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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 198 contracts

Samples: Rights Agreement (Talos Energy Inc.), Rights Agreement (Talos Energy Inc.), Rights Agreement (Terran Orbital Corp)

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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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 69 contracts

Samples: Rights Agreement (Ballantyne Strong, Inc.), Rights Agreement (Euronet Worldwide Inc), Rights Agreement (Compass Minerals International 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, herein or in the Restated Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 26 contracts

Samples: Rights Agreement (Repligen Corp), Rights Agreement (Pc Service Source Inc), Rights Agreement (Applied Science & Technology 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 20 contracts

Samples: Rights Agreement (National Instruments Corp), Rights Agreement (Wesco International Inc), Rights Agreement (Forest Laboratories 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 cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 19 contracts

Samples: Rights Agreement (El Pollo Loco Holdings, Inc.), Rights Agreement (Sylvamo Corp), Section 382 Rights Agreement (Team 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 17 contracts

Samples: Rights Agreement (Active Power Inc), Rights Agreement (Us Foodservice/Md/), Rights Agreement (Delta Holdco 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 16 contracts

Samples: Rights Agreement (Eagle Bulk Shipping Inc.), Rights Agreement (Eagle Bulk Shipping Inc.), Rights Agreement (Winland Electronics 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 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, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Charter or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 15 contracts

Samples: Preferred Shares Rights Agreement, Tax Benefit Preservation Plan (Aviat Networks, Inc.), Preferred Shares Rights Agreement (China Biologic Products, 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 14 contracts

Samples: Rights Agreement (ASTROTECH Corp), Rights Agreement (Resolute Energy Corp), Rights Agreement (ASTROTECH 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate certificate of Incorporationincorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 12 contracts

Samples: Rights Agreement (Crossroads Systems Inc), Rights Agreement (QRS Corp), Rights Agreement (Image Entertainment 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 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 subject to be created by resolution or resolutions of the conditions and restrictions on issuance set forth herein, in Board of Directors as permitted by the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock Incorporation or as otherwise required by lawpermitted under Delaware Law.

Appears in 11 contracts

Samples: Rights Agreement (Murphy Oil Corp /De), Rights Agreement (Trans World Airlines Inc /New/), Rights Agreement (Netro Corp)

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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 11 contracts

Samples: Rights Agreement (Lenox Group Inc), Rights Agreement (Source Services Corp), Rights Agreement (Laclede 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 11 contracts

Samples: Rights Agreement (Intuit Inc), Rights Agreement (Flow International Corp), Rights Agreement (Flow International 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock preferred stock or any similar stock or as otherwise required by law.

Appears in 9 contracts

Samples: Rights Agreement (Hickory Tech Corp), Rights Agreement (Possis Medical Inc), Rights Agreement (Mgi Pharma 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 9 contracts

Samples: Rights Agreement (Brigham Exploration Co), Rights Agreement (Cytogen Corp), Rights Agreement (Cytogen Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 9 contracts

Samples: Rights Agreement (Dollar Thrifty Automotive Group Inc), Rights Agreement (Dollar Thrifty Automotive Group Inc), Rights Agreement (Dollar Thrifty Automotive Group Inc)

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

Appears in 8 contracts

Samples: Rights Agreement (Vulcan Materials CO), Rights Agreement (Hospitality Worldwide Services Inc), Rights Agreement (Southern New England Telecommunications 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 8 contracts

Samples: Rights Agreement (MRV Communications Inc), Rights Agreement (Allergan Inc), Reit Status Protection Rights Agreement (Iron Mountain 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations resolutions creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 8 contracts

Samples: Shareholder Rights Agreement (Univest Corp of Pennsylvania), Rights Agreement (Sovereign Bancorp Inc), Rights Agreement (Sovereign Bancorp Inc)

Reacquired Shares. Any shares of Series A E Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 7 contracts

Samples: Rights Agreement (Medifast Inc), Rights Agreement (Cosi Inc), Rights Agreement (Osteotech 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 cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 7 contracts

Samples: Section 382 Rights Agreement (Carvana Co.), Section 382 Rights Agreement (Carvana Co.), Rights Agreement (LEE ENTERPRISES, 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 7 contracts

Samples: Rights Agreement (GTJ REIT, Inc.), Rights Agreement (Diamondcluster International Inc), Rights Agreement (GTJ REIT, 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, Incorporation of the Corporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 7 contracts

Samples: Rights Agreement (Container Store Group, Inc.), Rights Agreement (AN2 Therapeutics, Inc.), Rights Agreement (Kaltura Inc)

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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 7 contracts

Samples: Rights Agreement (Macropore Inc), Rights Agreement (Remec Inc), Rights Agreement (Datron Systems 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment or Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Towerstream Corp), Rights Agreement (Iris International Inc), Rights Agreement (Tag It Pacific 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 cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but and unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Water Pik Technologies Inc), Rights Agreement (Water Pik Technologies Inc), Rights Agreement (Allegheny Teledyne Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Tax Asset Protection Rights Agreement (Comscore, Inc.), Tax Asset Protection Rights Agreement (Kaiser Aluminum Corp), Section 382 Rights Agreement (Howard Hughes 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 cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Restated Certificate of Incorporation, or in including any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Expressjet Holdings Inc), Rights Agreement (Continental Airlines Inc /De/), Rights Agreement (Expressjet Holdings 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Rudolph Technologies Inc), Rights Agreement (Huttig Building Products Inc), Rights Agreement (Martin Industries 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations Determination creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Cisco Systems Inc), Rights Agreement (Greater Bay Bancorp), Rights Agreement (Cisco Systems 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 cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may thereafter be reissued issued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock of the Corporation or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Tri Valley Corp), Rights Agreement (Tri Valley Corp), Rights Agreement (Titan Exploration 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 cancelled 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 Stock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Charter or in any other Certificate of Designations articles supplementary creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Shareholder Rights Agreement (Mack Cali Realty L P), Shareholder Rights Agreement (Mack Cali Realty Corp), Shareholder Rights Agreement (Philips International Realty 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Ultimate Software Group Inc), Preferred Share Purchase Rights Agreement (Crane Co /De/), Rights Agreement (Ultimate Software 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Nucor Corp), Rights Agreement (Harris Interactive Inc), Rights Agreement (Movie Gallery Inc)

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

Appears in 6 contracts

Samples: Rights Agreement (SWK Holdings Corp), Rights Agreement (SWK Holdings Corp), Rights Agreement (SWK Holdings 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Renovis Inc), Rights Agreement (Design Within Reach Inc), Rights Agreement (Santarus Inc)

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

Appears in 5 contracts

Samples: Rights Agreement (Youbet Com Inc), Rights Agreement (CLST Holdings, Inc.), Rights Agreement (Hovnanian Enterprises 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Rent a Center Inc De), Rights Agreement (Rent a Center Inc De), Rights Agreement (Medifast Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate articles of Designations amendment to this Charter creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Cracker Barrel Old Country Store, Inc), Rights Agreement (Cracker Barrel Old Country Store, Inc), Rights Agreement (Cracker Barrel Old Country Store, Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Gliatech Inc), Rights Agreement (Gliatech Inc), Rights Agreement (Harman International Industries Inc /De/)

Reacquired Shares. Any shares of Series A E Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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, in the Certificate of IncorporationCharter, or in any other Certificate of Designations Articles Supplementary creating a series of Preferred Stock (or any similar stock stock) or as otherwise required by law.

Appears in 5 contracts

Samples: Tax Benefits Preservation Plan (Drive Shack Inc.), Tax Benefits Preservation Plan (Drive Shack Inc.), Tax Benefits Preservation Plan (Drive Shack Inc.)

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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Subordinated Convertible Debenture Purchase Agreement (Photoworks Inc /Wa), Rights Agreement (Pyramid Breweries Inc), Rights Agreement (Washington Mutual Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Tengasco Inc), Rights Agreement (Vaalco Energy Inc /De/), Rights Agreement

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of IncorporationIncorporation of the Company, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Jan Bell Marketing Inc), Rights Agreement (Vivid Technologies Inc), Rights Agreement (Heartport 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of IncorporationOrganization, or in any other Certificate of Designations Vote creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Analog Devices Inc), Rights Agreement (Filenes Basement Corp), Rights Agreement (Filenes Basement 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate articles of Designations amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Vera Bradley, Inc.), Shareholder Rights Agreement (Mimedx Group, Inc.), Rights Agreement (Florida Rock Industries 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock preferred stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (C H Robinson Worldwide Inc), Rights Agreement (Pemstar Inc), Rights Agreement (Pemstar Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Amended and Restated Articles of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Brush Engineered Materials Inc), Rights Agreement (Brush Engineered Materials Inc), Rights Agreement (Brush Engineered Materials 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 cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but and unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Teledyne Technologies Inc), Rights Agreement (Teledyne Technologies Inc), Rights Agreement (Teledyne 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 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 Stock, subject to the conditions and restrictions on issuance set forth herein, in articles of amendment of articles of incorporation of the Certificate of IncorporationCorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Cree Inc), Rights Agreement (Quintiles Transnational Corp), Rights Agreement (Cree 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Medivation, Inc.), Rights Agreement (Falcon Drilling Co Inc), Rights Agreement (Alarmguard Holdings 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Foster Wheeler Corp), Rights Agreement (Axcelis Technologies Inc), Rights Agreement (Axcelis 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Tax Benefit Preservation Plan (Maxar Technologies Inc.), Rights Agreement (Skullcandy, Inc.), Rights Agreement (Safeway 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate Statement of Designations creating Resolutions establishing a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (American Physicians Service Group Inc), Rights Agreement (Ennis Business Forms Inc), Rights Agreement (Gadzooks 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate certificate of Designations designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Tax Benefits Preservation Plan (Oasis Petroleum Inc.), Rights Agreement (Nuverra Environmental Solutions, Inc.), Tax Benefits Preservation Plan (Bonanza Creek Energy, 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Keystone Automotive Industries Inc), Rights Agreement (Amgen Inc), Rights Agreement (Amgen 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock preferred stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Obagi Medical Products, Inc.), Rights Agreement (Gtsi Corp), Rights Agreement (Cbot 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock preferred stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Fuller H B Co), Rights Agreement (Integ Incorp), Rights Agreement (Labor Ready 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate Articles of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Darden Restaurants Inc), Rights Agreement (Mid American Energy Holdings Co /New/), Rights Agreement (First Commerce Corp /La/)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement, Rights Agreement (Sunpower Corp), Affiliation Agreement (Sunpower 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required or permitted by law.

Appears in 4 contracts

Samples: Rights Agreement (Quicksilver Resources Inc), Rights Agreement (Vintage Petroleum Inc), Rights Agreement (Quicksilver Resources 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of IncorporationOrganization, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (State Street Corp), Rights Agreement (State Street Corp), Rights Agreement (State Street 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 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 Series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series Series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Tandy Leather Factory Inc), Rights Agreement (Haynes International Inc), Rights Agreement (Tim Hortons 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 cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Series A Preferred Stock and may be reissued as part of a new series of Series A Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, herein or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Brightpoint Inc), Rights Agreement (Computer Network Technology Corp), Rights Agreement (Us Home & Garden Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of IncorporationIncorporation of the Corporation, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Nomination Agreement (AO Partners I, LP), Rights Agreement (Air T Inc), Nomination Agreement (Air T 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 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 subject to the conditions and restrictions on issuance set forth hereinin this resolution, in the Certificate Articles of Incorporation, as amended, of the Corporation or in any other Certificate Articles of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Investors Title Co), Rights Agreement (Investors Title Co), Rights Agreement (Investors Title Co)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Impac Commercial Holdings Inc), Rights Agreement (BNC Mortgage Inc), Rights Agreement (Impac Mortgage Holdings Inc)

Reacquired Shares. Any shares of Series A 1 Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (CAPSTONE TURBINE Corp), Rights Agreement (Active Power Inc), Rights Agreement (CAPSTONE TURBINE 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate articles of Designations amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (FRP Properties Inc), Rights Agreement (FRP Properties Inc), Rights Agreement (FRP Properties 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 cancelled 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 the Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Company's Certificate of Incorporation, or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Advance Financial Bancorp), Rights Agreement (Advance Financial Bancorp), Rights Agreement (Guaranty Federal Bancshares 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 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 subject to the conditions condi- tions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar sim- ilar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Schering Plough Corp), Rights Agreement (Schering Plough Corp), Rights Agreement (Fisher Scientific International 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Tii Industries Inc), Rights Agreement (Usg Corp), Rights Agreement (Allied Products Corp /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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Forest Oil Corp), Rights Agreement (Dusa Pharmaceuticals Inc), Rights Agreement (Dusa Pharmaceuticals 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 cancelled 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 the Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Company’s Articles of Incorporation, or in any other Certificate of Designations Articles Supplementary creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Warren Resources Inc), Rights Agreement (Double Eagle Petroleum Co), Rights Agreement (Double Eagle Petroleum Co)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner any, manner, whatsoever shall be retired and 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate Restated Articles of IncorporationOrganization, or in as amended, including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A B-1 Preferred Stock converted, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Securities Purchase Agreement (La Jolla Pharmaceutical Co), Securities Purchase Agreement (Biomarin Pharmaceutical Inc), Securities Purchase Agreement (Biomarin Pharmaceutical 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 cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may be reissued as part of a new series of Preferred Stock to be created by resolution of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Celadon Group Inc), Rights Agreement (Celadon Group Inc), Rights Agreement (Superior Telecom 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Eltron International Inc), Rights Agreement (Advanced Machine Vision Corp), Rights Agreement (Point 360)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock herein or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Gemstar International Group LTD), Rights Agreement (Medcath Inc), Rights Agreement (Gemstar International Group LTD)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment to the Certificate of Incorporation or Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Farmers & Merchants Bancorp), Rights Agreement (Farmers & Merchants Bancorp), Rights Agreement (Farmers & Merchants Bancorp)

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 cancelled 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 the Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Company's Articles of Incorporation, or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Fidelity Bancorp Inc), Rights Agreement (Fidelity Bancorp Inc), Rights Agreement (Thistle Group Holdings Co)

Reacquired Shares. Any shares of Series A Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled 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 subject to the conditions and restrictions on issuance set forth herein, herein or in the Restated Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Transwitch Corp /De), Rights Agreement (Avici Systems Inc), Rights Agreement (Avici Systems 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Particle Drilling Technologies Inc/Nv), Rights Agreement (Health Risk Management Inc /Mn/), Rights Agreement (Northwest Teleproductions 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, as amended, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Accuride Corp), Rights Agreement (Accuride Corp), Rights Agreement (Accuride 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations Amendment to the Articles of Incorporation or Certificate of Determination creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (California Water Service Group)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations Articles Supplementary creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Agree Realty Corp), Rights Agreement (Walden Residential Properties Inc), Rights Agreement (Agree Realty 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 3 contracts

Samples: Tax Benefits Preservation Plan (Seachange International Inc), Tax Benefits Preservation Plan (Seachange International Inc), Rights Agreement (Scolr 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations Amendment or Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Century Casinos Inc), Rights Agreement (Team Financial Inc /Ks), Rights Agreement (Biosource International 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Company's Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Career Education Corp), Rights Agreement (Nanophase Technologies Corporation)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Concentra Managed Care Inc), Rights Agreement (Chase 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 cancelled 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Tivo Inc), Rights Agreement (Tivo 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate Statement of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Software Spectrum Inc), Rights Agreement (Software Spectrum 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Company’s Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Nanophase Technologies Corporation), Rights Agreement (Nanophase Technologies Corporation)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may thereafter be reissued issued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock of the Corporation or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Data Return Corp), Rights Agreement (Noble Drilling 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Exodus Communications Inc), Rights Agreement (P Com 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 cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation, or in including any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (MEI Pharma, Inc.), Rights Agreement (Loral Space & Communications 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 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 subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Coinstar Inc), Stockholder Rights Agreement (Eprise 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 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 subject to the conditions condi- tions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

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

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