Common use of Use of Common Equivalent Shares Clause in Contracts

Use of Common Equivalent Shares. In the event that the number of shares of Common Stock which are authorized by the Company's certificate of incorporation, but which are not outstanding or reserved for issuance for purposes other than upon exercise of the Rights ("Available Common Stock") is not sufficient to permit the exercise in full of the Rights after the adjustment made in accordance with Section 11(b), then:

Appears in 4 contracts

Samples: Rights Agreement (Navistar International Corp /De/New), Rights Agreement (Whirlpool Corp /De/), Rights Agreement (Dean Foods Co)

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Use of Common Equivalent Shares. In the event that (x) the number of shares of Common Stock which are authorized by the Company's certificate ’s articles of incorporation, but which are not outstanding or reserved for issuance for purposes other than upon exercise of the Rights ("Available Common Stock") is not sufficient to permit the exercise in full of the Rights after the adjustment made in accordance with Section 11(b)) and (y) the Board of Directors does not exercise its power to increase the number of authorized shares, then:

Appears in 2 contracts

Samples: Rights Agreement (Hanesbrands Inc.), Rights Agreement (Hanesbrands Inc.)

Use of Common Equivalent Shares. In the event that (x) the number of shares of Common Stock which are authorized by the Company's certificate of incorporation’s charter, but which are not outstanding or reserved for issuance for purposes other than upon exercise of the Rights ("Available Common Stock") is not sufficient to permit the exercise in full of the Rights after the adjustment made in accordance with Section 11(b)) and (y) the Board of Directors does not exercise its power to increase the number of authorized shares, then:

Appears in 2 contracts

Samples: Rights Agreement (Strategic Hotels & Resorts, Inc), Rights Agreement (Strategic Hotels & Resorts, Inc)

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Use of Common Equivalent Shares. In the event that the number of shares of Common Stock which are authorized by the Company's certificate of incorporation, but which are not outstanding or reserved for issuance for purposes other than upon exercise of the Rights ("Available AAvailable Common Stock"Stock@) is not sufficient to permit the exercise in full of the Rights after the adjustment made in accordance with Section 11(b), then:

Appears in 1 contract

Samples: Rights Agreement (Servicemaster LTD Partnership)

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