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

Reservation and Availability of Common Stock. (a) The Company shall (i) at all times prior to the Expiration Date cause to be reserved and kept available out of its authorized and unissued shares of Common Stock, or any authorized and issued shares of Common Stock held in its treasury, the number of shares of Common Stock that, as provided in this Agreement, including, without limitation, Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights; and (ii) at all times following the occurrence of a Section 11(a)(ii) Event, shall so reserve and keep available a sufficient number of any other securities that may be required to permit the exercise in full of the Rights pursuant to this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Coventry Health Care Inc), Rights Agreement (Coventry Health Care Inc)

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Reservation and Availability of Common Stock. (a) The Company shall (i) at all times prior to the Expiration Date covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Common StockStock (and, following the occurrence of a Triggering Event, other securities) or any authorized and issued shares of Common Stock (and, following the occurrence of a Triggering Event, other securities) held in its treasury, the number of shares of Common Stock (and, following the occurrence of a Triggering Event, other securities) that, except as provided in this Agreement, including, without limitation, including in Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights; and (ii) at all times following the occurrence of a Section 11(a)(ii) Event, shall so reserve and keep available a sufficient number of any other securities that may be required to permit the exercise in full of the Rights pursuant to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Questar Corp)

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Reservation and Availability of Common Stock. (a) The Company shall (i) shall at all times prior to the Expiration Date cause to be reserved and kept available out of its authorized and unissued shares of Common Stock, or any authorized and issued shares of Common Stock held in its treasury, the number of shares of Common Stock that, as provided in this Agreement, including, without limitation, including Section 11(a)(iii) hereof), will be sufficient to permit the exercise in full exchange of all outstanding RightsRights (it being understood that any of the foregoing shares or securities may also be reserved for other purposes); and (ii) at all times following the occurrence of a Section 11(a)(ii) Flip-in Event, shall so reserve and keep available a sufficient number of any other securities that may be required to permit the exercise in full of the Rights pursuant to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Frozen Food Express Industries Inc)

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