Common use of Reservation and Availability of Capital Stock Clause in Contracts

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 45 contracts

Samples: Rights Agreement (Florida East Coast Industries, Inc.), Rights Agreement (Murphy Oil Corp /De), Rights Agreement (Florida East Coast Industries Inc)

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Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares, or out of its authorized and issued shares held in its treasury, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 30 contracts

Samples: Rights Agreement (Dawson Geophysical Co), Rights Agreement (Insperity, Inc.), Rights Agreement (Forum Energy Technologies, Inc.)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of shares of Preferred Stock which that are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 13 contracts

Samples: Rights Agreement (MAGNACHIP SEMICONDUCTOR Corp), Agreement (Kona Grill Inc), Rights Agreement (MAGNACHIP SEMICONDUCTOR Corp)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of authorized but not outstanding shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights Plan.

Appears in 11 contracts

Samples: Exchange Agreement, Shareholder Rights Plan (Sterling Financial Corp /Wa/), Shareholder Rights Plan (Sterling Financial Corp /Wa/)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of authorized but not outstanding shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 11 contracts

Samples: Rights Agreement (Genta Inc De/), Rights Agreement (Callidus Software Inc), Rights Agreement (IHS Inc.)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares, free from preemptive rights or any right of first refusal, a number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance Shares sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreementaccordance with Section 7 hereof.

Appears in 8 contracts

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

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued Preferred Shares, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance Shares that will be sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreementaccordance with Section 7 hereof.

Appears in 8 contracts

Samples: Rights Agreement (Endeavor Ip, Inc.), Rights Agreement (Atossa Genetics Inc), Rights Agreement (Atossa Genetics Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any authorized and issued Preferred Shares held in it treasury, free from preemptive rights or any right of first refusal, a number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance Shares sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreementaccordance with Section 7 hereof.

Appears in 6 contracts

Samples: Agreement (Noble Drilling Corp), Rights Agreement (Intertan Inc), Rights Agreement (Magnum Hunter Resources Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Preferred Stock or any shares of Preferred Stock held in treasury, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Rights Agreement.

Appears in 6 contracts

Samples: Rights Agreement (PGT Innovations, Inc.), Rights Agreement (FTS International, Inc.), Rights Agreement (Tribune Publishing Co)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of authorized but not outstanding shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementPlan.

Appears in 6 contracts

Samples: Tax Benefits Preservation Plan (Porter Bancorp, Inc.), Tax Benefits Preservation Plan (First Security Group Inc/Tn), Tax Benefits Preservation Plan (Steel Excel Inc.)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued Preferred Shares, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance Shares that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights Rights, provided that, prior to the occurrence of a Triggering Event, the number of such shares to be reserved shall be only that number as provided in this Agreementshall be sufficient for that purpose prior to such an event.

Appears in 5 contracts

Samples: Shareholder Rights Agreement (Sunlink Health Systems Inc), Shareholder Rights Agreement (Sunlink Health Systems Inc), Shareholder Rights Agreement (Sunlink Health Systems Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any authorized and issued Preferred Shares held in its treasury, free from preemptive rights or any right of first refusal, a number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance Shares sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreementaccordance with Section 7 hereof.

Appears in 5 contracts

Samples: Rights Agreement (Tri Valley Corp), Rights Agreement (Tri Valley Corp), Agreement (Walsh International Inc \De\)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will from and after such time as the Rights become exercisable use its best reasonable efforts to cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock (and any other securities for which the Rights become exercisable), the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance (and/or other securities) that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 3 contracts

Samples: Rights Agreement (Mallon Resources Corp), Rights Agreement (Canyon Resources Corp), Rights Agreement (Frontier Airlines Inc /Co/)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares, or out of its authorized and issued shares held in its treasury, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance (and, following the occurrence of a Triggering Event, Common Stock and/or :other securities) that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 3 contracts

Samples: Rights Agreement (Pride International Inc), Rights Agreement (Imperial Sugar Co /New/), Rights Agreement (Pride International Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will from and after such time as the Rights become exercisable use its best reasonable efforts to cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock (and any other securities for which the Rights become exercisable), the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance (and/or other securities) that, as provided in this Agreement, including without limitation Section 11(a)(iii), will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 3 contracts

Samples: Rights Agreement (Foster L B Co), Rights Agreement (Foster L B Co), Rights Agreement (Foster L B Co)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number out of its authorized and unissued shares of Preferred Stock which are (and, following the occurrence of a Triggering Event, out of its authorized but not outstanding and unissued shares of Common Stock and/or other securities or otherwise reserved for issuance sufficient to permit out of its authorized and issued shares held in its treasury), the exercise in full of all outstanding Rights as provided in this Agreement.number

Appears in 3 contracts

Samples: Rights Agreement (Instinet Group Inc), Rights Agreement (Instinet Group Inc), Rights Agreement (Orion Power Holdings Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a available, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury, the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance and/or other securities that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 2 contracts

Samples: Rights Agreement (Visx Inc), Rights Agreement (Hauppauge Digital Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock, the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance that will be sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreementaccordance with Section 7.

Appears in 2 contracts

Samples: Rights Agreement (Longview Fibre Co), Rights Agreement (Longview Fibre Co)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.Stock

Appears in 2 contracts

Samples: Rights Agreement (Albertsons Inc /De/), Rights Agreement (Albertsons Inc /De/)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any authorized and issued Preferred Shares held in its treasury, free from preemptive rights or any right of first refusal, a number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance Shares sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreementaccordance with Section 7 hereof.

Appears in 2 contracts

Samples: Agreement (Cavalier Homes Inc), Agreement (Cavalier Homes Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of shares of Preferred Series B Preference Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Usa Technologies Inc), Rights Agreement (Sun Co Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares, or out of its authorized and issued shares held in its treasury, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance (and, following the occurrence of a Triggering Event, Class A and Class B Common Stock and/or other securities) that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 2 contracts

Samples: Rights Agreement (Todco), Rights Agreement (Todco)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will use reasonable efforts to cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock a number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance that will be, except as provided in Section 11(a)(iii), sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 2 contracts

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

Reservation and Availability of Capital Stock. (a) The Company Bank covenants and agrees that it will cause to be reserved and kept available a out of its currently authorized and unissued Preferred Shares (or other shares or securities, as the case may be) the number of Preferred Shares (or other shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit securities, as the exercise in full of all outstanding Rights case may be) that, as provided in this Agreement, including Section 11(a) (iii) hereof, will be sufficient to permit to the maximum extent possible the exercise of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (NSS Bancorp Inc), Rights Agreement (NSS Bancorp Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock or out of its authorized and issued shares held in its treasury the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights as provided in accordance with this Agreement.

Appears in 2 contracts

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

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and issued shares of Preferred Stock or out of its authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance that, as provided in this Agreement, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 2 contracts

Samples: Rights Agreement (Syniverse Holdings Inc), Rights Agreement (Bairnco Corp /De/)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued Common Stock or other securities or any Common Stock or other securities held in its treasury, the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance shares of other securities that, as provided in this Agreement (including Section 11(a)(iv) hereof), will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (Southwestern Energy Co)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of shares of Series A Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Egames Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock, the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights Rights; provided that, prior to the occurrence of a Triggering Event, the number of such shares to be reserved shall be only that number as provided in this Agreementshall be sufficient for that purpose prior to such an event.

Appears in 1 contract

Samples: Rights Agreement (Optelecom Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued Preferred Stock, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance that will be sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreementaccordance with Section 7.

Appears in 1 contract

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

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of shares of Preferred Stock Series A Preference Shares which are authorized but not issued and outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Carlisle Holdings LTD)

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Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury, the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance and/or other securities that, as provided in this Agreement including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (Atmos Energy Corp)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued Preferred Stock or other securities or any Preferred Stock or other securities held in its treasury, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance other securities that, as provided in this Agreement (including Section 11(a)(iv) hereof), will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (Ogden Corp)

Reservation and Availability of Capital Stock. (a) The --------------------------------------------- Company covenants and agrees that it will cause to be reserved and kept available a number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Deltic Timber Corp)

Reservation and Availability of Capital Stock. (a) Section 18 The Company covenants and agrees that it will cause to be reserved and kept available a number of authorized but not outstanding shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (IHS Inc.)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number out of its authorized and unissued shares of Preferred Stock which are (and, following the occurrence of a Triggering Event, out of its authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full and unissued shares of all outstanding Rights as provided in this Agreement.Common Stock

Appears in 1 contract

Samples: Rights Agreement (Helmerich & Payne Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will shall cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock (and any other securities for which the Rights become exercisable), the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance (and/or other securities) that, as provided in this Agreement, including Section 11(a)(iii) hereof, shall be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (Canyon Resources Corp)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of shares of Preferred Stock which are authorized authorized, but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full full, of all outstanding Rights as provided in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Darden Restaurants Inc)

Reservation and Availability of Capital Stock. 1 (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of authorized but not outstanding shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights Plan.

Appears in 1 contract

Samples: Shareholder Rights Plan (Sterling Financial Corp /Wa/)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock or out of its authorized and issued shares held in its treasury, the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance (and, if applicable, other securities) that, as provided in this Agreement, including Section 11(a)(iii), will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Tax Benefit Rights Agreement (Mma Capital Management, LLC)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock or out of its authorized and issued shares of Common Stock held in its treasury, the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance that, as provided in this Agreement including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (System Software Associates Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number out of its authorized and unissued shares of Preferred Stock which are (and, following the occurrence of a Triggering Event, out of its authorized but not outstanding and unissued shares of Common Stock and/or other securities or otherwise reserved for issuance sufficient to permit the exercise in full out of all outstanding Rights as provided in this Agreement.its authorized and

Appears in 1 contract

Samples: Rights Agreement (Cooper Industries Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued Preferred Shares or other securities or any Preferred Shares or other securities held in its treasury, the number of shares of Preferred Stock which are authorized but not outstanding Shares or otherwise reserved for issuance other securities that, as provided in this Agreement (including Section 11(a)(iv) hereof), will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (Carbo Ceramics Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its currently authorized and unissued shares of Common Stock the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights that, as provided in this Agreement, including Section 11(a) (iii) hereof, will be sufficient to permit to the maximum extent possible the exercise of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Newmil Bancorp Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a number of shares of Preferred Series A Preference Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Nobel Learning Communities Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued Common Stock or other securities or any Common Stock or other securities held in its treasury, the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance shares of other securities that, as provided in this Agreement (including Section 11(a) (iv) hereof), will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (Southwestern Energy Co)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Preferred Stock the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance that, as provided in this Agreement, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreementfor shares of Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Citizens Bancshares Inc /Oh/)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Common Stock or any treasury shares of Common Stock not reserved for another purpose the number of shares of Preferred Common Stock which are authorized but not outstanding or otherwise reserved for issuance that, as provided in this Agreement, including Section 11(a)(iii), will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (Proassurance Corp)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Preferred Stock the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights as provided in this AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (Midamerican Energy Holdings Co /New/)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available a out of its authorized and unissued shares of Preferred Stock or any shares of Preferred Stock held in treasury, the number of shares of Preferred Stock which are authorized but not outstanding or otherwise reserved for issuance sufficient to permit the exercise in full of all outstanding Rights as provided in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (GAIN Capital Holdings, Inc.)

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