contracts

Samples: Rights Agreement (McMoran Exploration Co /De/), Rights Agreement (Modem Media Inc), Rights Agreement (McMoran Exploration Co /De/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Florida East Coast Industries Inc), Rights Agreement (Vitesse Semiconductor Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Aventine Renewable Energy Holdings Inc), Rights Agreement (Callidus Software Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Gradall Industries Inc), Rights Agreement (Gradall Industries Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Tribune Publishing Co), Rights Agreement (Tribune Publishing Co)

Designation and Number of Shares. The shares There shall be a series of such series preferred stock that shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0004,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall reduce the number of shares of the Series A Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 2 contracts

Samples: Purchase Agreement (Internet America Inc), Purchase Agreement (Mihaylo Steven G)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000750,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Trans World Airlines Inc /New/), Rights Agreement (Burns International Services Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (E Trade Group Inc), Rights Agreement (E Trade Group Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided PROVIDED that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Thomas & Betts Corp), Rights Agreement (Thomas & Betts Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0002,500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (At&t Comcast Corp), Rights Agreement (Freeport McMoran Copper & Gold Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000175,106. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon upon A-1 exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Masco Corp /De/), Rights Agreement (Masco Corp /De/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,00014,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Pmi Group Inc), Tax Benefits Preservation Plan (Pmi Group Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000________. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Imagistics International Inc), Rights Agreement (Pitney Bowes Office Systems Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A D Participating Cumulative Preferred Stock" (the "Series A D Preferred Stock"), and the number of shares constituting such series shall be 100,000702,652. Such number of shares of the Series A D Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A D Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

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

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,0001,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Samples: Rights Agreement (Krispy Kreme Doughnuts Inc), Rights Agreement (Industrial Distribution Group Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A C Participating Cumulative Preferred Stock" (the "Series A C Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A C Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

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

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0001,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Triad Guaranty Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A C Participating Cumulative Preferred Stock" (the "Series A C Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A C Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Stratus Properties Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Preference Stock" (the "Series A Preferred B Preference Stock"), and the number of shares constituting such series shall be 100,0001,743,019. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred B Preference Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Sun Co Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,0001,200,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Imclone Systems Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,00098,184. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Egames Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A E Participating Cumulative Preferred Stock" (the "Series A Preferred StockSERIES E PREFERRED STOCK"), and the number of shares constituting such series shall be 100,000150,000. Such number of shares of the Series A E Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A E Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Whittaker Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Amerin Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,0001,200,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Imclone Systems Inc/De)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0002,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Darden Restaurants Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000[________]. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (McMoran Exploration Co /De/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000400,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (R H Donnelley Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"” (the “Series A Preferred Stock”), and the number of shares constituting such series shall be 100,000200,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (PGT Innovations, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A G Participating Cumulative Preferred Stock" (the "Series A G Preferred Stock"), and the number of shares constituting such series shall be 100,0002,000,000. Such number of shares of the Series A G Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A G Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Genta Inc De/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000250,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (Mascotech Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Suburban Lodges of America Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" Shares” (the "Series A B Preferred Stock"Shares”), and the number of shares constituting such series shall be 100,000750,000. Such number of shares of the Series A B Preferred Stock Shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock Shares to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the CorporationCompany.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (CLARIVATE PLC)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,0002,200,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Texas Instruments Inc)

Designation and Number of Shares. The shares There shall be a series of such series Preferred Stock that shall be designated as "Series A Participating Cumulative Convertible Preferred Stock" (the "Series A Preferred Stock"), ,” and the number of shares constituting such series shall be 100,0008,400 shares. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall reduce the number of shares of Series A Convertible Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Samples: Series C Preferred Stock and Warrant Purchase Agreement (VirtualScopics, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A C Participating Cumulative Preferred Stock" (the "Series A C Preferred Stock"), and the number of shares constituting such series shall be 100,0001,470,000. Such number of shares of the Series A C Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Williams Companies, Inc.)

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Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,00010,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Laboratory Corp of America Holdings)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,00040,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Steel Excel Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000250,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (American Italian Pasta Co)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000200,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Therasense Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Innotrac Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Florida East Coast Industries Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,0002,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (V F Corp /Pa/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,0001,500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Rj Reynolds Tobacco Holdings Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000150,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (First Security Group Inc/Tn)

Designation and Number of Shares. The shares of such series shall be designated as "Series A G Participating Cumulative Preferred Stock" Shares” (the "Series A G Preferred Stock"Shares”), and the number of shares constituting such series shall be 100,00035,200. Such number of shares of the Series A G Preferred Stock Shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A G Preferred Stock Shares to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Porter Bancorp, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000175,106. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Masco Corp /De/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" ”, with no par value per share (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000937,500. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (IHS Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000600,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (GAIN Capital Holdings, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" ", par value $0.01 per share (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (IHS Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000240,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Spirit Airlines, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0003,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Shareholder Protection Rights Agreement (Krispy Kreme Doughnuts Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock, par value $0.01 per share" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0004,400,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Nabisco Group Holdings Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the CorporationCompany.

Appears in 1 contract

Samples: Rights Agreement (Scientific Games Holdings Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series SERIES A Participating Cumulative Preferred StockPARTICIPATING CUMULATIVE PREFERRED STOCK" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (National Vision Associates LTD)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0001,500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided PROVIDED that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Stewart Enterprises Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000150,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Deltic Timber Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,00050,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (FTS International, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Rights Agreement (Piccadilly Cafeterias Inc)

Designation and Number of Shares. The shares There shall be a series of such series Preferred Stock that shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000575,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Samples: Stockholder Protection Rights Agreement (DMC Global Inc.)

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