Reservation and Availability of Preferred 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 or out of authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 8 contracts
Samples: Rights Agreement (Iteq Inc), Rights Agreement (Veritas DGC Inc), Rights Agreement (Iteq Inc)
Reservation and Availability of Preferred 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 or out of any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights.
Appears in 5 contracts
Samples: Shareholder Rights Agreement (Perini Corp), Shareholder Rights Agreement (American Science & Engineering Inc), Shareholder Rights Agreement (American Science & Engineering Inc)
Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available at all times out of its authorized and unissued shares of Preferred Stock or out of its authorized and issued shares of Preferred Stock held in its treasury, free from preemptive rights or any right of first refusal, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding RightsRights from time to time outstanding.
Appears in 5 contracts
Samples: Rights Agreement (Alternative Resources Corp), Rights Agreement (Commonwealth Energy Corp), Rights Agreement (First Sierra Financial Inc)
Reservation and Availability of Preferred 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 or out of any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 5 contracts
Samples: Rights Agreement (Castle a M & Co), Rights Agreement (Kellwood Co), Preferred Stock Rights Agreement (Providence Service Corp)
Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued shares of Preferred Stock or out of authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock not reserved for another purpose that will be sufficient to permit the exercise in full of all outstanding Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock (or other equity securities of the Company) issuable upon exercise of all outstanding Rights above the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.
Appears in 3 contracts
Samples: Rights Agreement (Cardium Therapeutics, Inc.), Rights Agreement (Active Power Inc), Rights Agreement (Collateral Therapeutics Inc)
Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will shall cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock preferred stock or out of authorized and issued any shares of Preferred Stock preferred stock held in its treasury, treasury the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding RightsRights as provided in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Southwest Gas Holdings, Inc.), Rights Agreement, Rights Agreement (On Semiconductor Corp)
Reservation and Availability of Preferred 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 or out of authorized and issued shares of Preferred Stock held in its treasurypreferred stock, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.
Appears in 2 contracts
Samples: Tax Benefits Preservation Rights Agreement (Sed International Holdings Inc), Tax Benefits Preservation Rights Agreement (Capital Trust Inc)
Reservation and Availability of Preferred Stock. (a) 9.1. The Company Corporation covenants and agrees that that, at all times prior to the occurrence of a Section 11.1.2 Event, it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock Stock, or out of any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights.in
Appears in 2 contracts
Samples: Rights Agreement (Pyramid Breweries Inc), Rights Agreement (Pyramid Breweries Inc)
Reservation and Availability of Preferred 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 or out of authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 2 contracts
Samples: Rights Agreement (Equidyne Corp), Rights Agreement (Equidyne Corp)
Reservation and Availability of Preferred 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 or (or, following the occurrence of a Triggering Event, out of its authorized and issued unissued shares of Preferred Common Stock of the Company or any shares of Common Stock of the Company held in its treasury), the number of shares of Preferred Stock (or, following the occurrence of a Triggering Event, Common Stock) that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Myriad Pharmaceuticals, Inc.), Shareholder Rights Agreement (Myriad Pharmaceuticals, Inc.)
Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of of, and to the extent of, its authorized and unissued shares of Preferred Stock or out of authorized and issued shares of not reserved for another purpose, sufficient Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with this Agreement. Upon the occurrence of any events
Appears in 2 contracts
Samples: Rights Agreement (I2 Technologies Inc), Rights Agreement (I2 Technologies Inc)
Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will shall cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock Stock, or out of any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock (and/or other securities) that will be sufficient to permit the exercise exercise, to the extent provided in full Section 11(a)(i), and in accordance with the terms of Section 7, of all outstanding Rights.
Appears in 2 contracts
Samples: Rights Agreement (Quanex Corp), Rights Agreement (Quanex Corp)
Reservation and Availability of Preferred 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 or out of its authorized and issued shares of Preferred Stock held in its treasury, free from preemptive rights or any right of first refusal, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding RightsRights from time to time outstanding.
Appears in 1 contract
Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will shall cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock Stock, or out of any authorized and issued shares of Preferred Stock held in its treasury(and, following the number occurrence of a Triggering Event, shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights.of
Appears in 1 contract
Samples: Rights Agreement (Alliance Fiber Optic Products Inc)
Reservation and Availability of Preferred 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 or out of authorized and issued shares of Preferred Stock held in its treasuryStock, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.
Appears in 1 contract
Samples: Shareholder Rights Agreement (Apricus Biosciences, Inc.)
Reservation and Availability of Preferred 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 or out of authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights.its
Appears in 1 contract
Reservation and Availability of Preferred 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 or out of authorized and issued shares of Preferred Stock held in its treasuryStock, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of the number then available, the Company shall make appropriate increases in the number of authorized shares.
Appears in 1 contract
Samples: Stockholder Rights Agreement (First Real Estate Investment Trust of New Jersey)
Reservation and Availability of Preferred Stock. (a) 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 or out of any authorized and issued shares of Preferred Stock held in its treasury, the free from preemptive rights or any right of first refusal, a number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding RightsRights at the date of this Rights Agreement.
Appears in 1 contract
