Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 19 contracts
Samples: Series D Preferred Stock Purchase Agreement (Combichem Inc), Series a Preferred Stock Purchase Agreement (Rhythms Net Connections Inc), Stock Purchase Agreement (Aerogen Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 17 contracts
Samples: Series D Preferred Stock Purchase Agreement (Neothetics, Inc.), Preferred Stock Purchase Warrant (Zoosk, Inc), Share Purchase Agreement (WhiteSmoke, Inc.)
Dividend Rights. Subject to the prior rights of holders of all --------------- classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 11 contracts
Samples: Warrant Agreement (Corsair Communications Inc), Loan and Security Agreement (Corsair Communications Inc), Loan and Security Agreement (Corsair Communications Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, if and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 5 contracts
Samples: Preferred Stock Warrant Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the this corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 5 contracts
Samples: 10 K Annual Report, Loan Agreement (Wintegra Inc), Loan Agreement (Wintegra Inc)
Dividend Rights. Subject to the prior rights of holders of all --------------- classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, pro rata with Preferred Stock out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement (Avantgo Inc), Series D Preferred Stock Purchase Agreement (Avantgo Inc), Series a Preferred Stock Purchase Agreement (Avantgo Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends dividends, distributed ratably among the holders of the Common Stock in proportion to the number of shares of such Common Stock owned by each such holder, as may be declared from time to time by the Board of Directors.
Appears in 3 contracts
Samples: Business Combination Agreement (T-Mobile US, Inc.), Business Combination Agreement (SPRINT Corp), Business Combination Agreement (Metropcs Communications Inc)
Dividend Rights. Subject to the prior rights of holders of all --------------- classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Xenogen Corp), Agreement and Plan of Reorganization (Xenogen Corp), Joint Venture Agreement (Chemdex Corp)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation this Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Research Collaboration and License Agreement (Vitae Pharmaceuticals, Inc), Research Collaboration and License Agreement (Vitae Pharmaceuticals, Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of DirectorsBoard, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of DirectorsBoard.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Adknowledge Inc), Series D Preferred Stock Purchase Agreement (Adknowledge Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Cytel Corp/De), Series B 1 Preferred Stock Purchase Agreement (Cytel Corp/De)
Dividend Rights. Subject to the prior rights of holders of shares of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends dividends, if any, as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Genomic Solutions Inc), Series C Preferred Stock Purchase Agreement (Genomic Solutions Inc)
Dividend Rights. Subject to the prior rights of the holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of or the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: License Agreement (Orexigen Therapeutics, Inc.), License Agreement (Orexigen Therapeutics, Inc.)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receivereceive noncumulative dividends, when when, as and as if declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Warrant Agreement (Mavenir Systems Inc), Warrant Agreement (Mavenir Systems Inc)
Dividend Rights. Subject Holders of shares of Common Stock shall be entitled to receive, when, as and if declared by the Company’s Board of Directors (the “Board of Directors”), out of any assets of the Corporation legally available therefor, any dividends as may be declared from time to time by the Board of Directors, subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp), Merger Agreement (Eon Communications Corp)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets funds of the corporation Corporation legally available therefor, if, as and when declared, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board unanimous vote or written consent of Directorsthe Board, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of DirectorsBoard.
Appears in 1 contract
Samples: Merger Agreement (Adknowledge Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of Directors, out of any assets of the this corporation legally available therefor, such any dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of DirectorsBoard, out of any assets of the this corporation legally available therefor, such any dividends as may be declared from time to time by the Board of DirectorsBoard.
Appears in 1 contract
Samples: Consent, Waiver and Amendment Agreement (Valeritas Inc)
Dividend Rights. Subject to the prior rights fights of holders of all classes of stock shares at the time outstanding having prior rights as to dividends, the holders of the Common Stock Shares shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Company legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Samples: Class F Preferred Share Subscription and Purchase Agreement (Pivotal Corp)
Dividend Rights. Subject to the prior rights of holders --------------- of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Corsair Communications Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the unanimous vote or written consent of the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Dividend Rights. Subject to the prior rights of holders of all classes of stock shares at the time outstanding having prior rights as to dividends, the holders of the Common Stock Ordinary Shares shall be entitled to receive, when when, as and as if declared by the Board of Directors, out of any assets of the corporation Company legally available therefor, such any dividends as may be declared from time to time by the Board of DirectorsDirectors as provided in paragraph 10A(2) hereof.
Appears in 1 contract
Samples: Share Purchase Agreement (Longtop Financial Technologies LTD)
Dividend Rights. Subject to the prior rights of holders of all classes Preferred Stock and subject to any other provisions of stock at the time outstanding having prior rights as to dividendsthis Certificate or any amendment hereto, the holders of the Common Stock shall be entitled to receivereceive such dividends and other distributions in cash, when and stock or property of the Corporation as may be declared thereon by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared Directors from time to time by the Board of Directorstime.
Appears in 1 contract
Samples: Recapitalization and Merger Agreement (Wyndham International Inc)
Dividend Rights. Subject to Article IV.B.1 and the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation this Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Samples: Convertible Promissory Note Agreement (KeyOn Communications Holdings Inc.)
Dividend Rights. Subject to the prior rights of holders holder of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Company legally available therefortherefore, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Samples: Preferred Stock Purchase Warrant (Bayhill Therapeutics, Inc.)
Dividend Rights. Subject to the prior rights of the holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of or the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
