Common use of Designation and Amount Clause in Contracts

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Synavant Inc), Rights Agreement (Synavant Inc)

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Designation and Amount. The shares of such series shall be ---------------------- designated as "Series A Junior Participating One Preferred Stock" (the "Series A One Preferred Stock") and the number of shares constituting the Series A One Preferred Stock shall be 500,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of -------- shares of Series A One Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A One Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Carey International Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00060,000. Such number of shares may be increased in- creased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Tca Cable Tv Inc)

Designation and Amount. The shares of such series shall be ---------------------- designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") ), shall have a par value per share equal to $.01 and the number of shares constituting the Series A Preferred Stock such series shall be 500,000200,000. Such The number of shares of Series A Stock may be increased or decreased by a resolution of duly adopted by the Board of Directors; PROVIDED, that no decrease shall reduce but may not be decreased below the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Riverstone Networks Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Preference Stock" (the "Series A Preferred Preference Stock") and the number of shares constituting the Series A Preferred Preference Stock shall be 500,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDpro- vided, that no decrease shall reduce the number of shares of Series A Preferred Preference Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities securi- ties issued by the Company Corporation convertible into Series A Preferred Preference Stock.

Appears in 1 contract

Samples: Rights Agreement (Sonat Inc)

Designation and Amount. The shares of such series shall be ---------------------- designated as "Series A Junior Participating One Preferred Stock" (the "Series A One Preferred Stock") and the number of shares constituting the Series A One Preferred Stock shall be 500,000750,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of -------- shares of Series A One Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A One Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Nabi /De/)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Convertible Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00060,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Lee Enterprises Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock. Shares of Series A Preferred Stock shall have a par value of $.01 per share.

Appears in 1 contract

Samples: Rights Agreement (Cai Wireless Systems Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000forty thousand (40,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Inso Corp)

Designation and Amount. The shares of such series shall ----------------------- be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,200,000 shares. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Greater Bay Bancorp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock," par value $0.01 per share (the "Series A Preferred Stock") ), and the number of shares constituting the Series A Preferred Stock shall be 500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred StockCompany.

Appears in 1 contract

Samples: Rights Agreement (Esco Electronics Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" ,” without par value (the "Series A Preferred Stock") ”), and the number of shares constituting the Series A Preferred Stock shall be 500,000600,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Pac-West Telecomm Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be five hundred thousand (500,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Starmedia Network Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000150,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (HPSC Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior D Participating Cumulative Preferred Stock," (the "Series A D Preferred Stock") and the number of shares constituting the Series A D Preferred Stock shall be 500,00050,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A D Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A D Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Packaged Ice Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK") and the number of shares constituting the Series A Preferred Stock shall be 500,000125,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Cognizant Technology Solutions Corp)

Designation and Amount. The shares of such series shall be designated designed as "the Series A Junior Participating Preferred Stock" Shares (the "Series A Preferred StockShares") ), and the number of shares constituting the Series A Preferred Stock such series shall be 500,0004,200,000. Such The number of shares may constituting such series may, unless prohibited by the Articles of Incorporation, be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no decrease shall reduce the number of shares of Series A Preferred Stock Shares to a number less than the number of shares then outstanding plus the number of shares reserved for issuance issuable upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred StockShares.

Appears in 1 contract

Samples: Share Exchange Agreement (ActiVein, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000One Million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Half Robert International Inc /De/)

Designation and Amount. The shares of such series shall be designated as "Series A One Junior Participating Preferred Stock" (the "Series A One Preferred Stock") and the number of shares constituting the Series A One Preferred Stock shall be 500,000750,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no decrease shall reduce the number of shares of Series A One Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A One Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Aronex Pharmaceuticals Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK") and the number of shares constituting the Series A Preferred Stock shall be 500,000[ ]. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or and warrants or and upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Anteon International Corp)

Designation and Amount. The shares of such series shall will be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") ” (the “Series A Preferred Stock”), and the number of shares constituting the Series A Preferred Stock shall will be 500,000Fifty Thousand (50,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that that, no decrease shall will reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Waters Instruments Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, HOWEVER, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Par Pharmaceutical Companies, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be Five Hundred Thousand (500,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than that of the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Lenox Group Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Exact Sciences Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00040,000. Such number of shares may be increased or decreased by resolution of the Board of Directorsprior to issuance; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Centene Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating One Preferred Stock" (the "Series A One Preferred Stock") and the number of shares constituting the Series A One Preferred Stock shall be 500,000750,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A One Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A One Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Nabi /De/)

Designation and Amount. The shares of such series shall be designated as "Series A F Junior Participating Preferred Stock" (the "Series A F Preferred Stock") and the number of shares constituting the Series A F Preferred Stock shall be 500,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A F Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A F Preferred Stock.

Appears in 1 contract

Samples: Section 382 Rights Agreement (CNO Financial Group, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK") and the number of shares constituting the Series A Preferred Stock shall be 500,00050,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Dade Behring Holdings Inc)

Designation and Amount. The shares of such series shall be ---------------------- designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000________. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Assisted Living Concepts Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00018,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then then-outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Universal Stainless & Alloy Products Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000160,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Wheeling Pittsburgh Corp /De/)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000Three Hundred Thousand (300,000). Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (United Online Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into or exchangeable for Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Ciber Inc)

Designation and Amount. The shares of such series There shall be a series of Preferred Stock designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, HOWEVER, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares then reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion or exchange of any outstanding securities issued by the Company Corporation convertible into or exchangeable for Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Viatel Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000. 1,000,000 Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Bank of Marin Bancorp)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00065,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Brunswick Technologies Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,012,500. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Pacific Sunwear of California Inc

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00050,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (At&t Wireless Services Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000150,000 shares, no par value. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Midamerican Energy Holdings Co /New/)

Designation and Amount. The shares of such series There shall be a series of Preferred Stock designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, HOWEVER, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares then reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion or exchange of any outstanding securities issued by the Company Corporation convertible into or exchangeable for Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Ucar International Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock, Series A" (the "Series A Preferred Stock") ), and the number of shares constituting the Series A Preferred Stock shall be 500,000[90,000]. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Thistle Group Holdings Co)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the th "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000300,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares of Series A Preferred Stock then outstanding outstanding, plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation and convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Access Pharmaceuticals Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" , $.01 Par Value (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be 500,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants to purchase, or upon the conversion of any outstanding securities issued by the Company Corporation convertible into into, Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Comtech Telecommunications Corp /De/)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00032,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Nuverra Environmental Solutions, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000[ ]. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Agreement (Piper Jaffray Companies)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000700,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Laclede Group Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000125,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Hercules Inc

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00040,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then then-outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Oasis Petroleum Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000seven hundred thousand (700,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance Issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Firstmerit Corp)

Designation and Amount. The shares of such series shall be ---------------------- designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000687,500. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Amgen Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000thirty thousand (30,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Xetel Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0007,500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Mineral Energy Co)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK") and the number of shares constituting the Series A Preferred Stock shall be 500,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or and warrants or and upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Anteon International Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" , Series A” (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be 500,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsDirectors in accordance with the Charter; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Hanesbrands Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000two hundred thousand. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Sports Club Co Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00015,000. Such number of shares may be increased or decreased by resolution of the Board of Directorsprior to issuance; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Viasys Healthcare Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000250,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights rights, or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Hemacare Corp /Ca/)

Designation and Amount. The shares of such series shall be ---------------------- designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Preferred Share Purchase Rights Agreement (Meristar Hotels & Resorts Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000Twenty Million (20,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Live Nation Entertainment, Inc.)

Designation and Amount. The shares of such series shall ---------------------- be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce -------- the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Newmont Mining Corp)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be five hundred thousand (500,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Crane Co /De/)

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Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" Shares” (the "Series A Preferred Stock"Shares”) and the number of shares constituting the Series A Preferred Stock Shares shall be 500,0005,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no decrease shall reduce the number of shares of Series A Preferred Stock Shares to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred StockShares.

Appears in 1 contract

Samples: Rights Agreement (Primus Guaranty LTD)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall initially be 500,0001,500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities or rights issued by the Company convertible into Series A Preferred Stock.Stock and further provided that the Board of Directors shall increase the number of shares

Appears in 1 contract

Samples: Rights Agreement (Fruit of the Loom Inc /De/)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK") and the number of shares constituting the Series A Preferred Stock shall be 500,00010,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Conocophillips)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000one hundred thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Town Sports International Holdings Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock"” (the “Series A Preferred Stock”) and the number of shares constituting the Series A Preferred Stock shall be 500,000100,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; PROVIDEDprovided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the sum of the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (U S Precious Metals Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000two million (2,000,000) (such shares the “Series A Preferred Stock”). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Agreement (Moneygram International Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") ), and the number of shares constituting the Series A Preferred Stock shall be 500,000One Hundred Thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that that, no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Northwest Teleproductions Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating A-1 Convertible Preferred Stock" (the "Series A A-1 Preferred Stock") and the number of shares constituting the Series A A-1 Preferred Stock shall be 500,000440,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no decrease shall reduce the number of shares of Series A A-1 Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A A-1 Preferred Stock.

Appears in 1 contract

Samples: Exchange Agreement (Informix Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Advanced Medical Optics Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000________________. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Quantum Direct Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" Shares” (the "Series A Preferred Stock"Shares”) and the number of shares constituting the Series A Preferred Stock Shares shall be 500,0005,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock Shares to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred StockShares.

Appears in 1 contract

Samples: Rights Agreement (Mallinckrodt PLC)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") ). The Series A Preferred Stock shall have a par value of $.01 per share, and the number of shares constituting the Series A Preferred Stock such series shall be 500,000Eight Hundred Thousand (800,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no such decrease shall reduce the number of shares of the Series A Preferred Stock to a number less than the number of shares then outstanding outstanding, plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants warrants, or upon the conversion of any outstanding securities issued by the Company Corporation convertible into into, or exercisable or exchangeable for, Series A Preferred Stock.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Freemarkets Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK") and the number of shares constituting the Series A Preferred Stock shall be 500,000300,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Intelliquest Information Group Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000______________. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Ameripath Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into or exercisable for Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Monterey Resources Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000600,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Genvec Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be 500,000one hundred fifty thousand (150,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Emulex Corp /De/)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000one hundred thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Burr Brown Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock," par value $.01 per share (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock such series shall be 500,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Servicemaster LTD Partnership)

Designation and Amount. The shares of such series ---------------------- shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Exodus Communications Inc)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000One Million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Station Casinos Inc)

Designation and Amount. The shares of such this series of Preferred Stock shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000300,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Rentrak Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000sixty thousand (60,000). Such number of shares may be increased or decreased by resolution of the Board of Directorsprior to issuance; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Aspect Medical Systems Inc)

Designation and Amount. The shares of such this series shall be ---------------------- designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00021,500. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Brooks Automation Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") " and the number of shares initially constituting the the, Series A Preferred Stock shall be 500,00060,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Corvel Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000Three Hundred Thousand (300,000). Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (United Online Inc)

Designation and Amount. The shares of such this series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,00075,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Avant Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000600,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Delphi Information Systems Inc /De/)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK") and the number of shares constituting the Series A Preferred Stock shall be 500,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into or exchangeable for Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Dynamic Materials Corp)

Designation and Amount. The shares of such series shall be ---------------------- designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Catellus Development Corp)

Designation and Amount. The shares of such series shall be ---------------------- designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000153,650. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Keystone Automotive Industries Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into or exchangeable for Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Royal Gold Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") ), and the number of shares constituting the Series A Preferred Stock shall be 500,000Three Hundred Thousand (300,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that that, no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Health Risk Management Inc /Mn/)

Designation and Amount. The shares of such series shall ---------------------- be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Premier Laser Systems Inc

Designation and Amount. The shares of such this series ---------------------- shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000300,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease -------- shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Long Island Bancorp Inc)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" , Series D” (the "Series A D Preferred Stock") ”), and the number of shares constituting the Series A D Preferred Stock shall be 500,000Two Million (2,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A D Preferred Stock stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A D Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Chembio Diagnostics, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK") and the number of shares constituting the Series A Preferred Stock shall be 500,000135,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDED, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Dames & Moore Inc /De/)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall be 500,000one million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (First Indiana Corp)

Designation and Amount. The shares of such series shall be designated as "Series A Junior Participating Preferred Stock" (the "Series A Preferred Stock") and the number of shares constituting the Series A Preferred Stock shall initially be 500,00040,259. Such number of shares may be increased or decreased by resolution of the Board of Directors; PROVIDEDprovided, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company Corporation convertible into Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement Rights Agreement (Cadiz Inc)

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