Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.
Appears in 37 contracts
Samples: Rights Agreement (Xerium Technologies Inc), Rights Agreement (Caremark Rx Inc), Rights Agreement (Cnet Networks Inc)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 11 contracts
Samples: Rights Agreement (Clark/Bardes Holdings Inc), Rights Agreement (Gadzooks Inc), Rights Agreement (Benihana Inc)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, shall at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 8 contracts
Samples: Rights Agreement (Aronex Pharmaceuticals Inc), Rights Agreement (Administaff Inc \De\), Rights Agreement (Administaff Inc \De\)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 77 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 7 contracts
Samples: Rights Agreement (John Bean Technologies CORP), Rights Agreement (Patriot Coal CORP), Form of Rights Agreement (Patriot Coal CORP)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 77 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and authorized, validly authorized and issued and issued, fully paid and nonassessablenonassessable shares.
Appears in 5 contracts
Samples: Rights Agreement (Haynes International Inc), Rights Agreement (Haynes International Inc), Rights Agreement (Medicis Pharmaceutical Corp)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 77 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Common Shares of the Company and/or Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 5 contracts
Samples: Rights Agreement (Amresco Capital Trust), Rights Agreement (Walden Residential Properties Inc), Rights Agreement (Amresco Capital Trust)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares shares of preferred stock or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 77 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 2 contracts
Samples: Rights Agreement (Main Street Restaurant Group, Inc.), Rights Agreement (Smith & Wesson Holding Corp)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares Shares, or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 2 contracts
Samples: Rights Agreement (Service Corporation International), Rights Agreement (Service Corporation International)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenon-assessable shares.
Appears in 2 contracts
Samples: Rights Agreement (American Physicians Service Group Inc), Rights Agreement (American Physicians Service Group Inc)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 2 contracts
Samples: Rights Agreement (Globalnet Financial Com Inc), Rights Agreement (Collaborative Clinical Research Inc)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, shall at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.
Appears in 1 contract
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 77 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and authorized, validly authorized and issued and issued, fully paid and nonassessablenon-assessable shares.
Appears in 1 contract
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 1 contract
Samples: Rights Agreement (Oakhurst Co Inc)
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Common Shares of the Company and/or Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 1 contract
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares Shares, or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessablenonassessable shares.
Appears in 1 contract
Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 77 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all securities delivered upon exercise of Rights shall, at the time of delivery of the certificates for such securities (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable.
Appears in 1 contract
