Common use of Insufficient Common Stock Clause in Contracts

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate of Incorporation but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 14 contracts

Samples: Rights Agreement (Amresco Inc), Rights Agreement (Pegasus Systems Inc), Rights Agreement (Alamosa Holdings Inc)

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Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate Articles of Incorporation but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 4 contracts

Samples: Rights Agreement (Bi Inc), Rights Agreement (Bi Inc), Rights Agreement (Cameron Ashley Building Products Inc)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's ’s Restated Certificate of Incorporation Incorporation, as amended, but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of such Rights for Common Stock in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 3 contracts

Samples: Rights Agreement (Commercial Metals Co), Rights Agreement (Toreador Resources Corp), Rights Agreement (Vaalco Energy Inc /De/)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate of Incorporation but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, or other equity securities are not authorized by the Certificate of Incorporation the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock or other equity securities for issuance upon such exchange.

Appears in 3 contracts

Samples: Rights Agreement (Thomas Group Inc), Rights Agreement (Thomas Group Inc), Restated Rights Agreement (Thomas Group Inc)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate Restated Articles of Incorporation Incorporation, as amended, but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of such Rights for Common Stock in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 2 contracts

Samples: Rights Agreement (Chembio Diagnostics, Inc.), Rights Agreement (Chembio Diagnostics, Inc.)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate Restated Articles of Incorporation but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 2 contracts

Samples: Rights Agreement (Comstock Resources Inc), Rights Agreement (Comstock Resources Inc)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate of Incorporation but not outstanding or reserved for issuance for purposes purpose other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 2 contracts

Samples: Rights Agreement (Sizeler Property Investors Inc), Rights Agreement (Sizeler Property Investors Inc)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's ’s Amended and Restated Certificate of Incorporation Incorporation, as amended, but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of such Rights for Common Stock in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 2 contracts

Samples: Rights Agreement (Akers Biosciences, Inc.), Rights Agreement (BioSig Technologies, Inc.)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate of Incorporation Charter but not outstanding or reserved for issuance for purposes purpose other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 2 contracts

Samples: Rights Agreement (Eastgroup Properties Inc), Rights Agreement (Parkway Properties Inc)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's ’s Amended and Restated Certificate of Incorporation Incorporation, as amended, but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of such Rights for Common Stock in accordance with this Section 24., the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 2 contracts

Samples: Rights Agreement (Polymedix Inc), Rights Agreement (Polymedix Inc)

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Insufficient Common Stock. In the event that the number of shares ------------------------- of Common Stock which are authorized by the Company's Certificate of Incorporation but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 1 contract

Samples: Rights Agreement (Cellstar Corp)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's ’s Restated Certificate of Incorporation but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of such Rights for Common Stock in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 1 contract

Samples: Rights Agreement (Eagle Materials Inc)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate Articles of Incorporation but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, or other equity securities are not authorized by the Articles of Incorporation, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock or other equity securities for issuance upon such exchange.

Appears in 1 contract

Samples: Rights Agreement (Cash America International Inc)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate Articles of Incorporation but not outstanding or reserved for issuance for purposes purpose other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 1 contract

Samples: Rights Agreement (Sizeler Property Investors Inc)

Insufficient Common Stock. In the event that the number of shares of Common Stock which are authorized by the Company's Certificate Articles of Incorporation but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, or other equity securities are not authorized by the Articles of Incorporation the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock or other equity securities for issuance upon such exchange.

Appears in 1 contract

Samples: Rights Agreement (Texas New Mexico Power Co)

Insufficient Common Stock. In the event that the number of ------------------------- shares of Common Stock which are authorized by the Company's Certificate of Incorporation but not outstanding or reserved for issuance for purposes other than upon exercise of the Rights is not sufficient to permit any exchange of Rights in accordance with this Section 24, the Company may, at its option, take all such action as may be necessary to authorize additional shares of Common Stock for issuance upon such exchange.

Appears in 1 contract

Samples: Rights Agreement (Cellstar Corp)

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