Common use of Reacquired Shares Clause in Contracts

Reacquired Shares. Any shares of Series 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, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or in any other Certificates of Designation creating a series of Preferred Stock (or any similar stock) or as otherwise required by law.

Appears in 3 contracts

Samples: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (Triumph Group Inc)

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Reacquired Shares. Any shares of the Series B Junior Participating A 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 canceled shares shall upon their cancellation thereupon become authorized but and unissued shares of Preferred Stock and may be reissued as part of a any new series of the Preferred Stock to be created by resolution or resolutions of the BoardStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or of the Corporation, as amended from time to time, in any other Certificates Certificate of Designation creating a Designations establishing another series of the Preferred Stock (or any similar stockseries of any other class of capital stock of the Corporation) or as otherwise required by in any applicable law.

Appears in 3 contracts

Samples: Stockholders Rights Agreement (Peapod Inc), Stockholders Rights Agreement (Whitehall Jewellers Inc), Stockholders Rights Agreement (Whitehall Jewellers Inc)

Reacquired Shares. Any shares of Series B Junior Participating F 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Corrected, Restated Certificate of Incorporation or Incorporation, in any other Certificates Certificate of Designation Amendment creating a series of Preferred Stock (or any similar stock) or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Crown Laboratories Inc /De/), Rights Agreement (Crown Laboratories Inc /De/), Rights Agreement (Crown Laboratories Inc /De/)

Reacquired Shares. Any shares of Series B RA 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 3 contracts

Samples: Section 382 Rights Agreement (Onvia Inc), Section 382 Rights Agreement (Onvia Inc), Section 382 Rights Agreement (Onvia Inc)

Reacquired Shares. Any shares of Series 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 3 contracts

Samples: Section 382 Rights Agreement (Special Diversified Opportunities Inc.), Advanced Emissions Solutions, Inc., Rights Agreement (Spectrum Pharmaceuticals Inc)

Reacquired Shares. Any shares of Series 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, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates 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 (Silverbow Resources, Inc.), Rights Agreement, Rights Agreement (Commercial Vehicle Group, Inc.)

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

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (ModusLink Global Solutions Inc), Tax Benefits Preservation Plan

Reacquired Shares. Any shares of Series 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 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 Preference Stock to be created by resolution or resolutions of the BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation Designations creating a series of Preferred Preference Stock (or any similar stock) stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Young & Rubicam Inc), Rights Agreement (Young & Rubicam Inc)

Reacquired Shares. Any shares of Series B 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 and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Corporation’s Articles of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (Stock, or any similar stock) , or as otherwise required restricted by law.

Appears in 2 contracts

Samples: Rights Agreement (Wits Basin Precious Minerals Inc), Agreement (El Capitan Precious Metals Inc)

Reacquired Shares. Any shares of Series B 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 The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, herein or in the Restated Certificate of Incorporation or in Incorporation, including any other Certificates Certificate of Designation Designations creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Bill Barrett Corp), Rights Agreement (Bill Barrett Corp)

Reacquired Shares. Any shares of Series B 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation Designations creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series B 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 Shares and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation Powers, Designations, Preferences and Rights creating a series of Preferred Stock (or any similar stock) or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Secure Computing Corp), Rights Agreement (Secure Computing Corp)

Reacquired Shares. Any shares of Series 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 take all such actions as are necessary to cause all such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Masimo Corp), Rights Agreement (Optical Communication Products Inc)

Reacquired Shares. Any shares of Series B Junior Participating A Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and shall resume the status they had prior to the adoption of this Certificate of Designation and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or in any other Certificates Certificate of Designation Amendment creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Horizon Pharmacies Inc), Retention Agreement (Horizon Pharmacies Inc)

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

Appears in 2 contracts

Samples: Rights Agreement (Rocky Mountain Chocolate Factory Inc), Agreement (Rocky Mountain Chocolate Factory Inc)

Reacquired Shares. Any shares of Series 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 The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation or in Incorporation, including any other Certificates Certificate of Designation Designations creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Six Flags Entertainment Corp), Rights Agreement (Six Flags Entertainment Corp)

Reacquired Shares. Any shares of Series B 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 preferred stock and may be reissued as part of a new series of Preferred preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in a resolution of the Board of Directors, in the Certificate of Incorporation of the Corporation, or in any other Certificates Certificate of Designation Amendment creating a series of Preferred Stock (preferred stock or any similar stock) stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Dime Community Bancorp Inc), Rights Agreement (Dime Community Bancorp Inc)

Reacquired Shares. Any shares of Series B Junior Participating A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, as amended, or in any other Certificates Certificate of Designation Designations creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Internap Corp), Section 382 Rights Agreement (GTT Communications, Inc.)

Reacquired Shares. Any shares of Series 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 shares of the same series of Preferred Stock or as part of a new series of Preferred Stock to be created by resolution or resolutions of the BoardStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation or Organization, in any other Certificates vote of Designation the Board of Directors of the Corporation creating a series of Preferred Stock (or any similar stock) Stock, or as otherwise required by law.

Appears in 2 contracts

Samples: Renewed Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme Corp)

Reacquired Shares. Any shares of Series B Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever 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, without designation as to series, and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or Certificate, in any other Certificates certificate of Designation designation creating a series of Preferred Stock (preferred stock or any similar stock) stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Guarantee Life Companies Inc), Rights Agreement (Guarantee Life Companies Inc)

Reacquired Shares. Any shares of Series B Junior A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereofthere of. 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation Incorporation, as then amended, or in any other Certificates Certificate of Designation Determination creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation or Incorporation, in any other Certificates Certificate of Designation creating establishing a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 2 contracts

Samples: Rights Agreement (Quest Resource Corp), Rights Agreement (Rawlings Sporting Goods Co Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Satcon Technology Corp)

Reacquired Shares. Any shares of Series B 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 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, preferred stock subject to the conditions and restrictions on issuance set forth herein, in a resolution of the Board, in the Certificate of Incorporation of the Corporation, or in any other Certificates Certificate of Designation Amendment creating a series of Preferred Stock (preferred stock or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Graham Corp)

Reacquired Shares. Any shares of Series 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, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Charter or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Tax Benefit Preservation Plan (Digirad Corp)

Reacquired Shares. Any shares of Series B 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, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Fox Corp)

Reacquired Shares. Any shares of Series B 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (preferred stock or any similar stock) , or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Dresser-Rand Group Inc.)

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

Appears in 1 contract

Samples: Rights Agreement (Meadowbrook Insurance Group Inc)

Reacquired Shares. Any shares of Series B Junior A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) or as otherwise required by law.. A-4

Appears in 1 contract

Samples: Rights Agreement (Axonyx Inc)

Reacquired Shares. Any shares of Series B Junior Participating A Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Corporation's Articles of Incorporation Incorporation, or in any other Certificates Certificate of Designation Designations creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Viking Office Products Inc)

Reacquired Shares. Any shares of Series B 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 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, preferred stock subject to the conditions and restrictions on issuance set forth herein, in a resolution of the Board of Directors, in the Certificate of Incorporation of the Company, or in any other Certificates Certificate of Designation Amendment creating a series of Preferred Stock (preferred stock or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Stockholder Protection Rights Agreement (First Federal Financial Bancorp Inc)

Reacquired Shares. Any shares of Series B J 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, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or in any other Certificates of Designation creating a series of Preferred Stock (or any similar stock) or as otherwise required by law.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Rite Aid Corp)

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

Appears in 1 contract

Samples: Rights Agreement (Civic Bancorp)

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

Appears in 1 contract

Samples: Rights Agreement (Orasure Technologies Inc)

Reacquired Shares. Any shares of Series B 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation Incorporation, or in any other Certificates Certificate of Designation Determination creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Qualstar Corp)

Reacquired Shares. Any shares of Series B 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 preferred stock of Preferred Stock the Corporation and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Certificate, or in any other Certificates certificate of Designation designation creating a series of Preferred Stock (preferred stock or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Airgas Inc)

Reacquired Shares. Any shares of the Series 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 thereofsuch purchase or acquisition. All such canceled shares shall upon their cancellation thereupon become authorized but and unissued shares of Preferred Stock and may be reissued as part of a any new series of the Preferred Stock to be created by resolution or resolutions of the BoardStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or of the Corporation, as amended from time to time, in any other Certificates resolution of Designation creating a the Board of Directors establishing another series of the Preferred Stock (or any similar stockseries of any other class of capital stock of the Corporation) or as otherwise required by in any applicable law.

Appears in 1 contract

Samples: Rights Agreement (Success Bancshares Inc)

Reacquired Shares. Any shares of Series B 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates certificate of Designation designation creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Plan (Smith Electric Vehicles Corp.)

Reacquired Shares. Any shares of Series B 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 of the Corporation and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the BoardCorporation, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation Designations creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement Amendment (Nuvelo Inc)

Reacquired Shares. Any shares of Series B 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation Designations creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Avid Technology, Inc.)

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Reacquired Shares. Any shares of Series B Junior Participating A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Amended and Compiled Articles of Incorporation or Incorporation, in any other Certificates Certificate of Designation Amendment creating a series of Preferred Stock (or any similar stock) or as otherwise required by law.. A-5

Appears in 1 contract

Samples: Rights Agreement (Employee Solutions Inc)

Reacquired Shares. Any shares of Series 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 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 BoardBoard of Directors, subject to the any conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates certificate of Designation designation creating a series of Preferred Stock (or any similar stock) Stock, or as otherwise required restricted by law.

Appears in 1 contract

Samples: Rights Agreement (Walter Industries Inc /New/)

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

Appears in 1 contract

Samples: Rights Agreement (Forward Industries Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Pericom Semiconductor Corp)

Reacquired Shares. Any shares of Series B 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, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Metasolv Inc)

Reacquired Shares. Any shares of Series B 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 1 contract

Samples: Tax Asset Protection Plan (BioScrip, Inc.)

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

Appears in 1 contract

Samples: Rights Agreement (Marketspan Corp)

Reacquired Shares. Any shares of Series Class B Junior Participating Preferred 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 Class B Preferred Stock and may be reissued as part of a new series of Class B Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth hereinin this resolution, in the Certificate Restated Articles of Incorporation Incorporation, or in any other Certificates Articles of Designation Amendment creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Cone Mills Corp)

Reacquired Shares. Any shares of Series B 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation Incorporation, or in any other Certificates of Designation creating a series of Preferred Stock (or any similar stock) or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Imation Corp)

Reacquired Shares. Any shares of Series 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, subject to the conditions and restrictions on issuance set forth herein, in the Fifth Amended and Restated Certificate of Incorporation of the Company, as amended, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Autobytel Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Dames & Moore Inc /De/)

Reacquired Shares. Any shares of Series B 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 shares, without designation, and may be reissued as Common Stock or as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation Incorporation, or in any other Certificates Certificate of Amendment or Certificate of Designation creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (WEB.COM, Inc.)

Reacquired Shares. Any shares of Series B A-1 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, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Mullen Automotive Inc.)

Reacquired Shares. Any shares of Series B C 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Restated Articles of Incorporation Incorporation, or in any other Certificates Certificate of Designation Designations creating a series of Preferred Preference Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Hasbro Inc)

Reacquired Shares. Any shares of Series B Junior A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall 4832-9196-6153v.2 upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Charter or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Tax Benefit Preservation Plan (Aviat Networks, Inc.)

Reacquired Shares. Any shares of Series 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 such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Amended and Restated Articles of Incorporation Incorporation, or in any Articles of Amendment or such other Certificates of Designation similar document creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Ari Network Services Inc /Wi)

Reacquired Shares. Any shares of Series B 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 1 contract

Samples: Section 382 Rights Agreement (Tenet Healthcare Corp)

Reacquired Shares. Any shares of Series B Junior D 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 BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Pharmos Corp)

Reacquired Shares. Any shares of Series B 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 mat be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Articles of Incorporation, or in any other Certificate of Amendment to the Certificate of Incorporation or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Electronic Clearing House Inc)

Reacquired Shares. Any shares of Series 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 The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation or in Incorporation, including any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 1 contract

Samples: Section 382 Rights Agreement (Mitek Systems Inc)

Reacquired Shares. Any shares of Series 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 shares of Junior Preferred Stock or as part of a new series of Preferred Stock to be created by resolution or resolutions of the BoardStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Corporation's Articles of Incorporation or Organization, in any other Certificates vote of Designation the Board of Directors of the Corporation creating a series of Preferred Stock (or any similar stock) Stock, or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement

Reacquired Shares. Any shares of Series 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 Stock, without designation as to series, and may thereafter be reissued issued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation Designations creating a series of Preferred Stock (or any similar stock) stock of the Corporation or as otherwise required by law.

Appears in 1 contract

Samples: Agreement (Walsh International Inc \De\)

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

Appears in 1 contract

Samples: 382 Rights Agreement (WESTMORELAND COAL Co)

Reacquired Shares. Any shares of Series B 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, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Newpark Resources Inc)

Reacquired Shares. Any shares of Series B 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 Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the BoardBoard of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) , or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Standard Pacific Corp /De/)

Reacquired Shares. Any shares of Series 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 take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation Incorporation, or in any other Certificates Certificate of Designation creating a series of Preferred Stock (or any similar stock) stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Masimo Corp)

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