Common use of Senior Stock Clause in Contracts

Senior Stock. The term "Senior Stock" shall mean any shares of any class or any series of capital stock of the Corporation ranking prior to the Preferred Stock in respect of the right to receive dividends and/or to participate in any distribution of assets other than by way of dividends.

Appears in 2 contracts

Samples: Registration Rights Agreement (Safeguard Health Enterprises Inc), Registration Rights Agreement (Anderson Jack R)

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Senior Stock. The term "Senior Stock" shall mean any shares of mean, as the case may be, (i) any class or any series of capital stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking prior senior to the Class E Preferred Stock in respect of the right to receive dividends and/or or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthe Corporation.

Appears in 2 contracts

Samples: Deposit Agreement (Kimco Realty Corp), Purchase Agreement (Price Reit Inc)

Senior Stock. The term "Senior Stock" shall mean any shares of any class or any series of capital stock shares of the Corporation issued after the Issue Date ranking prior senior to the Preferred Series A Stock in respect of the right to receive dividends and/or to participate dividends, as discussed in any distribution paragraph 2 below, or assets upon the liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthe Corporation, as discussed in paragraph 3 below.

Appears in 2 contracts

Samples: Rights Agreement (Rocky Shoes & Boots Inc), Rights Agreement (Rocky Shoes & Boots Inc)

Senior Stock. The term "Senior Stock" shall mean any shares of mean, as the case may be, (i) any class or any series of capital stock of the Corporation ranking prior senior to the Series G Preferred Stock in respect of the right to receive dividends and/or distributions or (ii) any class or series of stock of the Corporation ranking senior to the Series G Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthe Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Glimcher Realty Trust)

Senior Stock. The term "Senior Stock" shall mean any shares of any class or any series of capital stock of the Corporation ranking prior Corporation, whether now or hereafter authorized, that by the terms of the Certificate of Incorporation or of an instrument of the Board, acting pursuant to authority granted in the Certificate of Incorporation establishing such class or series, and without violation of any provision herein, shall be senior to the Series C Preferred Stock in respect of the right to receive dividends and/or and in respect to participate in the right to receive any distribution assets upon liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthe Corporation. The Series B Preferred Stock will be Senior Stock and is the only Senior Stock on the date hereof.

Appears in 1 contract

Samples: Agreement Agreement (GSV Inc)

Senior Stock. The term "Senior Stock" shall mean any shares of mean, as the case may be, (i) any class or any series of capital stock of the Corporation created after the Issue Date ranking prior senior to the Class A Preferred Stock in respect of the right to receive dividends and/or or (ii) any class or series of stock of the Corporation created after the Issue Date ranking senior to the Class A Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthe Corporation.

Appears in 1 contract

Samples: Deposit Agreement (Kimco Realty Corp)

Senior Stock. The term "Senior Stock" shall mean any shares of any class or any series of capital stock of the Corporation authorized after the Initial Issue Date ranking prior senior to the Preferred Convertible Special Stock in respect of the right to receive dividends and/or or in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthe Corporation.

Appears in 1 contract

Samples: Alliance Gaming Corporation (Alliance Gaming Corp)

Senior Stock. The term "Senior Stock" shall mean any shares of mean, as the case may be: (i) any class or any series of capital stock of the Corporation ranking prior senior to the Series I Preferred Stock in respect of the right to receive dividends and/or distributions; or (ii) any class or series of stock of the Corporation ranking senior to the Series I Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthe Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Glimcher Realty Trust)

Senior Stock. The term "Senior Stock" shall mean any shares mean, for purposes of Section 2 below, any class or any series of capital stock of the Corporation authorized after the Initial Issue Date ranking prior senior to the Series A Preferred Stock in respect of the right to receive dividends and/or dividends, and for purposes of Section 3 below, shall mean any class or series of stock of the Corporation authorized after the Initial Issue Date racking senior to the Series A Preferred Stock in respect of the right to receive dividend or to participate in any distribution of assets other than by way of dividendsupon any Liquidation Preference Occurrence.

Appears in 1 contract

Samples: Stock Purchase Agreement (Usinternetworking Inc)

Senior Stock. The term "Senior Stock" shall mean any shares of mean, as the case may be, (i) any class or any series of capital stock of the Corporation created after the Issue Date ranking prior senior to the Class A Preferred Stock in respect of the right to receive dividends and/or or (ii) any class or series of stock of the Corporation created after the Issue Date ranking senior to participate the Class A Preferred Stock in any distribution of assets other than by way of dividends.respect of

Appears in 1 contract

Samples: Purchase Agreement (Price Reit Inc)

Senior Stock. The term "Senior Stock" shall mean any shares of mean, as the case may be: (i) any class or any series of capital stock of the Corporation ranking prior senior to the Series H Preferred Stock in respect of the right to receive dividends and/or distributions; or (ii) any class or series of stock of the Corporation ranking senior to the Series H Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthe Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Glimcher Realty Trust)

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Senior Stock. The term "Senior Stock" shall mean any shares mean, for purposes of any Section 2 below, andy class or any series of capital stock of the Corporation authorized after the Initial Issue Date ranking prior senior to the Series A Preferred Stock in respect of the right to receive dividends and/or dividends, and for purposes of Section 3 below, shall mean any class or series of stock of the Corporation authorized after the Initial Issue Date ranking senior to the Series A Preferred Stock in respect of the right to receive dividend or to participate in any distribution of assets other than by way of dividendsupon Liquidation Preference Occurrence.

Appears in 1 contract

Samples: Stock Purchase Agreement (Usinternetworking Inc)

Senior Stock. The term "Senior Stock" shall mean any shares of any class or any series of capital stock of the Corporation ranking prior corporation authorized after the Series B-1 Initial Issue Date which, by its terms, ranks senior to the Series B-1 Preferred Stock in respect of the right to receive dividends and/or dividends, and for purposes of Section 4.5.3, shall mean any class or series of stock of this corporation authorized after the Series B-1 Initial Issue Date which, by its terms, ranks senior to the Series B-1 Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthis corporation.

Appears in 1 contract

Samples: Shareholders Agreement (Intracel Corp)

Senior Stock. The term "Senior Stock" shall mean any shares mean, for purposes of paragraphs 4, 5, 7 and 8 below, any class or any series of capital stock of the Corporation issued after the Issue Date ranking prior senior to the Series E Preferred Stock in respect of the right to receive dividends and/or dividends, and, for purposes of paragraphs 4 and 8 below, any class or series of stock of the Corporation issued after the Issue Date ranking senior to participate the Series E Preferred Stock in any distribution respect of the right to receive assets other than by way upon the liquidation, dissolution or winding up of dividendsthe affairs of the Corporation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Rodman & Renshaw Capital Group Inc)

Senior Stock. The term "Senior Stock" shall mean the Series A Preferred Stock of the Corporation and any shares of any other class or any series of capital stock of the Corporation authorized after the Issue Date ranking prior senior to the Series A-1 Preferred Stock in respect of the right to receive dividends and/or payment of dividends, and for purposes of Section 3 below, shall also mean the Series A Preferred Stock of the Corporation and any other class or series of stock of the Corporation authorized after the Issue Date ranking senior to the Series A-1 Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of assets other than by way the affairs of dividendsthe Corporation.

Appears in 1 contract

Samples: Memorandum of Understanding (FLASR, Inc.)

Senior Stock. The term "Senior Stock" shall mean any shares of any class or any series of capital stock of the Corporation ranking prior corporation authorized after the Series B-2 Initial Issue Date which, by its terms, ranks senior to the Series B-2 Preferred Stock in respect of the right to receive dividends and/or dividends, and for purposes of Section 4.6.3, shall mean any class or series of stock of this corporation authorized after the Series B-2 Initial Issue Date which, by its terms, ranks senior to the Series B-2 Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of assets other than by way the affairs of dividends.this corporation. 56 114

Appears in 1 contract

Samples: Shareholders Agreement (Intracel Corp)

Senior Stock. The term "Senior Stock" shall mean any shares of any class or any series of capital stock of the Corporation corporation authorized or created after the Issue Date ranking prior senior to the Series A Preferred Stock in respect of the right to receive dividends and/or to participate in any distribution of the assets other than by way of dividendsthe corporation upon the liquidation, dissolution or winding up of the affairs of the corporation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Group Long Distance Inc)

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