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.
Appears in 19 contracts
Samples: Rights Agreement (Centerline Holding Co), Rights Agreement (Alteva, Inc.), Rights Agreement (Alteva, 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 treasuryShares, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 17 contracts
Samples: Rights Agreement (Adc Telecommunications Inc), Rights Agreement (Adc Telecommunications Inc), Rights Agreement (Polaris Industries Inc/Mn)
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 RightsRights in accordance with Section 7.
Appears in 7 contracts
Samples: Rights Agreement (Carbonite Inc), Rights Agreement (Netlogic Microsystems Inc), Rights Agreement (MoSys, 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 (to the extent available and subject to Section 11(a)(iii) herein) that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 5 contracts
Samples: Rights Agreement (Flow International Corp), Rights Agreement (Colorado Medtech Inc), Rights Agreement (Seamed 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 authorized and issued Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7 hereof.
Appears in 2 contracts
Samples: Rights Agreement (Banknorth Group Inc/Me), Rights Agreement (Peoples Heritage Financial 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 Rights then outstanding Rightsin accordance with Section 7.
Appears in 1 contract
Samples: Rights Agreement (Viatel 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 (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares or any Common Shares held in treasury) that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7 above.
Appears in 1 contract
