Common use of Reacquired Shares Clause in Contracts

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 59 contracts

Samples: Stockholder Rights Agreement (First Real Estate Investment Trust of New Jersey), Tax Benefits Preservation Plan (Ascena Retail Group, Inc.), Rights Agreement (Commvault Systems Inc)

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Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 57 contracts

Samples: Rights Agreement (Inspired Entertainment, Inc.), Subscription Agreement (Sillerman Robert F X), Rights Agreement (Mediabistro Inc.)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Restated Certificate of Incorporation, as then amended.

Appears in 56 contracts

Samples: Preferred Shares Rights Agreement (Abgenix Inc), Preferred Stock Rights Agreement (Pinnacle Systems Inc), Rights Agreement (Triquint Semiconductor Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein.

Appears in 52 contracts

Samples: Rights Agreement (Town Sports International Holdings Inc), Tax Benefit Protection Plan Agreement (Integrated Electrical Services Inc), Rights Agreement (American Axle & Manufacturing Holdings Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 41 contracts

Samples: Tax Benefits Preservation Plan (Vonage Holdings Corp), Rights Agreement (Simpson Manufacturing Co Inc /Ca/), Preferred Shares Rights Agreement (Pumatech Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 39 contracts

Samples: Form 8 A, Shareholder Rights Agreement (Harvard Apparatus Regenerative Technology, Inc.), Shareholder Rights Agreement (Harvard Apparatus Regenerative Technology, Inc.)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Amended and Restated Certificate of Incorporation, as then amended.

Appears in 38 contracts

Samples: Preferred Stock Rights Agreement, Preferred Stock Rights Agreement (Vivus Inc), Preferred Stock Rights Agreement (Vivus Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Restated Certificate of Incorporation, as then amended.

Appears in 38 contracts

Samples: Preferred Shares Rights Agreement (3com Corp), Preferred Stock Rights Agreement (Inktomi Corp), Exhibit (Resonate Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Articles of Incorporation, as then amended.

Appears in 26 contracts

Samples: Stockholders Rights Agreement (OceanPal Inc.), Stockholders Rights Agreement (Diana Shipping Inc.), Shareholder Rights Agreement (Safe Bulkers, Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 22 contracts

Samples: Rights Agreement (Showboat Inc), Rights Agreement (Grand Union Co /De/), Rights Agreement (Six Flags Inc)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein or in the Charter.

Appears in 18 contracts

Samples: Rights Agreement (Lydall Inc /De/), Rights Agreement (Trimas Corp), Rights Agreement (Engelhard Corp)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Series Preferred Stock and may be reissued as part of a new series of Series Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 16 contracts

Samples: Rights Agreement (Cmac Investment Corp), Rights Agreement (Safeskin Corp), Rights Agreement (Union Pacific Resources Group Inc)

Reacquired Shares. Any shares of Series A Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock without designation as to series and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to Directors as permitted by the conditions and restrictions on issuance set forth hereinCertificate of Incorporation or as otherwise permitted under Delaware Law.

Appears in 15 contracts

Samples: Rights Agreement (Conrad Industries Inc), Rights Agreement (Horizon Offshore Inc), Rights Agreement (Bnccorp Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 14 contracts

Samples: Shareholder Rights Agreement (Anika Therapeutics Inc), Shareholder Rights Agreement (Mercury Computer Systems Inc), Shareholder Rights Agreement (Courier Corp)

Reacquired Shares. Any shares of Series A Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 11 contracts

Samples: Form 10 K, Form 10 K, Rights Agreement (Extreme Networks Inc)

Reacquired Shares. Any shares of Series A Participating Preferred ----------------- Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 11 contracts

Samples: Preferred Shares Rights Agreement (Oratec Interventions Inc), Rights Agreement (Sequus Pharmaceuticals Inc), Rights Agreement (Incyte Pharmaceuticals Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 11 contracts

Samples: Stockholder Rights Agreement (Magenta Therapeutics, Inc.), Stockholder Rights Agreement (Sensei Biotherapeutics, Inc.), Stockholder Rights Agreement (Biofrontera Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 11 contracts

Samples: Rights Agreement (Hornbeck Offshore Services Inc /La), Rights Agreement (Consolidated Graphics Inc /Tx/), Rights Agreement (Pathogenesis Corp)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 10 contracts

Samples: Rights Agreement (Innospec Inc.), Rights Agreement (Adam Inc), Rights Agreement (Sciclone Pharmaceuticals Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein.

Appears in 10 contracts

Samples: Shareholder Rights Agreement (Lifeway Foods, Inc.), Stockholder Rights Agreement (Galera Therapeutics, Inc.), Stockholder Rights Agreement (Veradigm Inc.)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 9 contracts

Samples: Rights Agreement (Ucbh Holdings Inc), Rights Agreement (Cardima Inc), Rights Agreement (Cardima Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 9 contracts

Samples: Rights Agreement (Usa Technologies Inc), Rights Agreement (Commercial Metals Co), Rights Agreement (Harvest Natural Resources, Inc.)

Reacquired Shares. Any shares of Series A Participating ----------------- Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Restated Certificate of Incorporation, as then amended.

Appears in 9 contracts

Samples: Preferred Shares Rights Agreement (Tcsi Corp), Preferred Shares Rights Agreement (Access Health Inc), Preferred Shares Rights Agreement (Applied Imaging Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Restated Certificate of Incorporation, as then amended.

Appears in 8 contracts

Samples: Shareholder Rights Plan (Realnetworks Inc), Shareholder Rights Plan (Realnetworks Inc), Preferred Shares Rights Agreement (Polycom Inc)

Reacquired Shares. Any shares of Series A Participating ----------------- Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 8 contracts

Samples: Preferred Shares Rights Agreement (Cost Plus Inc/Ca/), Preferred Shares Rights Agreement (Netframe Systems Inc), Preferred Shares Rights Agreement (Quickturn Design Systems Inc)

Reacquired Shares. Any shares of Series A Participating ----------------- Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Restated Certificate of Incorporation, as then amended.

Appears in 7 contracts

Samples: Preferred Stock Rights Agreement (Liquid Audio Inc), Preferred Stock Rights Agreement (Software Com Inc), Preferred Stock Rights Agreement (Palm Inc)

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 7 contracts

Samples: Rights Agreement (Teton Petroleum Co), Rights Agreement (Quidel Corp /De/), Rights Agreement (Quidel Corp /De/)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Certificate of Incorporation, as then amended.

Appears in 7 contracts

Samples: Preferred Stock Rights Agreement (infoGROUP Inc.), Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Genesis Microchip Inc /De)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock, without designation as to series, and may be reissued as part of a new any series of Preferred Stock to be preferred stock created by resolution or resolutions of the Board of DirectorsDirectors (including Series A Preferred Stock), subject to the conditions and restrictions on issuance set forth herein.

Appears in 7 contracts

Samples: Rights Agreement (Checkfree Holdings Corp), Rights Agreement (California Amplifier Inc), Rights Agreement (Checkfree Corp \De\)

Reacquired Shares. Any shares of Series A One Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 6 contracts

Samples: Rights Agreement (TSR Inc), Rights Agreement (TSR Inc), Settlement Agreement (TSR Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 6 contracts

Samples: Rights Agreement (Exide Corp), Merger Agreement (Xoma Arizona Inc), Rights Agreement (Tandy Brands Accessories Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock without designation as to series and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to Directors as permitted by the conditions and restrictions on issuance set forth hereinCertificate of Incorporation or as otherwise permitted under Delaware Law.

Appears in 6 contracts

Samples: Rights Agreement (E Trade Group Inc), Rights Agreement (Gradall Industries Inc), Rights Agreement (Texas Instruments Inc)

Reacquired Shares. Any shares of Series Class A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 6 contracts

Samples: Rights Agreement (Resortquest International Inc), Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 6 contracts

Samples: Rights Agreement (Schnitzer Steel Industries Inc), Rights Agreement (Flowers Foods Inc), Rights Agreement (Flowers Industries Inc /Ga)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein.

Appears in 6 contracts

Samples: Rights Agreement (InspireMD, Inc.), Rights Agreement (Eagle Materials Inc), Rights Agreement (Alamosa Holdings Inc)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Series Preferred Stock and may be reissued as part of a new series of Series Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 6 contracts

Samples: Rights Agreement (SPS Technologies Inc), Rights Agreement (Cotelligent Group Inc), Rights Agreement (National Patent Development Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or By-laws or otherwise required by law.

Appears in 6 contracts

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

Reacquired Shares. Any shares of Series A D Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Amended and Restated Certificate of Incorporation, as then amended.

Appears in 5 contracts

Samples: Preferred Stock Rights Agreement (Intraware Inc), Preferred Stock Rights Agreement (Intraware Inc), Preferred Stock Rights Agreement (Intraware Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock by the Board pursuant to be created by resolution or resolutions the provisions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinCertificate.

Appears in 5 contracts

Samples: Rights Agreement (Pepsi Bottling Group Inc), Rights Agreement (GlobalOptions Group, Inc.), Rights Agreement (Pepsi Bottling Group Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock preferred stock, without designation as to series, and such shares may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 5 contracts

Samples: Rights Agreement (FXCM Inc.), Rights Agreement (FXCM Inc.), Rights Agreement (FXCM Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock without designation as to series and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to Directors as permitted by the conditions and restrictions on issuance set forth hereinCertificate of Incorporation or as otherwise permitted under Delaware Law.

Appears in 5 contracts

Samples: Rights Agreement (IHS Inc.), Rights Agreement (Callidus Software Inc), Rights Agreement (Aventine Renewable Energy Holdings Inc)

Reacquired Shares. Any shares of Series A B Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 5 contracts

Samples: Rights Agreement (Agouron Pharmaceuticals Inc), Preferred Shares Rights Agreement (Connetics Corp), Rights Agreement (Agouron Pharmaceuticals Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Shares and may be reissued as part of a new series of Preferred Stock Shares to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 5 contracts

Samples: Rights Agreement (Cooper Industries LTD), Rights Agreement (Cooper Industries LTD), Rights Agreement (Cooper Industries LTD)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Articles of Incorporation, as then amended.

Appears in 5 contracts

Samples: Preferred Shares Rights Agreement (Cholestech Corporation), Preferred Shares Rights Agreement (3dfx Interactive Inc), Preferred Shares Rights Agreement (Silicon Valley Bancshares)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued preferred shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock Shares to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 4 contracts

Samples: Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Morgans Foods Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock by the Board pursuant to be created by resolution or resolutions the provisions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinCertificate.

Appears in 4 contracts

Samples: Section 382 Rights Agreement (Taronis Fuels, Inc.), Tax Asset Protection Rights Agreement (Cambium Learning Group, Inc.), Section 382 Rights Agreement (Centrus Energy Corp)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock, without designation as to series, and may be reissued as part of a new any series of Preferred Stock to be preferred stock created by resolution or resolutions of the Board of DirectorsDirectors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth herein.

Appears in 4 contracts

Samples: Rights Agreement (Rocky Brands, Inc.), Rights Agreement (Rocky Brands, Inc.), Rights Agreement (Rocky Shoes & Boots Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Articles of Incorporation, as then amended.

Appears in 4 contracts

Samples: Preferred Stock Rights Agreement (Copart Inc), Preferred Stock Rights Agreement (Copart Inc), Preferred Stock Rights Agreement (Energy West Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein.

Appears in 4 contracts

Samples: Rights Agreement (Aep Industries Inc), Rights Agreement (Sunshine Heart, Inc.), Rights Agreement (Aep Industries Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or By-laws or otherwise required by law.

Appears in 4 contracts

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

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock the preferred stock of the Corporation and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions the preferred stock of the Board of DirectorsCorporation, subject to the conditions and restrictions on issuance set forth herein.

Appears in 4 contracts

Samples: Investment Agreement (TPG Advisors Ii Inc), Investment Agreement (Magellan Health Services Inc), Investment Agreement (Magellan Health Services Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Amended and Restated Articles of Incorporation, as then amended.

Appears in 4 contracts

Samples: Stockholders Rights Agreement (Box Ships Inc.), Stockholders Rights Agreement (Box Ships Inc.), Stockholders Rights Agreement (Diana Containerships Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth hereinprovisions of the Charter.

Appears in 4 contracts

Samples: Rights Agreement (Zimmer Holdings Inc), Rights Agreement (Zimmer Holdings Inc), Rights Agreement (Air Products & Chemicals Inc /De/)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock (without designation as to series) and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinin the Restated Certificate of Incorporation of the Corporation.

Appears in 4 contracts

Samples: Rights Agreement (Veritas DGC Inc), Rights Agreement (Iteq Inc), Rights Agreement (Iteq Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 4 contracts

Samples: Acquisition Agreement (EXOlifestyle, Inc.), Rights Agreement (Patrick Industries Inc), Rights Agreement (Commonwealth Energy Corp)

Reacquired Shares. Any shares of Series A Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 4 contracts

Samples: Shareholder Rights Agreement (Mac-Gray Corp), Shareholder Rights Agreement (Mac-Gray Corp), Shareholder Rights Agreement (Circor International Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein.

Appears in 4 contracts

Samples: Rights Agreement (Toreador Resources Corp), Rights Agreement (Vaalco Energy Inc /De/), Rights Agreement (Centex Construction Products Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Restated Articles of Incorporation, as then amended.

Appears in 4 contracts

Samples: Preferred Shares Rights Agreement (Aehr Test Systems), Preferred Shares Rights Agreement (Trimble Navigation LTD /Ca/), Preferred Shares Rights Agreement (Aehr Test Systems)

Reacquired Shares. Any shares of Series A Participating ----------------- Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Amended and Restated Certificate of Incorporation, as then amended.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (Bea Systems Inc), Preferred Stock Rights Agreement (Curon Medical Inc), Preferred Stock Rights Agreement (Catalytica Energy Systems Inc)

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series by the Corporation's Board of Preferred Stock Directors pursuant to be created by resolution or resolutions the provisions of Article 3 of the Board Certificate of Directors, subject to the conditions and restrictions on issuance set forth hereinIncorporation.

Appears in 3 contracts

Samples: Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to Directors of the conditions and restrictions on issuance set forth hereinCorporation.

Appears in 3 contracts

Samples: Rights Agreement (Guilford Mills Inc), Rights Agreement (Impath Inc), Rights Agreement (Noven Pharmaceuticals Inc)

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Reacquired Shares. Any shares of Series A B Participating Cumulative Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinin the Certificate of Incorporation.

Appears in 3 contracts

Samples: Rights Agreement (Chubb Corp), Rights Agreement (Chubb Corp), Rights Agreement (Chubb Corp)

Reacquired Shares. Any shares of Series A B Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Bristol Retail Solutions Inc), Rights Agreement (Bristol Retail Solutions Inc), Rights Agreement (Ramtron International Corp)

Reacquired Shares. Any shares of Series A D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to Directors of the conditions and restrictions on issuance set forth hereinCorporation.

Appears in 3 contracts

Samples: Rights Agreement (Columbia Laboratories Inc), Rights Agreement (Columbia Laboratories Inc), Rights Agreement (Novavax Inc)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Neose Technologies Inc), Rights Agreement (Neose Technologies Inc), Rights Agreement (Neose Technologies Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Delphi Automotive Systems Corp), Rights Agreement (Usw-C Inc), Rights Agreement (Activision Inc /Ny)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein or in the Restated Certificate, or as otherwise required by law.

Appears in 3 contracts

Samples: Preferred Shares Rights Agreement (Threshold Pharmaceuticals Inc), Rights Agreement, Preferred Shares Rights Agreement (Ap Pharma Inc /De/)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein or in the Restated Certificate of Incorporation.

Appears in 3 contracts

Samples: Rights Agreement (New Century Energies Inc), Rights Agreement (New Century Energies Inc), Rights Agreement (New Century Energies Inc)

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Toreador Resources Corp), Rights Agreement (Nuevo Energy Co), Rights Agreement (Metretek Technologies Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Section 382 Rights Agreement (CNO Financial Group, Inc.), Rights Agreement (Alpharma Inc), Rights Agreement (Kerr McGee Holdco Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or as otherwise required by law.

Appears in 3 contracts

Samples: Tax Benefits Preservation Plan (INNOVATE Corp.), Tax Benefits Preservation Plan (INNOVATE Corp.), Tax Benefits Preservation Plan (Hc2 Holdings, Inc.)

Reacquired Shares. Any shares of Series A B Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Restated Certificate of Incorporation, as then amended.

Appears in 3 contracts

Samples: Preferred Shares Rights Agreement (Phoenix Technologies LTD), Preferred Shares Rights Agreement (Phoenix Technologies LTD), Rights Agreement (Ross Systems Inc/Ca)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Shares and may be reissued as part of a new series of Preferred Stock Shares to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Garmin LTD), Rights Agreement (Garmin LTD), Rights Agreement (Garmin LTD)

Reacquired Shares. Any shares of Series A B Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock without designation as to series and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to Directors as permitted by the conditions and restrictions on issuance set forth hereinCertificate of Incorporation or as otherwise permitted under Delaware Law.

Appears in 3 contracts

Samples: Rights Agreement (Imclone Systems Inc), Rights Agreement (Imclone Systems Inc/De), Rights Agreement (McMoran Exploration Co /De/)

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Old Kent Financial Corp /Mi/), Rights Agreement (Old Kent Financial Corp /Mi/), Shareholder Rights Agreement (Genzyme Transgenics Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Spartan Motors Inc), Rights Agreement (Manatron Inc), Rights Agreement (Hastings Manufacturing Co)

Reacquired Shares. Any shares of Series A RP Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Onvia Com Inc), Rights Agreement (Finisar Corp), Rights Agreement (Anacomp Inc)

Reacquired Shares. Any shares of Series A C Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All The Company shall cause all such shares shall upon their cancellation become to be authorized but unissued shares of Preferred Stock and which may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsStock, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Butler National Corp), Rights Agreement (Butler National Corp), Rights Agreement (Butler National Corp)

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Certificate of Incorporation, as then amended.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Centex Corp), Rights Agreement (Imc Global Inc), Rights Agreement (Centex Corp)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Samples: Rights Agreement (Pinnacle West Capital Corp), Rights Agreement (Pinnacle West Capital Corp), Rights Agreement (Sitel Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of DirectorsDirectors of the Corporation, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Discovery Laboratories Inc /De/), Shareholder Rights Agreement (Discovery Laboratories Inc /De/)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein or in the Charter.

Appears in 2 contracts

Samples: Rights Agreement (First Industrial Realty Trust Inc), Rights Agreement (First Industrial Realty Trust Inc)

Reacquired Shares. Any shares of Series A Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Rights Agreement (American Science & Engineering Inc), Rights Agreement (Summit Technology Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Articles of Incorporation, as then amended.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Atmel Corp), Preferred Shares Rights Agreement (Atmel Corp)

Reacquired Shares. Any shares of Series A Preferred Preference Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Preference Stock and may be reissued as part of a new series of Preferred Preference Stock to be created by resolution or resolutions of the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Rights Agreement (Connecticut Water Service Inc / Ct), Rights Agreement (Connecticut Water Service Inc / Ct)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth hereinprovisions of ARTICLE FOURTH of the Certificate of Incorporation.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock (without designation as to series) and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinin the Certificate of Incorporation.

Appears in 2 contracts

Samples: Rights Agreement (Synagro Technologies Inc), Rights Agreement (Digicon Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Rights Agreement (StealthGas Inc.), Rights Agreement (Providence Service Corp)

Reacquired Shares. Any shares of Series A A-2 Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Series Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Rights Agreement (RCM Technologies Inc), Rights Agreement (RCM Technologies Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth hereinprovisions of the first paragraph of Division II of Article III.

Appears in 2 contracts

Samples: Rights Agreement (Pittston Co), Rights Agreement (Pittston Co)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth hereinprovisions of the Certificate of Incorporation.

Appears in 2 contracts

Samples: Rights Agreement (Bioveris Corp), Rights Agreement (Bioveris Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Banknorth Group Inc/Me), Rights Agreement (Peoples Heritage Financial Group Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Rights Agreement (Mmi Companies Inc), Rights Agreement (Mmi Companies Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such Such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may not be reissued as part of a new any series of preferred stock including Series A Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinStock).

Appears in 2 contracts

Samples: Rights Agreement (Computer Sciences Corp), Rights Agreement (Computer Sciences Corp)

Reacquired Shares. Any shares of Series A H Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Rights Agreement (Barnes & Noble Inc), Rights Agreement (Barnes & Noble Inc)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Shares and may be reissued as part of a new series of Preferred Stock Shares to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Pulte Homes Inc/Mi/), Section 382 Rights Agreement (Pulte Homes Inc/Mi/)

Reacquired Shares. Any shares of Series A X Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Wyndham International Inc), Shareholder Rights Agreement (Patriot American Hospitality Inc/De)

Reacquired Shares. Any shares of Series A F Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Rights Agreement (BioSig Technologies, Inc.), Rights Agreement (Federal Mogul Corp)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock Shares and may be reissued as part of a new series of Preferred Stock Shares to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Rights Agreement (Semx Corp), Rights Agreement (Lillian Vernon Corp)

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