Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of all classes of stock which the corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000), consisting of Twenty Million (20,000,000) shares of 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 of the par value of $1-2/3 per share.

Appears in 2 contracts

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

FOURTH. The total number of shares of all classes of stock which the corporation shall have authority be authorized to issue is Four Billion Twenty-Four Million 2,000 shares, divided into 1,000 shares of Common Stock, par value $.01 per share (4,024,000,000herein called "Common Stock"), consisting of Twenty Million (20,000,000) and 1,000 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the par value of $1-2/3 .01 per shareshare (herein called "Preferred Stock").

Appears in 2 contracts

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

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

Appears in 2 contracts

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

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000), consisting of Twenty Million (20,000,000) 1,000 shares of Preferred Stock without common stock, par value, Four Million value $0.01 per share (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares the “Common Stock”). Each share of Common Stock of the par value of $1-2/3 per shareis entitled to one vote.

Appears in 2 contracts

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

FOURTH. The total number of shares of all classes of stock which that the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000), consisting of Twenty Million (20,000,000) 1,000 shares of 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 of common stock having the par value of $1-2/3 0.625 per shareshare (“Common Stock”). A holder of shares of Common Stock shall be entitled to one vote for each and every share of Common Stock standing in such holder’s name in the books of the Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Apache Corp), Merger Agreement (APA Corp)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 52,000,000 shares of Common Stock, $0.001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 45,710,000 shares of Preferred Stock without Stock, $0.001 par valuevalue per share (“Preferred Stock”). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Divestiture Agreement (Ophthotech Corp.)

FOURTH. A. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)200,000,000, consisting of Twenty Million 175,000,000 shares of Common Stock, par value one cent (20,000,000$.01) per share (the “Common Stock”) and 25,000,000 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the par value of one cent ($1-2/3 .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 Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)1,010,000 shares, consisting of Twenty Million (20,000,000i) 1,000,000 shares of Preferred Stock without common stock, par value, Four Million value $0.01 per share (4,000,000“Common Stock”) and (ii) 10,000 shares of Preference Stock without preferred stock, par valuevalue $0.01 per share (“Preferred Stock”). The following is a statement of the designations and the powers, privileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Merger Agreement (Digitalglobe, Inc.)

FOURTH. The total number of shares of stock of all classes of stock which the corporation shall have Corporation has authority to issue is Four Billion Twenty-Four Million (4,024,000,000)515,000,000 shares, consisting of Twenty Million (20,000,000) which 500,000,000 shares of Preferred Stock without par valueshall be common stock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the with a par value of $1-2/3 .0006 per share.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 each class of 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 Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000), consisting of Twenty Million (20,000,000) shares of Preferred Stock without par value, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) 177,000,000 shares of Common Stock of Stock, and the par value of such share is $1-2/3 0.01 per share.

Appears in 1 contract

Samples: Merger Agreement (AVX Corp)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 71,100,000 shares of Common Stock, $0.001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 60,455,706 shares of Preferred Stock without Stock, $0.001 par valuevalue per share (“Preferred Stock”). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Warrant Agreement (Vapotherm Inc)

FOURTH. The total number of shares of all classes of stock which the corporation Company shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)87,000, consisting of Twenty Million (20,000,000i) 2,000 shares of common stock, no par value per share ("Common Stock") and (ii) 85,000 shares of Preferred Stock without Stock, $0.001 par valuevalue per share ("Preferred Stock"). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCompany.

Appears in 1 contract

Samples: Investor Rights Agreement (SunOpta Inc.)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)705,000,000 shares, consisting of Twenty Million (20,000,000i) 700,000,000 shares of Common Stock, $.01 par value per share ("Common Stock"), and (ii) 5,000,000 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the $.01 par value of $1-2/3 per shareshare ("Preferred Stock)."

Appears in 1 contract

Samples: Quarterly Report

FOURTH. The total number of shares of all classes of stock which the corporation shall have authority this Corporation is authorized to issue is Four Billion Twenty-Four Million (4,024,000,000), consisting 5,000. All such shares are of Twenty Million (20,000,000) shares of Preferred Stock without par value, Four Million (4,000,000) shares of Preference Stock without par value, one class and Four Billion (4,000,000,000) are shares of Common Stock of with the par value of $1-2/3 0.01 per share.

Appears in 1 contract

Samples: Merger Agreement (Smart & Final Stores, Inc.)

FOURTH. A. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)990,000,000, consisting of Twenty Million 900,000,000 shares of Common Stock, par value $0.01 per share (20,000,000the “Common Stock”) and 90,000,000 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the par value of $1-2/3 0.01 per shareshare (the “Preferred Stock”).

Appears in 1 contract

Samples: Corporate Governance (JELD-WEN Holding, Inc.)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 102,645,000 shares of Common Stock, $0.001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 85,755,706 shares of Preferred Stock without Stock, $0.001 par valuevalue per share (“Preferred Stock”). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Warrant Agreement (Vapotherm Inc)

FOURTH. The total number of shares of stock of all classes of stock which the corporation shall have Corporation has authority to issue is Four Billion Twenty-Four Million (4,024,000,000)1,015,000,000 shares, consisting of Twenty Million (20,000,000) which 1,000,000,000 shares of Preferred Stock without par valueshall be common stock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the with a par value of $1-2/3 .0006 per share.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 each class of 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 Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)305,000,000 shares, consisting of Twenty Million (20,000,000i) 300,000,000 shares of Common Stock, $.01 par value per share ("Common Stock"), and (ii) 5,000,000 shares of Preferred Stock without Stock, $.01 par valuevalue per share ("Preferred Stock"). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Quarterly Report

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 137,738,330 shares of Common Stock, $0.0001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 120,521,039 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the $0.0001 par value of $1-2/3 per shareshare (“Preferred Stock”).

Appears in 1 contract

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