Availability of Shares of Common Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Common Stock or any shares of Common Stock held in its treasury, the number of shares of Common Stock (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.
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Samples: Rights Agreement (Penwest LTD), Rights Agreement (Total Tel Usa Communications Inc), Rights Agreement (Raymond Corp)
Availability of Shares of Common Stock. (a) The Company covenants and agrees that that, from and after such time as any Person becomes an Acquiring Person, it will cause to be reserved and kept available out of its authorized and unissued shares of Common Stock or any shares of Common Stock held in its treasury, the number of shares of Common Stock (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 2 contracts
Samples: Rights Agreement (Davita Inc), Rights Agreement (Davita Inc)
Availability of Shares of Common Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Common Stock or any shares of Common Stock held in its treasury, ; the number of shares of Common Stock (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.
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Availability of Shares of Common Stock. (a) The Company covenants and agrees that it will that, from and after such time as the Rights become exercisable, the Company shall use its best efforts to cause to be reserved and kept available out of its authorized and unissued shares of Common Stock or any shares of Common Stock held in its treasury, the number of shares of Common Stock (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.
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Availability of Shares of Common Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Common Stock or any shares of Common Stock held in its treasury(i.e., as authorized but unissued shares), the number of shares of Common Stock (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.
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Availability of Shares of Common Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Common Stock or any shares of Common Stock held in its treasury, the number of shares of Common Stock (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 1 contract
Samples: Rights Agreement (Nautilus, Inc.)