Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized to issue is 5,000,000 shares, consisting of 4,000,000 shares of Class A Common Stock, par value $.01 per share and 1,000,000 shares of Class B Common Stock, par value $.01 per share.

Appears in 2 contracts

Samples: Joint Venture Agreement (Sequana Therapeutics Inc), Joint Venture Agreement (Sequana Therapeutics Inc)

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FOURTH. A. The total number of shares of all classes of stock which the Corporation is corporation shall be authorized to issue is 5,000,000 2,000 shares, consisting of 4,000,000 divided into 1,000 shares of Class A Common Stock, par value $.01 per share (herein called "Common Stock"), and 1,000,000 1,000 shares of Class B Common Preferred Stock, par value $.01 per shareshare (herein called "Preferred Stock").

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Newport News Shipbuilding Inc), Agreement and Plan of Merger (Northrop Grumman Corp /De/)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized corporation shall have authority to issue is 5,000,000 sharesFour Billion Twenty-Four Million (4,024,000,000), consisting of 4,000,000 Twenty Million (20,000,000) shares of Class A Preferred Stock without par value, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock, Stock of the par value of $.01 per share and 1,000,000 shares of Class B Common Stock, par value $.01 1-2/3 per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Norwest Corp), Agreement and Plan of Merger (Wells Fargo & Co)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares, consisting of 4,000,000 1,000 shares of Class A Common Stockcommon stock, par value $.01 0.01 per share and 1,000,000 shares of Class B (the “Common Stock, par value $.01 per share”). Each share of Common Stock is entitled to one vote.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Brigham Exploration Co), Agreement and Plan of Merger (Statoil Asa)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 705,000,000 shares, consisting of 4,000,000 (i) 700,000,000 shares of Class A Common Stock, $.01 par value per share ("Common Stock"), and (ii) 5,000,000 shares of Preferred Stock, $.01 par value per share and 1,000,000 shares of Class B Common ("Preferred Stock, par value $.01 per share)."

Appears in 1 contract

Samples: www.ir.akamai.com

FOURTH. The total number of shares of stock of all classes of stock which the Corporation is authorized has authority to issue is 5,000,000 1,015,000,000 shares, consisting of 4,000,000 which 1,000,000,000 shares shall be common stock, with a par value of $.0006 per share (“Common Stock”), and 15,000,000 shares shall be preferred stock, with a par value of $0.0006 per share (“Preferred Stock”). The designations and the powers, preferences and rights, and the qualifications, limitations or restrictions of the shares of Class A Common Stock, par value $.01 per share and 1,000,000 shares each class of Class B Common Stock, par value $.01 per share.stock are as follows:

Appears in 1 contract

Samples: Investment Agreement (Transmeridian Exploration Inc)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares, consisting of 4,000,000 (i) 182,790,071 shares of Class A Common Stock, $0.001 par value $.01 per share (“Common Stock”), and 1,000,000 (ii) 150,791,295 shares of Class B Common Preferred Stock, $0.001 par value $.01 per shareshare (“Preferred Stock”). The following is a statement of the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation.

Appears in 1 contract

Samples: Business Financing Agreement (Vapotherm Inc)

FOURTH. A. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares990,000,000, consisting of 4,000,000 900,000,000 shares of Class A Common Stock, par value $.01 0.01 per share (the “Common Stock”) and 1,000,000 90,000,000 shares of Class B Common Preferred Stock, par value $.01 0.01 per shareshare (the “Preferred Stock”).

Appears in 1 contract

Samples: JELD-WEN Holding, Inc.

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares, consisting of 4,000,000 (i) 71,100,000 shares of Class A Common Stock, $0.001 par value $.01 per share (“Common Stock”), and 1,000,000 (ii) 60,455,706 shares of Class B Common Preferred Stock, $0.001 par value $.01 per shareshare (“Preferred Stock”). The following is a statement of the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation.

Appears in 1 contract

Samples: Registration Rights Agreement (Vapotherm Inc)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 305,000,000 shares, consisting of 4,000,000 (i) 300,000,000 shares of Class A Common Stock, $.01 par value per share ("Common Stock"), and (ii) 5,000,000 shares of Preferred Stock, $.01 par value per share ("Preferred Stock"). The following is a statement of the designations and 1,000,000 shares the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of Class B Common Stock, par value $.01 per shareeach class of capital stock of the Corporation.

Appears in 1 contract

Samples: www.ir.akamai.com

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares, consisting of 4,000,000 (i) 137,738,330 shares of Class A Common Stock, $0.0001 par value $.01 per share (“Common Stock”), and 1,000,000 (ii) 120,521,039 shares of Class B Common Preferred Stock, $0.0001 par value $.01 per shareshare (“Preferred Stock”).

Appears in 1 contract

Samples: Contribution and Exchange Agreement (Morningside Venture Investments LTD)

FOURTH. A. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares200,000,000, consisting of 4,000,000 175,000,000 shares of Class A Common Stock, par value one cent ($.01 .01) per share (the “Common Stock”) and 1,000,000 25,000,000 shares of Class B Common Preferred Stock, par value one cent ($.01 .01) per shareshare (the “Preferred Stock”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Engility Holdings, Inc.)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares, consisting of 4,000,000 (i) 102,645,000 shares of Class A Common Stock, $0.001 par value $.01 per share (“Common Stock”), and 1,000,000 (ii) 85,755,706 shares of Class B Common Preferred Stock, $0.001 par value $.01 per shareshare (“Preferred Stock”). The following is a statement of the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation.

Appears in 1 contract

Samples: Registration Rights Agreement (Vapotherm Inc)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares, consisting of 4,000,000 177,000,000 shares of Class A Common Stock, and the par value of such share is $.01 per share and 1,000,000 shares of Class B Common Stock, par value $.01 0.01 per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (AVX Corp)

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FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares, consisting of 4,000,000 (i) 21,000,000 shares of Class A Common Stock, $0.001 par value $.01 per share (“Common Stock”), and 1,000,000 (ii) 10,478,189 shares of Class B Common Preferred Stock, $0.001 par value $.01 per share.share (“Preferred Stock”), of which 8,230,997 shares are hereby designated “Series A Preferred Stock” and 2,247,192 shares are hereby designated “Series A-2

Appears in 1 contract

Samples: Investors’ Rights Agreement (Seres Therapeutics, Inc.)

FOURTH. The total number of shares of stock of all classes of stock which the Corporation is authorized has authority to issue is 5,000,000 515,000,000 shares, consisting of 4,000,000 which 500,000,000 shares shall be common stock, with a par value of $.0006 per share (“Common Stock”), and 15,000,000 shares shall be preferred stock, with a par value of $0.0006 per share (“Preferred Stock”). The designations and the powers, preferences and rights, and the qualifications, limitations or restrictions of the shares of Class A Common Stock, par value $.01 per share and 1,000,000 shares each class of Class B Common Stock, par value $.01 per share.stock are as follows:

Appears in 1 contract

Samples: Investment Agreement (Transmeridian Exploration Inc)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized Company shall have authority to issue is 5,000,000 shares87,000, consisting of 4,000,000 (i) 2,000 shares of Class A common stock, no par value per share ("Common Stock") and (ii) 85,000 shares of Preferred Stock, $0.001 par value $.01 per share ("Preferred Stock"). The following is a statement of the designations and 1,000,000 shares the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of Class B Common Stock, par value $.01 per shareeach class of capital stock of the Company.

Appears in 1 contract

Samples: Investor Rights Agreement (SunOpta Inc.)

FOURTH. A. The corporation is authorized to issue two classes of shares of capital stock to be designated respectively "Common Stock" and "Preferred Stock." The total number of shares of all classes of stock which the Corporation corporation is authorized to issue is 5,000,000 one hundred seventy million (170,000,000) shares. The number of shares of Common Stock authorized is one hundred fifty million (150,000,000) shares, consisting and the par value of 4,000,000 each share is $0.001. The number of shares of Class A Common StockPreferred Stock authorized is twenty million (20,000,000) shares, and the par value of each share is $.01 per share and 1,000,000 shares of Class B Common Stock, par value $.01 per share0.001.

Appears in 1 contract

Samples: Purchase Agreement (China BCT Pharmacy Group, Inc.)

FOURTH. A. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares[ ], consisting of 4,000,000 [ ] shares of Class A Common Stock, par value $.01 0.0001 per share (the “Common Stock”), and 1,000,000 [ ] shares of Class B Common Preferred Stock, par value $.01 0.0001 per shareshare (the “Preferred Stock”).

Appears in 1 contract

Samples: Stock Purchase Agreement (Boulevard Acquisition Corp.)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 1,010,000 shares, consisting of 4,000,000 (i) 1,000,000 shares of Class A Common Stockcommon stock, par value $.01 0.01 per share (“Common Stock”) and 1,000,000 (ii) 10,000 shares of Class B Common Stockpreferred stock, par value $.01 0.01 per shareshare (“Preferred Stock”). The following is a statement of the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Digitalglobe, Inc.)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares, consisting of 4,000,000 (i) 52,000,000 shares of Class A Common Stock, $0.001 par value $.01 per share (“Common Stock”), and 1,000,000 (ii) 45,710,000 shares of Class B Common Preferred Stock, $0.001 par value $.01 per shareshare (“Preferred Stock”). The following is a statement of the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation.

Appears in 1 contract

Samples: Divestiture Agreement (Ophthotech Corp.)

FOURTH. The total number of shares of all classes of stock which the Corporation is authorized shall have authority to issue is 5,000,000 shares, consisting of 4,000,000 (i) 4,859,086 shares of Class A Common Stock, $0.00001 par value $.01 per share (“Common Stock”) and 1,000,000 (ii) 1,338,728 shares of Class B Common Preferred Stock, $0.00001 par value $.01 per shareshare (“Preferred Stock”). The following is a statement of the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation.

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement

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