Common use of Insufficient Shares Clause in Contracts

Insufficient Shares. In the event that there shall not be sufficient shares of Common Stock issued but not outstanding or authorized but unissued to permit an exchange of Rights as contemplated in accordance with this Section 24, the Company shall substitute to the extent of such insufficiency, for each share of Common Stock that would otherwise be issuable upon exchange of a Right, a number of shares of Preferred Stock or fraction thereof (or Equivalent Preferred Stock as such term is defined in Section 11(b) hereof) such that the current per share market price (determined pursuant to Section 11(d) hereof) of one share of Preferred Stock (or equivalent preferred share) multiplied by such number or fraction is equal to the current per share market price of one share of Common Stock (determined pursuant to Section 11(d)(i) hereof) as of the date of such exchange.

Insufficient Shares. In The Company may at its option substitute, and, in the event that there shall not be sufficient shares of Common Stock issued but not outstanding or authorized but unissued to permit an exchange of Rights for Common Stock as contemplated in accordance with this Section 2427, the Company shall substitute to the extent of such insufficiency, for each share of Common Stock that would otherwise be issuable upon exchange of a Right, a number of shares of Preferred Stock or fraction thereof (or Equivalent Preferred Stock equivalent preferred stock, as such term is defined in Section 11(b) hereof)) such that the current per share market price (determined pursuant to Section 11(d) hereof)) of one share of Preferred Stock (or equivalent preferred sharestock) multiplied by such number or fraction is equal to the current per share market price of one share of Common Stock (determined pursuant to Section 11(d)(i) hereof11(d)) as of the date of such exchange.

Insufficient Shares. In The Company may at its option substitute, and, in the event that there shall not be sufficient shares of Class A Common Stock issued but not outstanding or authorized but unissued to permit an exchange of Rights for Class A Common Stock as contemplated in accordance with this Section 2427, the Company shall substitute to the extent of such insufficiency, for each share of Class A Common Stock that would otherwise be issuable upon exchange of a Right, a number of shares of Preferred Stock or fraction thereof (or Equivalent Preferred Stock equivalent preferred stock, as such term is defined in Section 11(b) hereof11.2) such that the current per share market price (determined pursuant to Section 11(d) hereof11.4) of one share of Preferred Stock (or equivalent preferred sharestock) multiplied by such number or fraction is equal to the current per share market price of one share of Class A Common Stock (determined pursuant to Section 11(d)(i) hereof11.4) as of the date of such exchange.

Insufficient Shares. In the event that If there shall are not be sufficient shares of Common Stock Shares issued but not outstanding or authorized but unissued to permit an any exchange of Rights as contemplated in accordance with this Section 2427, the Company will take all such action as may be necessary to authorize additional Common Shares for issuance upon exchange of the Rights. If the Company shall, after good faith effort, be unable to take all such action as may be necessary to authorize such additional Common Shares, the Company shall substitute to the extent of such insufficiencysubstitute, for each share of Common Stock Share that would otherwise be issuable upon exchange of a Right, a number of shares of Preferred Stock Shares or fraction thereof (or Equivalent Preferred Stock equivalent preferred stock, as such term is defined in Section 11(b) hereof11.2) such that the current per share market price (determined pursuant to Section 11(d) hereof) of one share of Preferred Stock Share (or equivalent preferred share) multiplied by such number or fraction is equal to the current per share market price of one share of Common Stock Share (determined pursuant to Section 11(d)(i) hereof11.4) as of the date of such exchange.