Common use of FOURTH Clause in Contracts

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 shares, consisting of 475,000,000 shares of Common Stock, par value $.10 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock").

Appears in 2 contracts

Samples: Merger Agreement (Unum Corp), Merger Agreement (Provident Companies Inc /De/)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares360,000,000, consisting of 475,000,000 which 350,000,000 shares shall be Common Stock of Common Stock, the par value of $.10 .0001 per share (and 10,000,000 shares shall be Preferred Stock of the "Common Stock") and 25,000,000 shares of Preferred Stock, par value of $.10 .0001 per share (the "Preferred Stock")share.

Appears in 2 contracts

Samples: Merger Agreement (United Refining Energy Corp), Merger Agreement (Chaparral Energy, Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares160,000,000, consisting of 475,000,000 which 10,000,000 shares of shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.10 .01 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock")share.

Appears in 2 contracts

Samples: Merger Agreement (Chaparral Energy, Inc.), Stock Purchase Agreement (Chaparral Energy, Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which that the Corporation shall have authority is authorized to issue is 500,000,000 211,000 shares, consisting of 475,000,000 two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of shares of Common StockStock that the Corporation is authorized to issue is 1,000 shares, par value $.10 0.01 per share (the "Common Stock") and 25,000,000 share. The total number of shares of Preferred StockStock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $.10 0.01 per share (the "share, shall be designated “Series I Preferred Stock").

Appears in 2 contracts

Samples: Merger Agreement (Rouse Properties, Inc.), Merger Agreement (Brookfield Asset Management Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares300,000,000, consisting of 475,000,000 which 10,000,000 shares of shall be Preferred Stock, par value $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.10 .01 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock")share.

Appears in 2 contracts

Samples: Merger Agreement (Grey Wolf Inc), Merger Agreement (Basic Energy Services Inc)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 500,000,000 shares, consisting 36,000,000 of 475,000,000 which 35,000,000 shares shall be Common Stock of Common Stock, the par value of $.10 0.001 per share (share, and 1,000,000 shares shall be Preferred Stock of the "Common Stock") and 25,000,000 shares of Preferred Stock, par value of $.10 0.001 per share (the "Preferred Stock")share.

Appears in 1 contract

Samples: Merger Agreement (Healthcare Acquisition Corp)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares275,000,000 shares of capital stock ("Capital Stock"), consisting of 475,000,000 250,000,000 shares of Common Stock, par value $.10 0.01 per share (the "Common Stock") ), and 25,000,000 shares of Preferred Stockpreferred stock, par value $.10 0.01 per share (the "Preferred Stock").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kansas City Power & Light Co)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 shares, 1,100,000,000 consisting of 475,000,000 (x) 1,000,000,000 shares of Common Stock, par value $.10 0.01 per share share, and (the "Common Stock"y) and 25,000,000 100,000,000 shares of Preferred Stock, par value $.10 per share 0.01, of which 1,725,000 shares are designated as 5.250% Mandatory Convertible Preferred Stock, Series A-1 (the "“Series A-1 Preferred Stock"), and the remainder of which are issuable in one or more series as hereinafter provided.

Appears in 1 contract

Samples: Merger Agreement (Envision Healthcare Holdings, Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 sharesforty million (40,000,000) shares of capital stock, consisting of 475,000,000 (i) thirty five million (35,000,000) shares of Common Stockcommon stock, par value $.10 0.00001 per share, and (ii) five million (5,000,000) shares of preferred stock, par value $0.00001 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock").

Appears in 1 contract

Samples: Merger Agreement (Cepton, 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 capital stock which the Corporation shall have authority corporation is authorized to issue is 500,000,000 one hundred seventy million (170,000,000) shares, consisting . The number of 475,000,000 shares of Common StockStock authorized is one hundred fifty million (150,000,000) shares, and the par value of each share is $.10 per share (the "Common Stock") and 25,000,000 0.001. The number of shares of Preferred StockStock authorized is twenty million (20,000,000) shares, and the par value of each share is $.10 per share (the "Preferred Stock")0.001.

Appears in 1 contract

Samples: Series a Convertible Preferred Shares Purchase Agreement (China BCT Pharmacy Group, Inc.)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 shares1,100,000,000, consisting of 475,000,000 of: (x) 1,000,000,000 shares of Common Stock, par value $.10 0.01 per share (the "Common Stock"”), issuable in two classes as hereinafter provided, and (y) and 25,000,000 100,000,000 shares of Preferred Stock, par value $.10 1.00 per share (the "Preferred Stock")., issuable in one or more series as hereinafter provided in paragraph 11 of this Article Fourth. The Common Stock shall be issuable in classes as follows:

Appears in 1 contract

Samples: Investment Agreement (Jackson Financial Inc.)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 sharesFifty Million (50,000,000) shares of capital stock, consisting of 475,000,000 Forty-Five Million (45,000,000) shares of Common Stock, each having a par value of $.10 0.001 per share share, and Five Million (the "Common Stock"5,000,000) and 25,000,000 shares of Preferred Stock, each having a par value of $.10 0.001 per share share, of which One Million Sixty Thousand (1,060,000) shares shall be designated Series A Convertible Preferred Stock (the "Preferred StockSeries A Preferred").

Appears in 1 contract

Samples: Agreement and Plan of Recapitalization and Merger (Juno Lighting Inc)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares, consisting of 475,000,000 which shares of shall be Common Stock, Stock with a par value of $.10 .0001 per share (the "Common Stock") and 25,000,000 1,000,000 shares of shall be Preferred Stock, Stock with a par value of $.10 .0001 per share (the "Preferred Stock").

Appears in 1 contract

Samples: Merger Agreement (Prospect Acquisition Corp)

FOURTH. A. The total number of shares of capital all classes of stock which the Corporation shall have authority to issue is 500,000,000 shares, consisting of 475,000,000 (i) 21,000,000 shares of Common Stock, $0.001 par value $.10 per share (the "Common Stock"”), and (ii) and 25,000,000 10,478,189 shares of Preferred Stock, $0.001 par value $.10 per share (the "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: Warrant Agreement (Seres Therapeutics, Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which that the Corporation shall have authority corporation is authorized to issue is 500,000,000 shares108,000,000, consisting of 475,000,000 shares of Common Stock, par value $.10 per share which (the "Common Stock"1) and 25,000,000 shares of 8,000,000 shall be Preferred Stock, par value $.10 per share Stock (the "Preferred Stock"), 6,250,000 of which shall be designated Series A Convertible Participating Preferred Stock ("Series A Preferred Stock") and (2) 100,000,000 shall be Common Stock ("Common Stock"). Both the Preferred Stock and Common Stock shall have a par value of $.01 per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Koll Donald M)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 500,000,000 shares, consisting Fifty million shares comprised of 475,000,000 (i) Forty Five Million (45,000,000) shares of Common Stock, $0.0001 par value $.10 per share (the "Common Stock"”), and (ii) and 25,000,000 Five Million (5,000,000) shares of Preferred Stock, $0.0001 par value $.10 per share (the "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: Merger Agreement (Robcor Properties Inc)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 510,000,000 of which 500,000,000 shares, consisting of 475,000,000 shares of shall be Common Stock, par value $.10 0.0001 per share (the "Common Stock") ”), and 25,000,000 10,000,000 shares of shall be Preferred Stock, Stock par value $.10 0.0001 per share (the "Preferred Stock").. 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 are as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Nesco Holdings, Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 600,000,000 of which 500,000,000 shares, consisting shares shall be Common Stock of 475,000,000 shares of Common Stock, the par value of $.10 0.0001 per share (and 100,000,000 shares shall be Preferred Stock of the "Common Stock") and 25,000,000 shares of Preferred Stock, par value of $.10 0.0001 per share (the "Preferred Stock")share.

Appears in 1 contract

Samples: Business Combination Agreement (Leo Holdings Corp.)