Common use of Reservation and Availability of Common Shares Clause in Contracts

Reservation and Availability of Common Shares. a. Subject to the Company's rights under Section 11(a)(iii) hereto to otherwise fulfill its obligations hereunder, the Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Common Shares and/or any authorized and issued Common Shares held in its treasury, the number of Common Shares that will be sufficient to permit the exercise in full of all outstanding Rights; provided, however, that such action need not be taken with respect to Common Shares (or other securities) issuable upon exercise of the Rights until after such time as the Rights become exercisable.

Appears in 5 contracts

Samples: Rights Agreement (Primesource Corp), Rights Agreement (Technitrol Inc), Rights Agreement (Tasty Baking Co)

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Reservation and Availability of Common Shares. a. (a) Subject to the Company's ’s rights under Section 11(a)(iii) hereto hereof to otherwise fulfill its obligations hereunder, the Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Common Shares and/or or any authorized and issued Common Shares held in its treasury, the number of Common Shares that will be sufficient to permit the exercise in full of all outstanding RightsRights pursuant to the terms of this Agreement; provided, however, that such action need not be taken with respect to Common Shares (or other securities) issuable upon exercise of the Rights until after such time as the Rights become exercisable, and with respect to Common Shares (or other securities) issuable upon occurrence of a Triggering Event until the occurrence of such event.

Appears in 3 contracts

Samples: Rights Agreement (Crown Holdings Inc), Rights Agreement (Crown Holdings Inc), Rights Agreement (Crown Holdings Inc)

Reservation and Availability of Common Shares. a. (a) Subject to the Company's rights under Section 11(a)(iii) hereto hereof to otherwise fulfill its obligations hereunder, the Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Common Shares and/or or any authorized and issued Common Shares held in its treasury, the number of Common Shares that will be sufficient to permit the exercise in full of all outstanding RightsRights pursuant to the terms of this Agreement; provided, however, that such action need not be taken with respect to Common Shares (or other securities) issuable upon exercise of the Rights until after such time as the Rights become exercisable, and with respect to Common Shares (or other securities) issuable upon occurrence of a Triggering Event until the occurrence of such event.

Appears in 3 contracts

Samples: Rights Agreement (Amerisource Health Corp/De), Rights Agreement (Crown Cork & Seal Co Inc), Rights Agreement (Amerisource Health Corp/De)

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Reservation and Availability of Common Shares. a. (a) Subject to the Company's rights right under Section 11(a)(iii) hereto hereof to otherwise fulfill its obligations hereunder, the Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Common Shares and/or or any authorized and issued Common Shares held in its treasury, the number of Common Shares that will be sufficient to permit the exercise in full of all outstanding RightsRights pursuant to the terms of this Agreement; provided, however, that such action need not be taken with respect to Common Shares (or other securities) issuable upon exercise of the Rights until after such time as the Rights become exercisable, and with respect to Common Shares (or other securities) issuable upon occurrence of a Triggering Event until the occurrence of such event.

Appears in 1 contract

Samples: Rights Agreement (American Water Works Co Inc)

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