Common use of Availability of Preferred Shares Clause in Contracts

Availability of Preferred Shares. The Company covenants and agrees that so long as the Preferred Shares (and, after the time a person becomes an Acquiring Person, Common Shares or any other securities) issuable upon the exercise of the Rights may be listed on any national securities exchange or quotation system, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed on such exchange or quotation system upon official notice of issuance upon such exercise.

Appears in 7 contracts

Samples: Rights Agreement (Avigen Inc \De), Rights Agreement (Avigen Inc \De), Rights Agreement (Looksmart LTD)

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Availability of Preferred Shares. (a) The Company covenants and agrees that so long as the Preferred Shares (and, after the time a person becomes an Acquiring Person, Common Shares or any other securities) issuable upon the exercise of the Rights may be listed on any national securities exchange or quotation system, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed on such exchange or quotation system upon official notice of issuance upon such exercise.

Appears in 3 contracts

Samples: Rights Agreement (Biogen Inc), Rights Agreement (America Online Inc), Rights Agreement (Isis Pharmaceuticals Inc)

Availability of Preferred Shares. The Company covenants and agrees that so long as the Preferred Shares (and, after the time a person becomes an Acquiring Person, Common Shares or any other securities) issuable upon the exercise of the Rights may be listed on any national securities exchange or quotation system, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed on such exchange or quotation system upon official notice of issuance upon such exercise.to

Appears in 3 contracts

Samples: Rights Agreement (Chordiant Software Inc), Rights Agreement (Compellent Technologies Inc), Rights Agreement (Repeater Technologies Inc)

Availability of Preferred Shares. The Company covenants and agrees that so long as the Preferred Shares (and, after the time a person becomes an Acquiring Person, Common Shares or any other securities) issuable upon the exercise of the Rights may be listed on any national securities exchange or quotation system, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed on such exchange or quotation system upon official notice of issuance upon such exercise.such

Appears in 2 contracts

Samples: Rights Agreement (Caliper Technologies Corp), Rights Agreement (Clarent Corp/Ca)

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Availability of Preferred Shares. The Company covenants and agrees that so long as the Preferred Shares (and, after the time a person becomes an Acquiring Person, Common Shares or any other securities) issuable upon the exercise of the Rights may be listed on any national securities exchange or quotation system, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed on such exchange or quotation system upon official notice of issuance upon such exercise.. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares (or Common Shares and other

Appears in 1 contract

Samples: Rights Agreement (Axys Pharmecueticals Inc)

Availability of Preferred Shares. The Company covenants and agrees that so long as the Preferred Shares (and, after the time a person becomes an Acquiring Person, Common Shares or any other securities) issuable upon the exercise of the Rights may be listed on any national securities exchange or quotation system, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed on such exchange or quotation system upon official notice of issuance upon such exercise.. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares (or Common Shares and other securities, as the case may be)

Appears in 1 contract

Samples: Rights Agreement (Pacificare Health Systems Inc /De/)

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