Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 198 contracts
Samples: Tax Benefits Preservation Plan (Velodyne Lidar, Inc.), Rights Agreement, Rights Agreement (Essendant Inc)
Reacquired Shares. Any shares of Series A Junior 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 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 131 contracts
Samples: Tax Benefits Preservation Plan (XWELL, Inc.), Rights Agreement (Staffing 360 Solutions, Inc.), Rights Agreement (Silver Star Properties Reit, Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 49 contracts
Samples: Rights Agreement (Dawson Geophysical Co), Rights Agreement (Insperity, Inc.), Rights Agreement (Forum Energy Technologies, Inc.)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 36 contracts
Samples: Section 382 Rights Agreement (Comstock Holding Companies, Inc.), Rights Agreement (Solitron Devices Inc), Tax Benefits Preservation Rights Agreement (Myrexis, Inc.)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 Amended and Restated Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 33 contracts
Samples: Rights Agreement (Harbor BioSciences, Inc.), Rights Agreement (Allos Therapeutics Inc), Rights Agreement (Wind River Systems Inc)
Reacquired Shares. Any shares of Series A B Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 20 contracts
Samples: Tax Benefits Preservation Plan (Forestar Group Inc.), Tax Benefits Preservation Plan (CF Industries Holdings, Inc.), Rights Agreement (American Apparel, Inc)
Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 14 contracts
Samples: Rights Agreement (Twin Disc Inc), Rights Agreement (Nobel Learning Communities Inc), Rights Agreement (Friendly Ice Cream Corp)
Reacquired Shares. Any shares of Series A C Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 11 contracts
Samples: Rights Agreement (Avalon Pharmaceuticals Inc), Rights Agreement (Wang Laboratories Inc), Rights Agreement (Corecomm LTD /De/)
Reacquired Shares. Any shares of Series A Junior ----------------- 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 11 contracts
Samples: Rights Agreement (Microsemi Corp), Rights Agreement (Select Medical Corp), Rights Agreement (Nobel Learning Communities Inc)
Reacquired Shares. Any shares of Series A B Junior 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 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 10 contracts
Samples: Tax Benefits Preservation Plan (CarParts.com, Inc.), Tax Benefits Preservation Plan (CarParts.com, Inc.), Rights Agreement (Occidental Petroleum Corp /De/)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 10 contracts
Samples: Rights Agreement (Huttig Building Products Inc), Rights Agreement (Insituform Technologies Inc), Rights Agreement (United Therapeutics Corp)
Reacquired Shares. Any shares of Series A Junior Participating 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 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: Section 382 Rights Agreement (TiVo Corp), Section 382 Rights Agreement (Beazer Homes Usa Inc), Section 382 Rights Agreement (Rovi Corp)
Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 9 contracts
Samples: Rights Agreement (General Maritime Corp/), Rights Agreement (Startech Environmental Corp), Rights Agreement (General Maritime Corp/)
Reacquired Shares. Any shares of Series A Junior Participating 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 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: Tax Benefits Preservation Plan (Acacia Research Corp), Shareholder Rights Agreement (El Paso Energy Corp/De), Rights Agreement (Vertex Aerospace Inc)
Reacquired Shares. Any shares of Series A B Junior Participating 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 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: Section 382 Rights Agreement (Toll Brothers Inc), Rights Agreement (Duratek Inc), Rights Agreement (Arbitron Inc)
Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the any conditions and restrictions on issuance set forth herein.
Appears in 7 contracts
Samples: Rights Agreement (Garden Ridge Corp), Rights Agreement (General Motors Corp), Rights Agreement (Mortons Restaurant Group Inc)
Reacquired Shares. Any shares of Series A C Junior 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 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 6 contracts
Samples: Rights Agreement (Scientific Games Corp), Rights Agreement (Scientific Games Corp), Rights Agreement (DHT Holdings, Inc.)
Reacquired Shares. Any shares Units of Series A Junior 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 Units shall, upon their cancellation cancellation, become authorized but unissued shares (or fractions of 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 (Darden Restaurants Inc), Tax Benefits Preservation Plan, Rights Agreement (Pinnacle Entertainment Inc.)
Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 6 contracts
Samples: Rights Agreement (Corecomm Inc), Rights Agreement (Ametek Aerospace Products Inc), Rights Agreement (Speedus Com Inc)
Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.. Section
Appears in 6 contracts
Samples: Rights Agreement (Usn Communications Inc), Rights Agreement (Cell Pathways Holdings Inc), Rights Agreement (Ivex Packaging Corp /De/)
Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions of the Board board of Directorsdirectors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Chicago Mercantile Exchange Holdings Inc), Merger Agreement (Cbot Holdings Inc), Agreement and Plan of Merger (Cme Group Inc.)
Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 6 contracts
Samples: Rights Agreement (News Corp), Rights Agreement (News Corp), Rights Agreement (News Corp)
Reacquired Shares. Any shares of Series A Junior ----------------- Participating 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 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 (Cambridge Technology Partners Massachusetts Inc), Rights Agreement (Solitron Devices Inc), Rights Agreement (Cambridge Technology Partners Massachusetts Inc)
Reacquired Shares. Any shares of Series A C Junior Participating 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 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: Section 382 Rights Agreement (Cohen & Co Inc.), Section 382 Rights Agreement (Cohen & Co Inc.), Section 382 Rights Agreement (Institutional Financial Markets, Inc.)
Reacquired Shares. Any shares of Series A D Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 5 contracts
Samples: Rights Agreement (Wabash National Corp /De), Rights Agreement (Planar Systems Inc), Rights Agreement (Wabash National Corp /De)
Reacquired Shares. Any shares of Series A Junior Participating 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 shall, upon their cancellation 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 hereinherein or as otherwise required by law.
Appears in 4 contracts
Samples: Rights Agreement (Communications Systems Inc), Rights Agreement (Transport Corporation of America Inc), Rights Agreement (RTW Inc /Mn/)
Reacquired Shares. Any shares of Series A Junior Participating 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 serial designation, 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 4 contracts
Samples: Rights Agreement (Lci International Inc /Va/), Rights Agreement (First Priority Group Inc), Rights Agreement (3-D Geophysical Inc)
Reacquired Shares. Any shares of Series A B Junior Participating 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 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 (Depomed Inc), Rights Agreement (Wave Technologies International Inc), Rights Agreement (Graff Pay Per View Inc /De/)
Reacquired Shares. Any shares of Series A C Junior 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 Series C Junior Participating 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: Rights Agreement (Anchor Glass Container Corp /New), Rights Agreement (Anchor Glass Container Corp /New), Rights Agreement (Anchor Glass Container Corp /New)
Reacquired Shares. Any shares of Series A A-1 Junior Participating 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 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 4 contracts
Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc), Section 382 Rights Agreement (Reinsurance Group of America Inc), Rights Agreement (Reinsurance Group of America Inc)
Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 4 contracts
Samples: Rights Agreement (Natural Microsystems Corp), Rights Agreement (Innovasive Devices Inc), Rights Agreement (Natural Microsystems Corp)
Reacquired Shares. Any shares of Series A 1999 Junior Participating 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 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 (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 (Alkermes Inc), Rights Agreement (Alkermes Inc), Rights Agreement (Perot Systems Corp)
Reacquired Shares. Any shares of Series A C Junior Participating 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 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 (Amerco /Nv/), Rights Agreement (Amerco /Nv/), Rights Agreement (Mobile Mini Inc)
Reacquired Shares. Any shares of Series A Junior Participating Preferred Special 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 Special Stock and may be reissued as part of a new series of Preferred Special 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 (Schulman a Inc), Rights Agreement (Schulman a Inc), Rights Agreement (Schulman a Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 (Icu Medical Inc/De), Rights Agreement (Icu Medical Inc/De), Rights Agreement (Icu Medical Inc/De)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 (Kentucky Electric Steel Inc /De/), Rights Agreement (Reinsurance Group of America Inc), Rights Agreement (President Casinos Inc)
Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock Shares, 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 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 DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein.
Appears in 3 contracts
Samples: Renewal Rights Agreement (Enterprise Bancorp Inc /Ma/), Renewal Rights Agreement (Enterprise Bancorp Inc /Ma/), Rights Agreement (Sis Bancorp Inc)
Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 3 contracts
Samples: Rights Agreement (Nui Holding Co), Rights Agreement (Nui Corp), Rights Agreement (Nui Corp)
Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation said 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 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 (Stanley Works), Rights Agreement (Stanley Works), Rights Agreement (Stanley Works)
Reacquired Shares. Any shares of Series A E Junior Participating 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 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 (Swank, Inc.), Rights Agreement (Swank, Inc.), Rights Agreement (Cybercash Inc)
Reacquired Shares. Any shares of Series A C Junior Participating 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 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, Rights Agreement (J C Penney Co Inc), Rights Agreement (J C Penney Co Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 hereinCompany.
Appears in 3 contracts
Samples: Rights Agreement (Minerals Technologies Inc), Rights Agreement (Minerals Technologies Inc), Rights Agreement (Minerals Technologies Inc)
Reacquired Shares. Any shares of Series A B Junior Participating 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 shall, upon their cancellation 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 hereinherein or as otherwise required by law.
Appears in 3 contracts
Samples: Rights Agreement (Premiumwear Inc), Rights Agreement (Arctic Cat Inc), Rights Agreement (Hector Communications Corp)
Reacquired Shares. Any shares of Series A Junior 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 of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein.
Appears in 3 contracts
Samples: Rights Agreement (Tempur Sealy International, Inc.), Rights Agreement (A & B II, Inc.), Rights Agreement (Maxum Petroleum Holdings, Inc.)
Reacquired Shares. Any shares of Series A B Junior Participating 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 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 (DHB Industries Inc), Rights Agreement (Mercantile Bancorporation Inc), Rights Agreement (Mercantile Bancorporation Inc)
Reacquired Shares. Any shares of Series A Junior Participating Cumulative 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 Cumulative Preferred Stock and may be reissued as part of a new series of Cumulative 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 (Harsco Corp), Rights Agreement (Harsco Corp), Rights Agreement (Harsco Corp)
Reacquired Shares. Any shares Units of Series A B Junior 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 Units shall, upon their cancellation cancellation, become authorized but unissued shares (or fractions of 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: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (ICO Global Communications (Holdings) LTD), Section 382 Rights Agreement (Mindspeed Technologies, Inc)
Reacquired Shares. Any shares of Series A Junior 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 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 or the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein.
Appears in 3 contracts
Samples: Rights Agreement (Cairn Energy Usa Inc), Rights Agreement (Swift Energy Co), Rights Agreement (Diversified Corporate Resources Inc)
Reacquired Shares. Any shares of Series A C Junior Participating Convertible 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 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 (Quanta Services Inc), Rights Agreement (Quanta Services Inc), Rights Agreement (Quanta Services Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 hereinArticles.
Appears in 3 contracts
Samples: Section 382 Rights Agreement (Zoom Telephonics, Inc.), Rights Agreement (Zoom Telephonics, Inc.), Rights Agreement (Ariad Pharmaceuticals Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 of the Corporation.
Appears in 3 contracts
Samples: Rights Agreement (Nicor Inc), Rights Agreement (Nicor Inc), Rights Agreement (Nicor Inc)
Reacquired Shares. Any shares of Series A B Junior Participating 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 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 2 contracts
Samples: Rights Agreement (Green a P Industries Inc), Rights Agreement (Shorewood Packaging Corp)
Reacquired Shares. Any shares of Series A C Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Samples: Rights Agreement (Uniroyal Technology Corp), Rights Agreement (Uniroyal Technology Corp)
Reacquired Shares. Any shares of Series A Class C Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Samples: Amalgamation Agreement (NTL Inc /De/), Agreement and Plan of Amalgamation (Comcast Uk Cable Partners LTD)
Reacquired Shares. Any shares Units of Series A Junior Participating 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 Units shall, upon their cancellation cancellation, become part of the 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. 6.
Appears in 2 contracts
Samples: Rights Agreement (Mercury Systems Inc), Rights Agreement (Mercury Systems Inc)
Reacquired Shares. Any shares of Series A 1999 Junior Participating 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 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 of the Corporation.
Appears in 2 contracts
Samples: Rights Agreement (Southtrust Corp), Rights Agreement (Southtrust Corp)
Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock redeemed, 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 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: Section 382 Rights Agreement (Parker Drilling Co /De/), Rights Agreement (Parker Drilling Co /De/)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 (Geon Co), Rights Agreement (First American Financial Corp)
Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereofsuch purchase or acquisition. 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 (Corn Products International Inc), Rights Agreement (Corn Products International Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 herein.
Appears in 2 contracts
Samples: Rights Agreement (Northwest Pipe Co), Rights Agreement (Flir Systems Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 any conditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Samples: Rights Agreement (Alteva, Inc.), Rights Agreement (Alteva, Inc.)
Reacquired Shares. Any shares of Series A 4 Junior Participating 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 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 2 contracts
Samples: Rights Agreement (Worldcom Inc/ga//), Restated Rights Agreement (Worldcom Inc/ga//)
Reacquired Shares. Any shares of Series A Junior Participating 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 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 (Piedmont Natural Gas Co Inc), Rights Agreement (Philip Services Corp/De)
Reacquired Shares. Any shares of Series A Junior Participating 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 shall become authorized but unissued shares of Preferred Stock 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 Charter, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 2 contracts
Samples: Rights Agreement (GigOptix, Inc.), Rights Agreement (GigOptix, Inc.)
Reacquired Shares. Any shares of Series A Junior 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 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 2 contracts
Samples: Tax Benefits Preservation Plan (Genesis Healthcare, Inc.), Rights Agreement (Corelogic, Inc.)
Reacquired Shares. Any shares of Series A Junior ----------------- Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, or reclassified as Common Stock or other stock of the Corporation as provided in the Corporation's Articles of Incorporation.
Appears in 2 contracts
Samples: Rights Agreement (HMC Merger Corp), Rights Agreement (Crestline Capital Corp)
Reacquired Shares. Any shares of Series A B Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Samples: Rights Agreement (Weight Watchers International Inc), Rights Agreement (Browning Ferris Industries Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 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: Stockholder Rights Agreement (PJT Partners Inc.), Stockholder Rights Agreement (PJT Partners Inc.)
Reacquired Shares. Any shares of Series A A-1 Junior Participating 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 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 (Enzon Pharmaceuticals, Inc.), Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.)
Reacquired Shares. Any shares of Series A G Junior Participating 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 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 2 contracts
Samples: Rights Agreement (Iparty Corp), Rights Agreement (Iparty Corp)
Reacquired Shares. Any shares of Series A Junior ----------------- Participating 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 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 (Hawaiian Electric Industries Inc), Rights Agreement (Icu Medical Inc/De)
Reacquired Shares. Any shares of Series A Junior 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 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 DirectorsBoard, subject to the any conditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Samples: Rights Agreement (Volcano CORP), Rights Agreement (Volcano CORP)
Reacquired Shares. Any shares of Series A Junior 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 of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Articles or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 2 contracts
Samples: Tax Benefit Preservation Plan (Aetrium Inc), Tax Benefit Preservation Plan (Aetrium Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions shares of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinpreferred stock.
Appears in 2 contracts
Samples: Rights Agreement (Excel Industries Inc), Rights Agreement (Excel Industries Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 n s 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 (Asure Software Inc), Rights Agreement (Asure Software Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 and may be reissued Shares, 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 (Recoton Corp), Rights Agreement (Recoton Corp)
Reacquired Shares. Any shares of Series A B Junior Participating 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 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: Tax Benefits Preservation Plan (Acacia Research Corp), Rights Agreement (Baxter International Inc)
Reacquired Shares. Any shares of Series A B Junior Participating 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 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 (Honeywell Inc), Rights Agreement (Honeywell Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 Series A Junior 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 hereinreissued.
Appears in 2 contracts
Samples: Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (ABX Holdings, Inc.)
Reacquired Shares. Any shares of Series A Class D Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Samples: Agreement and Plan of Amalgamation (Comcast Uk Cable Partners LTD), Amalgamation Agreement (NTL Inc /De/)
Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock Shares 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 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 (Stanley Works LTD), Rights Agreement (Stanley Works)
Reacquired Shares. Any shares of Series A Junior 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 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, 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 2 contracts
Samples: Rights Agreement (Illumina Inc), Rights Agreement (Central European Distribution Corp)
Reacquired Shares. Any shares of Series A E Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Samples: Rights Agreement (Orapharma Inc), Rights Agreement (Orapharma Inc)
Reacquired Shares. Any shares of Series A Junior Participating ----------------- 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 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 (Cytyc Corp), Rights Agreement (Cytyc Corp)
Reacquired Shares. Any shares of Class 1 Series A Junior ----------------- Participating 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 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 (Wit Capital Group Inc), Rights Agreement (Wit Capital Group Inc)
Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation 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 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 (Anchor Gaming), Rights Agreement (Anchor Gaming)
Reacquired Shares. Any shares of Series A Junior 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 of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Samples: Rights Agreement (Norfolk Southern Corp), Rights Agreement (Norfolk Southern Corp)
Reacquired Shares. Any shares of Series A B Junior Participating 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 and become authorized but unissued shares of Preferred Stock 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, preferred stock subject to the conditions and restrictions on issuance set forth herein, in the Restated 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 2 contracts
Samples: Rights Agreement (Covansys Corp), Rights Agreement (Covansys Corp)
Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock Stock, Series A 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.
Appears in 2 contracts
Samples: Rights Agreement (Navistar International Corp), Rights Agreement (Navistar International Corp)
Reacquired Shares. Any shares of Series A Junior 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 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 (Baxalta Inc), Rights Agreement (Zoetis Inc.)
Reacquired Shares. Any shares of Series A Junior 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 Series A Junior Participating 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 (Trans World Entertainment Corp), Rights Agreement (Trans World Entertainment Corp)
Reacquired Shares. Any shares of Class 2 Series A Junior ----------------- Participating 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 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 (Wit Capital Group Inc), Rights Agreement (Wit Capital Group Inc)
Reacquired Shares. Any shares of Series A D Junior Participating 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 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, Rights Agreement (Borland Software Corp)
Reacquired Shares. Any shares of Class B Series A 2 Junior Participating 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 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 2 contracts
Samples: Rights Agreement (Angelica Corp /New/), Rights Agreement (Angelica Corp /New/)
Reacquired Shares. Any shares of Series A B Junior Participating Cumulative 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 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 (Sea Pines Associates Inc), Rights Agreement (Sea Pines Associates Inc)
Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.. Section
Appears in 2 contracts
Samples: Rights Agreement (Family Bargain Corp), Rights Agreement (Family Bargain Corp)
Reacquired Shares. Any shares of Series A B Junior Participating 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 to be created by resolution or resolutions of the Board of DirectorsStock, subject to the conditions and restrictions on issuance set forth hereinin this Amended and Restated Certificate of Incorporation or in any 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 (Frontline Capital Group), Rights Agreement (Frontline Capital Group)
Reacquired Shares. Any shares of Series A __ Junior Participating Cumulative 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 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 2 contracts
Samples: Shareholder Protection Rights Agreement (Post Holdings, Inc.), Shareholder Protection Rights Agreement (Post Holdings, Inc.)
Reacquired Shares. Any shares of Series A B Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.but
Appears in 2 contracts
Samples: Rights Agreement (Consolidated Stores Corp /De/), Rights Agreement (Consolidated Stores Corp /De/)