Reacquired Shares. Any shares of Series B 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 vote or 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 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 vote resolution or votes 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 of Series B Stock redeemed, Preferred 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 series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock 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 Stock redeemed, Preferred 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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation of the Corporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 2 contracts
Samples: Tax Benefit Preservation Plan (Upland Software, Inc.), Tax Benefit Preservation Plan (Upland Software, Inc.)
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, that are purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All Upon their cancellation, all of such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and thereafter may be reissued issued as part of a new Series another series of preferred stock to be created by vote or votes of the Board of DirectorsPreferred Stock, subject to the conditions and restrictions on issuance rights of holders (if any) of shares of Series B Preferred Stock set forth hereinin these resolutions.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Stock redeemed, Preferred 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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation of the Corporation, as amended, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Tax Benefit Preservation Plan (American Airlines Group Inc.)
Reacquired Shares. Any shares of Series B Preference 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 Preference Stock and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preference Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preference Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
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 preferred stock and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, or in any Certificate of Designation creating a series of preferred stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Merger Agreement (Xoma Arizona Inc)
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock 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 1 contract
Samples: Rights Agreement (Salton Inc)
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new Series of preferred stock particular series by the Board pursuant to be created by vote or votes the provisions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinArticles.
Appears in 1 contract
Samples: Section 382 Rights Agreement (Oculus Innovative Sciences, 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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock 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 1 contract
Reacquired Shares. Any shares of Series B Preference 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 Preference Stock and may be reissued as part of a new Series series of preferred stock Preference Stock to be created by vote resolution or votes 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 1 contract
Samples: Rights Agreement (CepTor CORP)
Reacquired Shares. Any shares of Series B 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 vote resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Samples: Rights Agreement (Med Waste Inc)
Reacquired Shares. Any shares of Series B 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 common stock and may be reissued as part of a new Series series of preferred common stock to be created by vote or votes 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 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 the Series B Stock redeemed, Preferred 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 series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation of the Company, 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 1 contract
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 that may be reissued as a part of a new Series series of preferred stock to be created by vote or votes of the Board of DirectorsPreferred Stock, subject to the conditions and restrictions on issuance set forth hereinin other Certificates of Designation, or to Certificates of Amendment, creating a series of Preferred Stock or any other similar stock or is otherwise required by law.
Appears in 1 contract
Samples: Settlement Agreement (Omega Healthcare Investors Inc)
Reacquired Shares. Any shares of Series B H 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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock 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 1 contract
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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of DirectorsPreferred Stock, subject to the any conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Stock redeemed, Preferred 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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Articles of Incorporation of the Corporation or in the terms of any other series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Reacquired Shares. Any shares Shares of Series B Preferred Stock redeemed, 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 series of preferred stock to be created by vote or votes of the Board of DirectorsPreferred Stock, 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 other similar stock , or as otherwise restricted by law.
Appears in 1 contract
Samples: Rights Agreement (Cytrx Corp)
Reacquired Shares. Any shares of the Series B 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 and may be reissued as part of a new Series series of preferred stock Preferred Stock to be created by vote resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Samples: Merger Agreement (CSX Corp)
Reacquired Shares. Any shares of Series B Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereofsuch 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 series of preferred stock Preferred Stock to be created by vote resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Stock redeemed, Preferred 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 series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation of the Company, or in any other Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Rights Agreement (Sunpower 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 cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Charter, or in any other articles of amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Rights Agreement (Freds 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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any certificate of designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock 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 1 contract
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 vote resolution or votes resolutions of the Corporation’s Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Amended and Restated Certificate of Incorporation, as then amended.
Appears in 1 contract
Samples: Preferred Stock Rights Agreement (Internap Network Services 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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Rights Agreement (Bally Total Fitness Holding 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 cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or similar stock or as otherwise required by law.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, ----------------- purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new Series series of preferred stock to be created by vote or votes 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 Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
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 preferred stock and may be reissued as part of a new Series series of preferred stock to be created by vote be resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Participating 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 and may be reissued as part of a new Series series of preferred stock Preferred Stock to be created by vote resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Samples: Rights Agreement (Goldfield 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 and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new Series of preferred stock to be created particular series by vote or votes of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth hereinArticles of Incorporation.
Appears in 1 contract
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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth hereinherein 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 1 contract
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 preferred stock and may be reissued as part of a new Series series of preferred stock to be created by vote resolution or votes 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
Reacquired Shares. Any shares of Series B Stock redeemed, Preferred 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 series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Gilead Sciences Inc)
Reacquired Shares. Any shares of Series B Stock redeemed, Preferred 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 series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock 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 1 contract
Samples: Rights Agreement (Matrix Service Co)
Reacquired Shares. Any shares of Series B Stock redeemed, Preferred 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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
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 Series B Preferred Stock and may be reissued as part of a new Series series of preferred stock Preferred Stock to be created by vote resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Samples: Rights Agreement (Burlington Northern Santa Fe 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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Articles of Incorporation, or in any certificate of amendment or such other similar document creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Articles of Incorporation, or in any other Statement of Resolution Establishing Series of Shares creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations or Certificate of Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 series of preferred stock Preferred Stock to be created by vote resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Samples: Section 382 Rights Agreement (Winland Electronics 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 Stock, without designation as to series until such shares are once more designated as part of a new Series of preferred stock to be created particular series by vote or votes 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 1 contract
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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Rights Agreement (Unocal 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 and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new Series of preferred stock to be created particular series by vote or votes of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth herein.provisions of paragraph (b) of Article FOURTH of the
Appears in 1 contract
Samples: Rights Agreement (Polaroid 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 cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Rights Agreement (AV Homes, 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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Articles of Organization, or in any other Certificate of Vote creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Rights Agreement (Polymedica 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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth hereinherein or in the Restated Certificate of Incorporation, including any Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.
Appears in 1 contract
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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth hereinherein or in the Certificate of Incorporation, including any Certificate of Designations creating a series of Preferred Stock or any similar stock, or as otherwise required by law.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 undesignated shares of Preferred Stock and may be reissued as part of a new Series series of preferred stock to be created by vote or votes 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 Statement 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 (Datakey Inc)
Reacquired Shares. Any shares of Series B Preferred Stock converted, redeemed, 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 of Series B Preferred Stock shall upon their cancellation cancellation, in accordance with the CGCL, become authorized but unissued shares of Preferred Stock of the corporation and may be reissued as part of a new Series another series of preferred stock to be created by vote or votes Preferred Stock of the Board of Directorscorporation, subject to the conditions and or restrictions on issuance set forth herein.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Articles 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 1 contract
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 retirement 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 vote resolution or votes resolutions of the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Reacquired Shares. Any shares of Series B Convertible 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 and may be reissued as part of a new Series series of preferred stock Preferred Stock to be created by vote resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Samples: Share Purchase and Merger Agreement (Infrared Systems International)
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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Articles of Incorporation, or in any Articles of Amendment or such other similar document creating a series of Preferred Stock or any similar stock or as otherwise required by law. 5.
Appears in 1 contract
Samples: Rights Agreement (Shopko Stores Inc)
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 series of preferred stock Preferred Stock to be created by vote or votes Articles 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
Reacquired Shares. Any shares of Series B Stock redeemed, Preferred purchased or otherwise acquired by the Corporation 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 series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation of the Corporation, or in any other Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
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Samples: Rights Agreement (Air T 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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Articles of Incorporation, or in any other amendment to Articles of Incorporation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Rights Agreement (Weeks 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 and may be reissued as part of a new Series of preferred stock to be created by vote or votes 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.
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Reacquired Shares. Any shares of Series B Participating 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 and may be reissued as part of a new Series series of preferred stock Preferred Stock to be created by vote resolution or votes resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Charter or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
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Reacquired Shares. Any shares of Series B Stock redeemed, Preferred 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 series of preferred stock Preferred Stock to be created by vote resolution or votes resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein.
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Reacquired Shares. Any shares of Series B Serial 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 and may be reissued as part of a new Series series of preferred stock Preferred Stock to be created by vote resolution <PAGE> -6- or votes resolutions of the Corporation's Board of Directors, subject to the conditions and restrictions on issuance set forth hereinin this Designation.
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Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 retirement and cancelation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares may be redesignated and reissued as part of a new Series any series of preferred stock to be created by vote or votes of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinPreferred Stock.
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Reacquired Shares. Any shares of Series B B-2 Preferred Stock redeemed, 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 B-2 Preferred Stock or of preferred stock to be created any other series of Preferred Stock as designated by vote or votes of the Board of Directors, subject Directors from time to the conditions and restrictions on issuance set forth hereintime.
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Reacquired Shares. Any shares of Series B B-1 Preferred Stock redeemed, 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 B-1 Preferred Stock or of preferred stock to be created any other series of Preferred Stock as designated by vote or votes of the Board of Directors, subject Directors from time to the conditions and restrictions on issuance set forth hereintime.
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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 and may be reissued as part of a new Series series of preferred stock to be created by vote resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Samples: Securities Exchange Agreement (Blackboxstocks Inc.)
Reacquired Shares. Any shares of Series B Stock redeemed, Preferred Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Shares and may be reissued as part of a new Series series of preferred stock to be created by vote Preferred Shares or votes as otherwise provided in the Amended and Restated Articles of Incorporation of the Board of DirectorsCorporation, subject to the any applicable conditions and restrictions on issuance set forth hereinin the Amended and Restated Articles of Incorporation or as otherwise required by law.
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Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 series of preferred stock Preferred Stock to be created by vote resolution or votes resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.
Appears in 1 contract
Samples: Rights Agreement (Millers Mutual Fire Insurance Co)
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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock 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.
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Samples: Rights Agreement (Shopko Stores 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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein., in the
Appears in 1 contract
Samples: Rights Agreement (Hyseq 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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
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Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 Class A Preferred Stock and that may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of DirectorsClass A Preferred Stock, subject to the conditions and restrictions on issuance set forth hereinherein or in any other Articles of Amendment creating a series of Class A Preferred Stock or as otherwise required by law.
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Samples: Rights Agreement (Ns Group 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 to be created by vote or votes of the Board of Directors, Preferred Stock 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
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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
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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 and may be reissued as part of a new Series series of preferred stock to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Articles of Incorporation, in any other Certificate of Amendment creating a series of Preferred Stock or as otherwise required by law.
Appears in 1 contract
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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Samples: Rights Agreement (GeoEye, 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 cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new Series of preferred stock to be created particular series by vote or votes of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth hereinprovisions of the first paragraph of Division II of Article III.
Appears in 1 contract
Samples: Rights Agreement (Pittston Co)
Reacquired Shares. Any shares of Series B Preferred Stock redeemed, 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 series of preferred stock Preferred Stock to be created by vote or votes Certificate of Amendment adopted by the Board of DirectorsDirectors without shareholder action, subject to the conditions and restrictions on issuance set forth herein.
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Reacquired Shares. Any shares of Series B Participating ----------------- 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 vote resolution or votes 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 1 contract
Samples: Preferred Shares Rights Agreement (Phoenix Technologies LTD)
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 to be created by vote or votes of the Board of Directors, Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Charter, in any other certificate of determination creating a series of Preferred Stock or any similar stock or as otherwise required by law.
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