No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stock; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock. (b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 19 contracts
Samples: Rights Agreement (Sonosite Inc), Rights Agreement (Watchguard Technologies Inc), Rights Agreement (Unit Corp)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred StockCorporation; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 16 contracts
Samples: Rights Agreement (Rocky Mountain Chocolate Factory, Inc.), Rights Agreement (Rocky Mountain Chocolate Factory, Inc.), Rights Agreement (Tri Valley Corp)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A Preferred Stock; provided, however, that that, subject to Section 4(a)(iv), the Corporation Company may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 7 contracts
Samples: Rights Agreement (Pepsi Bottling Group Inc), Rights Agreement (GlobalOptions Group, Inc.), Rights Agreement (Pepsi Bottling Group Inc)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stock; providedPROVIDED, howeverHOWEVER, that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 4 contracts
Samples: Rights Agreement (Safety Fund Corp), Rights Agreement (Aspen Technology Inc /Ma/), Rights Agreement (Aspen Technology Inc /Ma/)
No Redemption; No Sinking Fund. (a) The shares of Series A B Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A B Preferred Stock; provided, however, that the Corporation Company may purchase or otherwise acquire outstanding shares of Series A B Preferred Stock in the open market or by offer to mutual agreement with any holder or holders of shares of Series A Preferred Stockthereof.
(b) The shares of Series A B Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 4 contracts
Samples: Lowcal Agreements (Cellteck Inc.), Series B Convertible Preferred Stock Purchase Agreement (Cellteck Inc.), Series B Convertible Preferred Stock Purchase Agreement (Cellteck Inc.)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A Preferred Stock; provided, however, that the Corporation Company may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 3 contracts
Samples: Rights Agreement (Onyx Software Corp/Wa), Rights Agreement (Avt Corp), Rights Agreement (Milacron Inc)
No Redemption; No Sinking Fund. (a) The shares of Series A C Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A C Preferred Stock; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A C Preferred Stock in the open market or by offer to any holder or holders of shares of Series A C Preferred Stock.
(b) The shares of Series A C Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 3 contracts
Samples: Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial Corp)
No Redemption; No Sinking Fund. (a) The shares of Series ------------------------------ A Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A Preferred Stock; provided, however, that the Corporation -------- ------- Company may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 3 contracts
Samples: Rights Agreement (Crown Castle International Corp), Rights Agreement (Crown Castle International Corp), Rights Agreement (Crown Castle International Corp)
No Redemption; No Sinking Fund. (a) The shares of Series A B Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A B Preferred Stock; providedPROVIDED, howeverHOWEVER, that the Corporation may purchase or otherwise acquire outstanding shares of Series A B Preferred Stock in the open market or by offer to any holder or holders of shares of Series A B Preferred Stock.
(b) The shares of Series A B Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 3 contracts
Samples: Rights Agreement (Polaroid Corp), Rights Agreement (First Essex Bancorp Inc), Rights Agreement (Polaroid Corp)
No Redemption; No Sinking Fund. (a) a. The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred StockCorporation; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) b. The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 2 contracts
Samples: Rights Agreement (Cavalier Homes Inc), Rights Agreement (Cavalier Homes Inc)
No Redemption; No Sinking Fund. (a) The shares of Series A R Preferred Stock shall not be subject to redemption by the Corporation corporation or at the option of any holder of Series A R Preferred Stock; provided, however, that the Corporation corporation may purchase or otherwise acquire outstanding shares of Series A R Preferred Stock in the open market or by offer to any holder or holders of shares of Series A R Preferred Stock.
(b) The shares of Series A R Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 2 contracts
Samples: Rights Agreement (Eden Bioscience Corp), Rights Agreement (Itron Inc /Wa/)
No Redemption; No Sinking Fund. (a) The shares of Series A R Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A R Preferred Stock; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A R Preferred Stock in the open market or by offer to any holder or holders of shares of Series A R Preferred Stock.
(b) The shares of Series A R Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 2 contracts
Samples: Rights Agreement (DMRC Corp), Rights Agreement (Digimarc CORP)
No Redemption; No Sinking Fund. (a) The shares of Series A I Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A I Preferred Stock; provided, however, that that, subject to Section 4(a)(iv), the Corporation Company may purchase or otherwise acquire outstanding shares of Series A I Preferred Stock in the open market or by offer to any holder or holders of shares of Series A I Preferred Stock.
(b) The shares of Series A I Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 2 contracts
Samples: Rights Agreement (Global Resource CORP), Rights Agreement (Barnes & Noble Inc)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stock; Stock provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 2 contracts
Samples: Rights Agreement (Edison International), Rights Agreement (Cohr Inc)
No Redemption; No Sinking Fund. (a) The shares of Series A B Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A B Preferred Stock; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A B Preferred Stock in the open market or by offer to any holder or holders of shares of Series A B Preferred Stock.
(b) The shares of Series A B Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 2 contracts
Samples: Rights Agreement (Quality Dining Inc), Rights Agreement (Polaroid Corp)
No Redemption; No Sinking Fund. (a) The shares of ------------------------------ Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stock; provided, however, that the Corporation may purchase or -------- ------- otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
No Redemption; No Sinking Fund. (a) The shares of ------------------------------ Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stock; provided, however, --------- ------- that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Rights Agreement (Sonosight Inc)
No Redemption; No Sinking Fund. (a) The shares of Series A R Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A R Preferred Stock; Stock; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A R Preferred Stock in the open market or by offer to any holder or holders of shares of Series A R Preferred Stock.
(b) The shares of Series A R Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Rights Agreement
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stockredeemable; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) . The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Rights Agreement (Cryolife Inc)
No Redemption; No Sinking Fund. (a) The shares of Series A D Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A D Preferred Stock; provided, however, that the Corporation Company may purchase or otherwise acquire outstanding shares of Series A D Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stockthereof.
(b) The shares of Series A D Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Investment Agreement (Hartford Financial Services Group Inc/De)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation corporation or at the option of any holder of Series A Preferred Stock; provided, however, that the Corporation corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Rights Agreement (Icos Corp / De)
No Redemption; No Sinking Fund. (a) The shares of Series A C Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A C Preferred Stock; provided, however, that the Corporation Company may purchase or otherwise acquire outstanding shares of Series A C Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stockthereof.
(b) The shares of Series A C Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Investment Agreement (Hartford Financial Services Group Inc/De)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stock; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A Preferred Stock; provided, however, that that, subject to Section 4(a)(iv), the Corporation Company may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.. Table of Contents
Appears in 1 contract
No Redemption; No Sinking Fund. (a) The shares of 1998 Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred StockCorporation; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of 1998 Series A Preferred Stock in the open market or by offer to any holder or holders of shares of 1998 Series A Preferred Stock.
(b) The shares of 1998 Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A Preferred Stock; provided, however, that the Corporation Company may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to mutual agreement with any holder or holders of shares of Series A Preferred Stockthereof.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Primoris Services CORP)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock Shares shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A Preferred StockShares; provided, however, that that, subject to Section 4(a)(iv), the Corporation Company may purchase or otherwise acquire outstanding shares of Series A Preferred Stock Shares in the open market or by offer to any holder or holders of shares of Series A Preferred StockShares.
(b) The shares of Series A Preferred Stock Shares shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Rights Agreement (Monday LTD)
No Redemption; No Sinking Fund. (a1) The shares of Series A Preferred Stock Shares shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred StockShares; provided, however, that that, subject to Article Fourth, Division A the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock Shares in the open market or by offer to any holder or holders of shares of Series A Preferred StockShares.
(b2) The shares of Series A Preferred Stock Shares shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
No Redemption; No Sinking Fund. (a) The shares of Series A R Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A R Preferred Stock; provided, however, that the Corporation Company may purchase or otherwise acquire outstanding shares of Series A R Preferred Stock in the open market or by offer to any holder or holders of shares of Series A R Preferred Stock.
(b) The shares of Series A R Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stock; provided, however, that the Corporation may purchase or -------- ------- otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Rights Agreement (Procyte Corp /Wa/)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock Shares shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred StockCompany; provided, however, that the Corporation Company may purchase or otherwise acquire outstanding shares of Series A Preferred Stock Shares in the open market or by offer to any holder or holders of shares of Series A Preferred StockShares.
(b) The shares of Series A Preferred Stock Shares shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Rights Agreement (Noble Corp)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation corporation or at the option of any holder of Series A Preferred Stock; provided, however, that the Corporation corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
No Redemption; No Sinking Fund. (a) The shares of Series ------------------------------- A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stock; provided, however, that -------- ------- the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred Stock; providedPROVIDED, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
No Redemption; No Sinking Fund. (a) The shares of Series A B Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A B Preferred Stock; provided, however, that that, subject to Section 4(a)(iv), the Corporation Company may purchase or otherwise acquire outstanding shares of Series A B Preferred Stock in the open market or by offer to any holder or holders of shares of Series A B Preferred Stock.
(b) The shares of Series A B Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Section 382 Rights Agreement (Oculus Innovative Sciences, Inc.)
No Redemption; No Sinking Fund. (a) The shares of Series A B Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A B Preferred Stock; provided, however, that the Corporation Company may purchase or otherwise acquire outstanding shares of Series A B Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stockthereof.
(b) The shares of Series A B Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Investment Agreement (Hartford Financial Services Group Inc/De)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation or at the option of any holder of Series A Preferred StockStock except as set forth in Section 5 of Article IV of the Restated Certificate of Incorporation of the Corporation; provided, however, that the Corporation may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Rights Agreement (Concentra Corp)
No Redemption; No Sinking Fund. (a) The shares of Series A Preferred Stock shall not be subject to redemption by the Corporation Company or at the option of any holder of Series A Preferred StockStock except as set forth in Article FOURTH of the Charter; provided, however, that the Corporation Company may purchase or otherwise acquire outstanding shares of Series A Preferred Stock in the open market or by offer to any holder or holders of shares of Series A Preferred Stock.
(b) The shares of Series A Preferred Stock shall not be subject to or entitled to the operation of a retirement or sinking fund.
Appears in 1 contract
Samples: Rights Agreement (Air Products & Chemicals Inc /De/)
