General Discretion of Directors. The Board of Directors shall have power to fix and vary the amount to be set aside or reserved as working capital of the Corporation, or as reserves, or for other proper purposes of the Corporation, and, subject to the requirements of the Certificate of Incorporation, to determine whether any part of the surplus or net profits of the Corporation, if any, shall be declared as dividends and paid to the stockholders, and to fix the date or dates for the payment of dividends.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Dell Inc), Agreement and Plan of Merger (Quest Software Inc), Agreement and Plan of Merger (Quest Software Inc)
General Discretion of Directors. The Board of Directors shall have power to fix and vary the amount to be set aside or reserved as working capital of the Corporation, or as reserves, or for other proper purposes of the Corporation, and, subject to the requirements of the Certificate of Incorporation, to determine whether any any, if any, part of the surplus or net profits of the Corporation, if any, Corporation shall be declared as dividends and paid to the stockholders, and to fix the date or dates for the payment of dividends.
Appears in 3 contracts
Samples: Voting and Lock Up Agreement (Cempra, Inc.), Voting Agreement (Diligent Corp), Agreement and Plan of Merger (Westport Innovations Inc)
General Discretion of Directors. The Board of Directors shall have power to fix and vary the amount to be set aside or reserved as working capital of the Corporation, or as reserves, or for other proper purposes of the Corporation, and, subject to the requirements of the Certificate Articles of Incorporation, to determine whether any any, if any, part of the surplus or net profits of the Corporation, if any, Corporation shall be declared as dividends and paid to the stockholders, and to fix the date or dates for the payment of dividends.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Railcar Industries, Inc.), Agreement and Plan of Merger (Icahn Enterprises Holdings L.P.)