Common use of Procedure for Redemption Clause in Contracts

Procedure for Redemption. a. In the event that fewer than all the outstanding shares of Convertible Preferred Stock are to be redeemed pursuant to paragraph II.H.1, the number of shares to be redeemed shall be determined by the Board of Directors and the shares so redeemed shall be selected pro rata (with any fractional shares being rounded to the nearest whole share) according to the number of whole shares held by each holder of Convertible Preferred Stock.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kevco Partners Investment Trust), Securities Purchase Agreement (Kevco Inc)

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Procedure for Redemption. a. (a) In the event that fewer than all ------------------------ the outstanding shares of Convertible Series B Preferred Stock are to be redeemed pursuant to paragraph II.H.1redeemed, the number of shares to be redeemed shall be determined by the Board of Directors and the shares so to be redeemed shall be selected determined by lot or pro rata (with any fractional shares being rounded to as may be determined by the nearest whole share) according to the number Board of whole shares held by each holder of Convertible Preferred StockDirectors.

Appears in 1 contract

Samples: Stock Purchase Agreement (Unc Inc)

Procedure for Redemption. a. 6.1 In the event that fewer than all the outstanding shares of Convertible Cumulative Preferred Stock are to be redeemed at any time pursuant to paragraph II.H.1Section 5, the number of shares to be redeemed shall be determined by the Board of Directors and the shares so redeemed shall be selected pro rata (with any fractional among all Holders from all outstanding shares being rounded to the nearest whole share) according to the number of whole shares held by each holder of Convertible Cumulative Preferred Stock.

Appears in 1 contract

Samples: Acquisition Agreement (NRG Energy, Inc.)

Procedure for Redemption. a. (a) In the event that fewer than all ------------------------ the outstanding shares of Convertible Series C Preferred Stock are to be redeemed pursuant to paragraph II.H.1redeemed, the number of shares to be redeemed shall be determined by the Board of Directors and the shares so to be redeemed shall be selected determined by lot or pro rata (with any fractional shares being rounded to as may be determined by the nearest whole share) according to the number Board of whole shares held by each holder of Convertible Preferred StockDirectors.

Appears in 1 contract

Samples: Stock Purchase Agreement (Unc Inc)

Procedure for Redemption. a. (a) In the event that fewer than all the outstanding shares of Convertible Series A Preferred Stock are to be redeemed pursuant to paragraph II.H.1redeemed, the number of shares to be redeemed shall be determined by the Board of Directors and the shares so to be redeemed shall be selected pro rata (with any fractional shares being rounded to the nearest whole share) according to the number of whole shares held by each holder of Convertible Preferred Stock).

Appears in 1 contract

Samples: Stock Purchase Agreement (Globix Corp)

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Procedure for Redemption. a. (a) In the event that fewer than all the outstanding shares of Convertible Series B Preferred Stock are to be redeemed pursuant to paragraph II.H.1redeemed, the number of shares to be redeemed shall be determined by the Board of Directors and the shares so to be redeemed shall be selected determined by lot or pro rata (with any fractional shares being rounded to as may be determined by the nearest whole share) according to the number Board of whole shares held by each holder of Convertible Preferred StockDirectors.

Appears in 1 contract

Samples: Stock Purchase Agreement (Unc Inc)

Procedure for Redemption. a. A. In the event that fewer than all the outstanding shares of Convertible Series C Preferred Stock are to be redeemed pursuant to paragraph II.H.1redeemed, the number of shares to be redeemed shall be determined by the Board of Directors and the shares so to be redeemed shall be selected determined by lot or pro rata (with any fractional shares being rounded to as may be determined by the nearest whole share) according to the number Board of whole shares held by each holder of Convertible Preferred StockDirectors.

Appears in 1 contract

Samples: Stock Purchase Agreement (Unc Inc)

Procedure for Redemption. a. (a) In the event that fewer than all the outstanding shares of Convertible Series B Preferred Stock are to be redeemed pursuant to paragraph II.H.1redeemed, the number of shares to be redeemed shall be determined by the Board of Directors and the shares so to be redeemed shall be selected by lot or pro rata (with any fractional shares being rounded to the nearest whole share) according to as may be determined by the number Board of whole shares held by each holder of Convertible Preferred StockDirectors.

Appears in 1 contract

Samples: Stock Purchase Agreement (RCN Corp /De/)

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