Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 19 contracts
Samples: Shareholders' Agreement (Discovery Partners International Inc), Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Combichem Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 17 contracts
Samples: Master Agreement (Fallbrook Technologies Inc), Securities Purchase Agreement (Mso Holdings Inc), Preferred Stock Purchase Agreement (WhiteSmoke, Inc.)
Dividend Rights. Subject to the prior rights of holders of all --------------- classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 11 contracts
Samples: Directed Share Agreement (Corsair Communications Inc), Intercreditor Agreement (Corsair Communications Inc), Loan and Security Agreement (Corsair Communications Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the this corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 5 contracts
Samples: Loan Agreement (Wintegra Inc), Loan Agreement (Wintegra Inc), Loan Agreement (Wintegra Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, if and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 5 contracts
Samples: Warrant Agreement (Comscore, Inc.), Investor Rights Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.)
Dividend Rights. Subject to the prior rights of holders of all --------------- classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, pro rata with Preferred Stock out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends dividends, distributed ratably among the holders of the Common Stock in proportion to the number of shares of such Common Stock owned by each such holder, as may be declared from time to time by the Board of Directors.
Appears in 3 contracts
Samples: Support Agreement (SPRINT Corp), Business Combination Agreement (Metropcs Communications Inc), Support Agreement (T-Mobile US, Inc.)
Dividend Rights. Subject to the prior rights of holders of all --------------- classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Xenogen Corp), Agreement and Plan of Reorganization (Xenogen Corp), Common Stock Purchase Agreement (Chemdex Corp)
Dividend Rights. Subject Holders of shares of Common Stock shall be entitled to receive, when, as and if declared by the Company’s Board of Directors (the “Board of Directors”), out of any assets of the Corporation legally available therefor, any dividends as may be declared from time to time by the Board of Directors, subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp), Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Cytel Corp/De), Investor Rights Agreement (Cytel Corp/De)
Dividend Rights. Subject to the prior rights of the holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of or the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Orexigen Therapeutics, Inc.), Common Stock Purchase Agreement (Orexigen Therapeutics, Inc.)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of DirectorsBoard, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of DirectorsBoard.
Appears in 2 contracts
Samples: Voting Agreement (Adknowledge Inc), Investor Rights Agreement (Adknowledge Inc)
Dividend Rights. Subject to the prior rights of holders of shares of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends dividends, if any, as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Genomic Solutions Inc), Series C Preferred Stock Purchase Agreement (Genomic Solutions Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receivereceive noncumulative dividends, when when, as and as if declared by the Board of Directors, out of any assets of the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Mavenir Systems Inc, Mavenir Systems Inc
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation this Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 2 contracts
Samples: Confidential Treatment Requested (Vitae Pharmaceuticals, Inc), Confidential Treatment Requested (Vitae Pharmaceuticals, Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock shares at the time outstanding having prior rights as to dividends, the holders of the Common Stock Ordinary Shares shall be entitled to receive, when when, as and as if declared by the Board of Directors, out of any assets of the corporation Company legally available therefor, such any dividends as may be declared from time to time by the Board of DirectorsDirectors as provided in paragraph 10A(2) hereof.
Appears in 1 contract
Samples: Preferred Share Purchase Agreement (Longtop Financial Technologies LTD)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividendsPreferred Stock, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of Directors, out of any assets of the corporation Company legally available therefor, such any dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Samples: Agreement and Plan of Merger (ALKALINE WATER Co INC)
Dividend Rights. Subject to the prior rights of holders --------------- of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Corsair Communications Inc)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of Directors, out of any assets of the this corporation legally available therefor, such any dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Victory Acquisition Corp)
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the unanimous vote or written consent of the Board of Directors, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Samples: Rights Agreement (Adknowledge Inc)
Dividend Rights. Subject to the prior rights of holders holder of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation Company legally available therefortherefore, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Samples: Investor Rights Agreement (Bayhill Therapeutics, Inc.)
Dividend Rights. Subject to Article IV.B.1 and the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of the corporation this Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Dividend Rights. Subject to the prior rights of the holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets of or the corporation Corporation legally available therefor, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Dividend Rights. Subject to the prior rights of the holders of Series A Preferred and the holders of all other classes of stock (or any series thereof) at the time outstanding outstanding, if any, having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of Directors, out of any assets of the corporation Company legally available therefor, such any dividends as may be declared from time to time by the Board of DirectorsDirectors (subject to the protective provisions set forth in Article IV(B)(6)).
Appears in 1 contract
Samples: Purchase Agreement
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board unanimous vote or written consent of Directorsthe Board, out of any assets of the corporation legally available therefor, such dividends as may be declared from time to time by the Board of DirectorsBoard.
Appears in 1 contract
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when and as declared by the Board of Directors, out of any assets funds of the corporation Corporation legally available therefor, if, as and when declared, such dividends as may be declared from time to time by the Board of Directors.
Appears in 1 contract
Dividend Rights. Subject to the prior rights of holders of all classes of stock at the time outstanding having prior rights as to dividends, the holders of the Common Stock shall be entitled to receive, when when, as and as if declared by the Board of DirectorsBoard, out of any assets of the this corporation legally available therefor, such any dividends as may be declared from time to time by the Board of DirectorsBoard.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Valeritas Inc)