Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 19 contracts
Samples: Stockholders’ Rights Agreement (Great Elm Group, Inc.), Stockholders’ Rights Agreement (Great Elm Capital Group, Inc.), Tax Benefits Preservation Agreement (Unwired Planet, Inc.)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation of the Company or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s Company's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 12 contracts
Samples: Rights Agreement (Premier Parks Inc), Rights Agreement (Madden Steven LTD), Rights Agreement (Us Industries Inc /De)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series Class A Preferred Stock shall rank junior to every all other series of the Corporation’s Company's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 6 contracts
Samples: Rights Agreement (Resortquest International Inc), Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 6 contracts
Samples: Stockholder Rights Agreement (Magenta Therapeutics, Inc.), Stockholder Rights Agreement (Sensei Biotherapeutics, Inc.), Stockholder Rights Agreement (Biofrontera Inc.)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 6 contracts
Samples: Shareholder Rights Agreement (Plug Power Inc), Shareholder Rights Agreement (Moldflow Corp), Shareholder Rights Agreement (Albany Molecular Research Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation Articles or a Certificate of Designations Vote of Directors Establishing a Class of Stock relating to any other series of preferred stock of the Corporation, the Series A B Preferred Stock shall rank junior to every other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 5 contracts
Samples: Shareholder Rights Agreement (Courier Corp), Shareholder Rights Agreement (Courier Corp), Shareholder Rights Agreement (Anika Therapeutics Inc)
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation of the Company or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s Company's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 4 contracts
Samples: Rights Agreement (Dairy Mart Convenience Stores Inc), Stage Stores Inc, Nac Re Corp
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation of the Corporation, or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 3 contracts
Samples: Rights Agreement (Guilford Mills Inc), Rights Agreement (Impath Inc), Rights Agreement (Noven Pharmaceuticals Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations Vote of Directors Establishing a Class of Stock relating to any other a subsequently-designated series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every any other series of the Corporation’s 's preferred stock previously or hereafter authorizedsubsequently issued, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 3 contracts
Samples: Shareholder Rights Agreement (Shelbourne Properties Ii Inc), Shareholder Rights Agreement (Shelbourne Properties I Inc), Shareholder Rights Agreement (Shelbourne Properties Iii Inc)
Ranking. Unless otherwise expressly provided in the Certificate Amended and Restated Bylaws of Incorporation the Corporation, or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 3 contracts
Samples: Rights Agreement (FXCM Inc.), Rights Agreement (FXCM Inc.), Rights Agreement (FXCM Inc.)
Ranking. Unless otherwise expressly provided in the ------- Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 3 contracts
Samples: Shareholder Rights Agreement (Circor International Inc), Shareholder Rights Agreement (Mac-Gray Corp), Shareholder Rights Agreement (Mac-Gray Corp)
Ranking. Unless otherwise expressly provided in the Certificate By-laws of Incorporation the Corporation, or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 3 contracts
Samples: Rights Agreement (Aeropostale Inc), Rights Agreement (Health Management Associates, Inc), Rights Agreement (Iron Mountain Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations Designation relating to any other a subsequently- designated series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every any other series of the Corporation’s 's preferred stock previously or hereafter authorizedsubsequently issued, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Shareholder Rights Agreement, Shareholder Rights Agreement (Sohu Com Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A C-1 Preferred Stock shall rank junior to every other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Avant Immunotherapeutics Inc), Shareholder Rights Agreement (Avant Immunotherapeutics Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A B Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 2 contracts
Samples: Stockholder Rights Agreement (WisdomTree, Inc.), Stockholder Rights Agreement (WisdomTree Investments, Inc.)
Ranking. Unless otherwise expressly provided in the Certificate Articles of Incorporation or a Certificate of Designations Designation relating to any other a subsequent series of preferred stock Preferred Stock of the Corporation, the this Series A Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, 's Preferred Stock as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Exhibit 1 (Family Steak Houses of Florida Inc), Exhibit 1 (Family Steak Houses of Florida Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation Incorporation, as amended, of the Corporation or a Certificate of Designations relating to any other a series of preferred stock of the CorporationCorporation established after the issuance of any share of Series One Preferred Stock or any right, warrant, or option providing for the issuance thereof, the Series A One Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorizedrank, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up up, (i) junior to all other series of the Corporation's Preferred Stock and shall rank (iv) senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (TSR Inc), Rights Agreement (TSR Inc)
Ranking. Unless otherwise expressly provided in the Amended and Restated Certificate of Incorporation of the Corporation or a Certificate of Designations relating to any other a subsequent series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Delphi Automotive Systems Corp), Rights Agreement (Delphi Automotive Systems Corp)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation of the Corporation, or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock of the Corporation, the Series A D Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Columbia Laboratories Inc), Rights Agreement (Columbia Laboratories Inc)
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation of the Company or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, Company's Preferred Stock as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Corrected Version Agreement (Grand Union Co /De/), Grand Union Co /De/
Ranking. Unless otherwise expressly provided in the Amended and Restated Certificate of Incorporation of the Corporation or a Certificate of Designations relating to any other a series of preferred stock of the CorporationCorporation established after the issuance of any share of Series One Preferred Stock or any right, warrant, or option providing for the issuance thereof, the Series A One Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorizedrank, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up up, (i) junior to all other series of the Corporation's Preferred Stock and shall rank (iv) senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Calton Inc), Rights Agreement (Calton Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation of the Company or a Certificate of Designations Designation relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s Company's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Fortune Brands Inc), Rights Agreement (Fortune Brands Inc)
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock Preferred Stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, Company's Preferred Stock as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up up, and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Penney J C Co Inc), Rights Agreement (Penney J C Co Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation Incorporation, as amended, of the Corporation or a Certificate of Designations relating to any other a series of preferred stock of the CorporationCorporation established after the issuance of any share of Series One Preferred Stock or any right, warrant, or option providing for the issuance thereof, the Series A One Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorizedrank, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up up, (i) junior to all other series of the Corporation’s Preferred Stock and shall rank (iv) senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (TSR Inc), Rights Agreement (TSR Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating The Series B Convertible Preferred Stock shall rank junior to any all other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, Corporation as to the payment of dividends and as to the distribution of assets on upon liquidation, dissolution or winding up up, unless the terms of any such series shall provide otherwise, and shall rank senior to the common stockCommon Stock as to the distribution of assets upon liquidation, dissolution or winding up.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Twenty-First Century Fox, Inc.), Agreement and Plan of Merger (Walt Disney Co/)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation Articles or a Certificate of Designations Vote of Directors Establishing a Class of Stock relating to any other series of preferred stock of the Corporation, the Series A B Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Courier Corp), Shareholder Rights Agreement (Anika Therapeutics Inc)
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation of the Corporation, as may be amended or restated from time to time, or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock of the Corporation.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Discovery Laboratories Inc /De/), Shareholder Rights Agreement (Discovery Laboratories Inc /De/)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation of the Corporation or a Certificate of Designations Designation relating to any other a subsequent series of preferred stock of the Corporation, the Series A B Preferred Stock shall rank junior to every all other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Vitalworks Inc), Rights Agreement (Vitalworks Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s Company's preferred stock previously or hereafter authorizedstock, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Pathogenesis Corp), Rights Agreement (Pathogenesis Corp)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A X Preferred Stock shall rank junior to every other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Patriot American Hospitality Inc/De), Shareholder Rights Agreement (Wyndham International Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation of the Company or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A I Preferred Stock shall rank junior to every all other series of the Corporation’s Company's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Moore Medical Corp), Rights Agreement (Moore Medical Corp)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock Preferred Stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, Company's Preferred Stock as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up up, and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Geoworks /Ca/), Rights Agreement (Geoworks /Ca/)
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation of the Corporation or a Certificate of Designations relating to any other a subsequent series of preferred stock of the Corporation, the Series A Participating Preferred Stock shall rank junior to every all other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 2 contracts
Samples: Rights Agreement (Lodgian Inc), Rights Agreement (Lodgian Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A A-1 Preferred Stock shall rank junior to every other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation Articles or a Certificate of Designations Vote of Directors Establishing a Class of Stock relating to any other series of preferred stock of the Corporation, the Series A E Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation Articles or a Certificate of Designations Vote of Directors Establishing a Class of Stock relating to any other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank (i) pari passu to the Series B Junior Participating Cumulative Preferred Stock of the Corporation and (ii) junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, in each case, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Samples: Stockholder Rights Agreement (Rapid Micro Biosystems, Inc.)
Ranking. Unless otherwise expressly provided in the Certificate of ------- Incorporation or a Certificate of Designations relating to any other a subsequently- designated series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every any other series of the Corporation’s 's preferred stock previously or hereafter authorizedsubsequently issued, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Restated ------- Certificate of Incorporation of the Company or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s Company's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Samples: Rights Agreement (Dairy Mart Convenience Stores Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A E Preferred Stock shall rank junior to every other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Samples: Shareholder Rights Agreement (Dov Pharmaceutical Inc)
Ranking. Unless otherwise expressly provided in the Certificate Articles of Incorporation or a Certificate of Designations Designation, Preferences and Rights relating to any other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Samples: Shareholder Rights Agreement (Aastrom Biosciences Inc)
Ranking. Unless otherwise expressly provided in the this Restated Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, as amended from time to time, the Series A S Preferred Stock shall rank junior to every all other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the (A) The Series A Preferred Stock shall rank junior to every all other classes and series of Preferred Stock, on the Corporation’s preferred stock previously terms set forth in the Certificate of Incorporation including any other Certificate of Designations governing the terms of such other class or hereafter authorizedseries of Preferred Stock, as to the payment of dividends and the distribution of assets on upon any liquidation, dissolution or winding up up, unless the terms of any such series shall provide otherwise, and shall rank senior senior, on the terms set forth in this Certificate of Designations, to the common stockCommon Stock as to such matters.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate these Articles of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the CorporationIncorporation, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, 's Preferred Stock as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations Vote of Directors Establishing a Class of Stock relating to any other a subsequently-designated series of preferred stock of the Corporation, the Series A C-1 Preferred Stock shall rank junior to every any other series of the Corporation’s 's preferred stock previously or hereafter authorizedsubsequently issued, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Samples: Shareholder Rights Agreement (Avant Immunotherapeutics Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other a subsequently-designated series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every any other series of the Corporation’s 's preferred stock previously or hereafter authorizedsubsequently issued, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock. Section 10.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate Articles of Incorporation Organization or a Certificate of Designations Designation Establishing a Class of Stock relating to any other a subsequently-designated series of preferred stock Preferred Stock of the Corporation, the Series A Preferred Stock shall rank junior to every any other series of the Corporation’s preferred stock previously or hereafter authorizedPreferred Stock subsequently issued, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Samples: Rights Agreement (American Science & Engineering Inc)
Ranking. Unless otherwise expressly provided in the Certificate Bylaws of Incorporation the Corporation, or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock shares of the Corporation, the Series A B Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, shares as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A D Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the Series A B Preferred Stock shall rank (i) pari passu to the Series A Junior Participating Cumulative Preferred Stock of the Corporation and (ii) junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, in each case, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Samples: Stockholder Rights Agreement (Rapid Micro Biosystems, Inc.)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation or a Certificate of Designations relating to any other series of preferred stock of the Corporation, the The Series A B Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorizedPreferred Stock, on the terms set forth in the Certificate of Incorporation including any certificate of designations governing the terms of such other Preferred Stock, as to the payment of dividends and the distribution of assets on upon any liquidation, dissolution or winding up , unless the terms of any such series shall provide otherwise, and shall rank senior senior, on the terms set forth in this Certificate of Designations, to the common stockCommon Stock as to such matters.
Appears in 1 contract
Samples: Tax Benefits Preservation Plan (Hc2 Holdings, Inc.)
Ranking. Unless otherwise expressly provided in the Second Restated Certificate of Incorporation Incorporation, as amended, of the Company or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the CorporationCompany’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Samples: Rights Agreement (Hornbeck Offshore Services Inc /La)
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation or a Certificate of Designations relating to any other a subsequently-designated series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every any other series of the Corporation’s 's preferred stock previously or hereafter authorizedsubsequently issued, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Samples: Rights Agreement Agreement (Vivid Technologies Inc)
Ranking. Unless otherwise expressly provided in the Certificate a certificate of Incorporation or designation of preferences and rights of a Certificate class of Designations stock relating to any other a subsequently designated series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every any other series of the Corporation’s 's preferred stock previously or hereafter authorizedsubsequently issued, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation of the Corporation, or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock Preferred Stock of the Corporation, the Series A D Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, Preferred Stock as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Samples: Rights Agreement (Novavax Inc)
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation of the Corporation, or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock of the Corporation, the Series A Participating Preferred Stock shall rank junior to every all other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Samples: Vonage Holdings Corp
Ranking. Unless otherwise expressly provided in the Amended and Restated Certificate of Incorporation of the Corporation, or a Certificate of Designations Designation relating to any other a subsequent series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Restated Certificate of Incorporation Incorporation, as amended, of the Company or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s Company's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Samples: Rights Agreement (Hornbeck Offshore Services Inc /La)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation of the Company or a Certificate of Designations relating to any other a subsequent series of preferred stock of the CorporationCompany, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s Company's preferred stock previously or hereafter authorized, as to the payment pay- ment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Samples: Rights Agreement (Donnkenny Inc)
Ranking. Unless otherwise expressly provided in the Certificate of ------- Incorporation or a Certificate of Designations Vote of Directors Establishing a Class of Stock relating to any other a subsequently-designated series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every any other series of the Corporation’s 's preferred stock previously or hereafter authorizedsubsequently issued, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Samples: Shareholder Rights Agreement (Boston Properties Inc)
Ranking. Unless otherwise expressly provided in the Certificate of Incorporation Charter or a Certificate of Designations the Articles Supplementary relating to any other series of preferred stock Preferred Stock of the Corporation, the Series A Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock Preferred Stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
Appears in 1 contract
Samples: Stockholder Rights Agreement (First Real Estate Investment Trust of New Jersey)
Ranking. Unless otherwise expressly provided in the Certificate of ------- Incorporation of the Corporation or a Certificate of Designations relating to any other a subsequent series of preferred stock of the Corporation, the Series A Preferred Stock shall rank junior to every all other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
Appears in 1 contract
Ranking. Unless otherwise expressly provided in the Certificate of ------- Incorporation of the Corporation, or a Certificate certificate of Designations designations relating to any other a subsequent series of preferred stock of the Corporation, the Series A D Preferred Stock shall rank junior to every all other series of the Corporation’s 's preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stockCommon Stock.
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Ranking. Unless otherwise expressly provided in the Certificate Articles of Incorporation or including a Certificate of Designations Designation relating to any other series of preferred stock of the Corporation, the Series A D Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
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Samples: Shareholder Rights Agreement (Apricus Biosciences, Inc.)
Ranking. Unless otherwise expressly provided in the Certificate Articles of Incorporation Organization or a Certificate Articles of Designations Amendment relating to any other series of preferred stock of the Corporation, the Series A B Preferred Stock shall rank junior to every other series of the Corporation’s preferred stock previously or hereafter authorized, as to the payment of dividends and the distribution of assets on liquidation, dissolution or winding up and shall rank senior to the common stock.
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Samples: Shareholder Rights Agreement (Mercury Computer Systems Inc)