Common use of Reacquired Shares Clause in Contracts

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

Appears in 10 contracts

Samples: Rights Agreement (Innospec Inc.), Rights Agreement (Adam Inc), Rights Agreement (True North Communications Inc)

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

Appears in 9 contracts

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

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

Appears in 7 contracts

Samples: Rights Agreement (Quidel Corp /De/), Rights Agreement (Quidel Corp /De/), Stockholder Rights Agreement (Nurx Pharmaceuticals, Inc.)

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

Appears in 6 contracts

Samples: Rights Agreement (R H Donnelley Corp), Rights Agreement (Texas Instruments Inc), Rights Agreement (Gradall Industries Inc)

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

Appears in 6 contracts

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

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

Appears in 5 contracts

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

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued 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 Incorporation 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 (CLST Holdings, Inc.), Rights Agreement (Charter Communications Inc /Mo/), Rights Agreement (Charter Communications Inc /Mo/)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation 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 (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines Corp)

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

Appears in 4 contracts

Samples: Acquisition Agreement (EXOlifestyle, Inc.), Rights Agreement (Patrick Industries Inc), Rights Agreement (First Sierra Financial Inc)

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Kerr McGee Corp), Agreement and Plan of Merger (Kerr McGee Corp), Agreement and Plan of Merger (Oryx Energy Co)

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Rights Agreement (Stratus Properties Inc), Rights Agreement (Stratus Properties Inc), Rights Agreement (Stratus Properties Inc)

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Stockholder Rights Agreement (WisdomTree, Inc.), Stockholder Rights Agreement (Rapid Micro Biosystems, Inc.), Stockholder Rights Agreement (WisdomTree Investments, Inc.)

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Reacquired Shares. Any shares Units of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall Units 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 herein.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of the 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 Company’s Articles of Incorporation, or in any other 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 (Double Eagle Petroleum Co), Rights Agreement (Warren Resources Inc), Rights Agreement (Double Eagle Petroleum Co)

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

Appears in 3 contracts

Samples: Rights Agreement (Neiman Marcus Group Inc), Rights Agreement (Neiman Marcus Group Inc), Rights Agreement (American Homestar Corp)

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the 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 3 contracts

Samples: Rights Agreement (CAPSTONE TURBINE Corp), Rights Agreement (Active Power Inc), Rights Agreement (CAPSTONE TURBINE Corp)

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation 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 herein.

Appears in 2 contracts

Samples: Investment Agreement (TPG Partners Ii Lp), Investment Agreement (Oxford Health Plans Inc)

Reacquired Shares. Any shares of Series B Special Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever (including upon conversion into Common Stock) shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock, without designation as to series, and may be reissued as part of a new any series of Preferred Stock to be preferred stock subsequently 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 Merger (Brenneman Gregory D), Agreement and Plan of Merger (Hawaiian Airlines Inc/Hi)

Reacquired Shares. Any shares of Series B Preferred Participating Cumulative Preference Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Cumulative Preference Stock and may be reissued as part of a new series of Preferred Cumulative 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 (General Mills Inc), Rights Agreement (General Mills Inc)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series B Preferred Stock shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall shall, upon their cancellation cancellation, become authorized but unissued Preferred 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: License Agreement (Optical Coating Laboratory Inc), License and Supply Agreement (Optical Coating Laboratory Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued 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 paragraph (b) of Article FOURTH of the Certificate of Incorporation.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall shall, upon their cancellation 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 (Caremark Rx Inc), Rights Agreement (Caremark Rx Inc)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Rights Agreement (Gibson Greetings Inc), Rights Agreement (Gibson Greetings Inc)

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

Reacquired Shares. Any shares of Series B C-1 Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by 4-A resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Avant Immunotherapeutics Inc), Shareholder Rights Agreement (Avant Immunotherapeutics Inc)

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

Appears in 2 contracts

Samples: Rights Agreement (Valassis Communications Inc), Rights Agreement (Valassis Communications Inc)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: License and Supply Agreement (Optical Coating Laboratory Inc), License Agreement (Optical Coating Laboratory Inc)

Reacquired Shares. Any shares Units of Series B C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall 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 2 contracts

Samples: Rights Agreement (Wireless Facilities Inc), Rights Agreement (Organic Inc)

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

Appears in 2 contracts

Samples: Share Exchange Agreement (Ultradata Systems Inc), Merger Agreement (Seaway Valley Capital Corp)

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

Appears in 2 contracts

Samples: Rights Agreement (Discovery Holding CO), Rights Agreement (Ascent Media CORP)

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

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Apricus Biosciences, Inc.), Shareholder Rights Agreement (Ezenia Inc)

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

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation 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 2 contracts

Samples: Rights Agreement (Innovative Solutions & Support Inc), Rights Agreement (Bowne & Co Inc)

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

Appears in 2 contracts

Samples: Rights Agreement (Dynamics Research Corp), Rights Agreement (Dynamics Research Corp)

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

Appears in 2 contracts

Samples: Rights Agreement (Networks Associates Inc/), Rights Agreement (Networks Associates Inc/)

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

Appears in 2 contracts

Samples: Section 382 Rights Agreement (CNO Financial Group, Inc.), Rights Agreement (Virtus Investment Partners, Inc.)

Reacquired Shares. Any shares of Series B Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Series B 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: Combination Agreement (Burlington Northern Santa Fe Corp), Rights Agreement (Burlington Northern Santa Fe Corp)

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

Appears in 2 contracts

Samples: Rights Agreement (Manatron Inc), Rights Agreement (Spartan Motors Inc)

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Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation 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 2 contracts

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

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

Appears in 2 contracts

Samples: Rights Agreement (Talley Manufacturing & Technology Inc), Rights Agreement (Talley Industries Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued 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 Articles of Incorporation of the Company, or in any other resolution of the Board creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Multimedia Games Inc), Rights Agreement (Multimedia Games Inc)

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

Appears in 2 contracts

Samples: Rights Agreement (K Tron International Inc), Rights Agreement (K Tron International Inc)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Rights Agreement (American Medical Security Group Inc), Rights Agreement (American Medical Security Group Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock 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 hereinherein or in the Certificate of Incorporation.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation 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 2 contracts

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

Reacquired Shares. Any shares of Series B Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their 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 (Lodgian Inc), Rights Agreement (Lodgian Inc)

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

Appears in 2 contracts

Samples: Registration Rights Agreement (Forbes Energy Services Ltd.), Registration Rights Agreement (Forbes Energy Services Ltd.)

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

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their 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 (Vitalworks Inc), Rights Agreement (Vitalworks Inc)

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

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series B Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock 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 (Macrochem Corp), Rights Agreement (Macrochem Corp)

Reacquired Shares. Any shares Units of Series B Preferred Stock purchased or ----------------- otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall 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 2 contracts

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

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

Appears in 2 contracts

Samples: Rights Agreement (Dynamics Research Corp), Rights Agreement (Dynamics Research Corp)

Reacquired Shares. Any shares of Series B I Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued preferred shares of Preferred Stock and may be reissued as part of a new series of Class B 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: Shareholder Rights Agreement (Associated Estates Realty Corp), Shareholder Rights Agreement (Associated Estates Realty Corp)

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

Appears in 1 contract

Samples: Tax Benefit Preservation Plan (Centerline Holding Co)

Reacquired Shares. Any shares Units of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall 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 1 contract

Samples: Rights Agreement (Alj Regional Holdings Inc)

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

Appears in 1 contract

Samples: Agreement and Plan of Merger (CSX Corp)

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

Appears in 1 contract

Samples: Rights Agreement (Allied Research Corp)

Reacquired Shares. Any shares of Series B Preferred A Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock and may be reissued 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 Section 2 of Article IV of the Certificate of Incorporation.

Appears in 1 contract

Samples: Rights Agreement (Tw Inc)

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

Appears in 1 contract

Samples: Section 382 Rights Agreement (CNO Financial Group, Inc.)

Reacquired Shares. Any shares of Series B Preferred C Preference Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Preference Stock and may be reissued as part of a new series of Preferred Series C 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 1 contract

Samples: Rights Agreement (Champion International Corp)

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

Appears in 1 contract

Samples: Rights Agreement (Mmi Companies Inc)

Reacquired Shares. Any shares of Series B C Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein. Section 6.

Appears in 1 contract

Samples: Rights Agreement Rights Agreement (Wai Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Gentiva Health Services Inc)

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

Appears in 1 contract

Samples: Tax Benefits Preservation Agreement (Unwired Planet, Inc.)

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

Appears in 1 contract

Samples: Rights Agreement (Inspire Pharmaceuticals Inc)

Reacquired Shares. Any shares of Series B A-1 Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Irobot Corp)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All The corporation shall take all such action as is necessary so that all such shares shall upon after 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 or resolutions Certificate of Amendment adopted by the Board of DirectorsDirectors without shareholder action, subject to the conditions and restrictions on issuance set forth herein.

Appears in 1 contract

Samples: Rights Agreement (National Rv Holdings Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Kerr Group Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Thomas Industries Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Kennametal Inc)

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

Appears in 1 contract

Samples: Rights Agreement (American Bingo & Gaming Corp)

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

Appears in 1 contract

Samples: Rights Agreement (Jacobson Stores Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock common 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, common 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 common stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Capital Gold Corp)

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

Appears in 1 contract

Samples: Rights Agreement (Nutrition 21 Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Bowne & Co Inc)

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