Common use of FOURTH Clause in Contracts

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 shares, consisting of 475,000,000 shares of Common Stock, par value $.10 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock").

Appears in 2 contracts

Sources: Merger Agreement (Unum Corp), Merger Agreement (Provident Companies Inc /De/)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares300,000,000, consisting of 475,000,000 which 10,000,000 shares of shall be Preferred Stock, par value $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.10 .01 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock")share.

Appears in 2 contracts

Sources: Merger Agreement (Grey Wolf Inc), Merger Agreement (Basic Energy Services Inc)

FOURTH. A. The total number of shares of capital all classes of stock which the Corporation corporation shall have authority to issue is 500,000,000 sharesFour Billion Twenty-Four Million (4,024,000,000), consisting of 475,000,000 Twenty Million (20,000,000) shares of Preferred Stock without par value, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock, Stock of the par value of $.10 1-2/3 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock")share.

Appears in 2 contracts

Sources: Merger Agreement (Norwest Corp), Merger Agreement (Wells Fargo & Co)

FOURTH. A. The total number of shares of all classes of capital stock which that the Corporation shall have authority is authorized to issue is 500,000,000 211,000 shares, consisting of 475,000,000 two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of shares of Common StockStock that the Corporation is authorized to issue is 1,000 shares, par value $.10 0.01 per share (the "Common Stock") and 25,000,000 share. The total number of shares of Preferred StockStock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $.10 0.01 per share (the "share, shall be designated “Series I Preferred Stock").

Appears in 2 contracts

Sources: Merger Agreement (Rouse Properties, Inc.), Merger Agreement (Brookfield Asset Management Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares160,000,000, consisting of 475,000,000 which 10,000,000 shares of shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.10 .01 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock")share.

Appears in 2 contracts

Sources: Merger Agreement (Chaparral Energy, Inc.), Stock Purchase Agreement (Chaparral Energy, Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares360,000,000, consisting of 475,000,000 which 350,000,000 shares shall be Common Stock of Common Stock, the par value of $.10 .0001 per share (and 10,000,000 shares shall be Preferred Stock of the "Common Stock") and 25,000,000 shares of Preferred Stock, par value of $.10 .0001 per share (the "Preferred Stock")share.

Appears in 2 contracts

Sources: Merger Agreement (United Refining Energy Corp), Merger Agreement (Chaparral Energy, Inc.)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 Ten Million (10,000,000) shares, consisting all of 475,000,000 shares of which shall be Common Stock, with a par value of $.10 0.001 per share (the "Common Stock") share, and 25,000,000 shares are to be of Preferred Stock, par value $.10 per share (the "Preferred Stock")one class.

Appears in 1 contract

Sources: Merger Agreement (Arc Document Solutions, Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 500,000,000 shares, consisting 36,000,000 of 475,000,000 which 35,000,000 shares shall be Common Stock of Common Stock, the par value of $.10 0.001 per share (share, and 1,000,000 shares shall be Preferred Stock of the "Common Stock") and 25,000,000 shares of Preferred Stock, par value of $.10 0.001 per share (the "Preferred Stock")share.

Appears in 1 contract

Sources: Merger Agreement (Healthcare Acquisition Corp)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 500,000,000 shares, consisting Fifty million shares comprised of 475,000,000 (i) Forty Five Million (45,000,000) shares of Common Stock, $0.0001 par value $.10 per share (the "Common Stock"”), and (ii) and 25,000,000 Five Million (5,000,000) shares of Preferred Stock, $0.0001 par value $.10 per share (the "Preferred Stock"). The following is a statement of the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation.

Appears in 1 contract

Sources: Merger Agreement (Robcor Properties Inc)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 150 shares, consisting all of 475,000,000 which shares of shall be Common Stock, Stock having a par value of $.10 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock")0.01.

Appears in 1 contract

Sources: Merger Agreement (PHX Minerals Inc.)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 shares1,100,000,000, consisting of 475,000,000 of: (x) 1,000,000,000 shares of Common Stock, par value $.10 0.01 per share (the "Common Stock"”), issuable in two classes as hereinafter provided, and (y) and 25,000,000 100,000,000 shares of Preferred Stock, par value $.10 1.00 per share (the "Preferred Stock")., issuable in one or more series as hereinafter provided in paragraph 11 of this Article Fourth. The Common Stock shall be issuable in classes as follows:

Appears in 1 contract

Sources: Investment Agreement (Jackson Financial Inc.)

FOURTH. A. The total number of shares of capital stock of all classes which the Corporation shall have has authority to issue is 500,000,000 1,015,000,000 shares, consisting of 475,000,000 which 1,000,000,000 shares of Common Stockshall be common stock, with a par value of $.10 .0006 per share (the "Common Stock") ”), and 25,000,000 15,000,000 shares of Preferred Stockshall be preferred stock, with a par value of $.10 0.0006 per share (the "Preferred Stock").. The designations and the powers, preferences and rights, and the qualifications, limitations or restrictions of the shares of each class of stock are as follows:

Appears in 1 contract

Sources: Investment Agreement (Transmeridian Exploration Inc)

FOURTH. A. The total number of shares of all classes of capital stock which that the Corporation shall have authority corporation is authorized to issue is 500,000,000 shares108,000,000, consisting of 475,000,000 shares of Common Stock, par value $.10 per share which (the "Common Stock"1) and 25,000,000 shares of 8,000,000 shall be Preferred Stock, par value $.10 per share Stock (the "Preferred Stock"), 6,250,000 of which shall be designated Series A Convertible Participating Preferred Stock ("Series A Preferred Stock") and (2) 100,000,000 shall be Common Stock ("Common Stock"). Both the Preferred Stock and Common Stock shall have a par value of $.01 per share.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Koll Donald M)

FOURTH. A. The total number of shares of capital stock which the Corporation corporation shall have authority to issue is 500,000,000 shares, consisting of 475,000,000 Three Thousand (3,000) shares of Common Stock, $0.01 par value per share, amounting in the aggregate to Thirty Dollars ($.10 per share (the "Common Stock"30.00) and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock")capital stock.

Appears in 1 contract

Sources: Pension Agreement (WHX Corp)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares, consisting of 475,000,000 which shares of shall be Common Stock, Stock with a par value of $.10 .0001 per share (the "Common Stock") and 25,000,000 1,000,000 shares of shall be Preferred Stock, Stock with a par value of $.10 .0001 per share (the "Preferred Stock").

Appears in 1 contract

Sources: Merger Agreement (Prospect Acquisition Corp)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares, consisting of 475,000,000 One Hundred Million (100,000,000) shares of Common Stock, par value $.10 0.01 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock").

Appears in 1 contract

Sources: Merger Agreement (Cna Surety Corp)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation corporation shall have authority to issue is 500,000,000 shares, consisting of 475,000,000 one thousand (1,000) shares of Common Stock, par value One Dollar ($.10 1.00) per share share, amounting in the aggregate to One Thousand Dollars (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock"1,000).

Appears in 1 contract

Sources: Merger Agreement (Airborne Inc /De/)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 sharesFifty Million (50,000,000) shares of capital stock, consisting of 475,000,000 Forty-Five Million (45,000,000) shares of Common Stock, each having a par value of $.10 0.001 per share share, and Five Million (the "Common Stock"5,000,000) and 25,000,000 shares of Preferred Stock, each having a par value of $.10 0.001 per share share, of which One Million Sixty Thousand (1,060,000) shares shall be designated Series A Convertible Preferred Stock (the "Preferred StockSeries A Preferred").

Appears in 1 contract

Sources: Agreement and Plan of Recapitalization and Merger (Juno Lighting Inc)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 shares275,000,000 shares of capital stock ("Capital Stock"), consisting of 475,000,000 250,000,000 shares of Common Stock, par value $.10 0.01 per share (the "Common Stock") ), and 25,000,000 shares of Preferred Stockpreferred stock, par value $.10 0.01 per share (the "Preferred Stock").

Appears in 1 contract

Sources: Agreement and Plan of Merger (Kansas City Power & Light Co)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 sharesSixty Million (60,000,000), consisting of 475,000,000 divided into Fifty Million (50,000,000) shares of Common Stock, Stock of the par value of one cent ($.10 0.01) per share and Ten Million (the "Common Stock"10,000,000) and 25,000,000 shares of Preferred Stock, Stock of the par value of one cent ($.10 0.01) per share (the "Preferred Stock")share.

Appears in 1 contract

Sources: Merger Agreement (Hispanic Television Network Inc)

FOURTH. A. The total number of shares of capital all classes of stock which the Corporation shall have authority to issue is 500,000,000 705,000,000 shares, consisting of 475,000,000 (i) 700,000,000 shares of Common Stock, $.01 par value $.10 per share (the "Common Stock"), and (ii) and 25,000,000 5,000,000 shares of Preferred Stock, $.01 par value $.10 per share (the "Preferred Stock")."

Appears in 1 contract

Sources: Quarterly Report

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 175,078,160 shares, consisting of 475,000,000 (i) 142,656,279 shares of Common Stock, par value $.10 .01 per share (the "Common Stock") and 25,000,000 (ii) 32,421,881 shares of Preferred Stock, par value $.10 .01 per share (the "Preferred Stock").

Appears in 1 contract

Sources: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc)

FOURTH. A. The total number of shares of capital stock which that the Corporation shall have has the authority to issue is 500,000,000 sharesshall be 2,000, consisting of 475,000,000 1,000 shares (each, a “Preferred Share”) of Common Stockpreferred stock, par value $.10 0.001 per share (the "Common “Preferred Stock") and 25,000,000 1,000 shares of Preferred Stockcommon stock, par value $.10 0.001 per share (the "Preferred “Common Stock").

Appears in 1 contract

Sources: Merger Agreement (Alexion Pharmaceuticals, Inc.)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 600,000,000 of which 500,000,000 shares, consisting shares shall be Common Stock of 475,000,000 shares of Common Stock, the par value of $.10 0.0001 per share (and 100,000,000 shares shall be Preferred Stock of the "Common Stock") and 25,000,000 shares of Preferred Stock, par value of $.10 0.0001 per share (the "Preferred Stock")share.

Appears in 1 contract

Sources: Business Combination Agreement (Leo Holdings Corp.)

FOURTH. A. The total aggregate number of all classes of shares of capital stock which the Corporation shall have the authority to issue is 500,000,000 shares, consisting of 475,000,000 one thousand (1,000) shares of Common Stockcommon stock, with a par value of $.10 0.01 per share (the "Common Stock") ). FIFTH: The rights, preferences, privileges and 25,000,000 shares of Preferred Stock, par value $.10 per share (restrictions granted or imposed upon the "Preferred Stock").Common Stock are as follows:

Appears in 1 contract

Sources: Merger Agreement (Nbty Inc)

FOURTH. A. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 500,000,000 175,078,160 shares, consisting of 475,000,000 (i) 142,656,279 shares of Common Stock, par value $.10 .01 per share (the "Common Stock") and 25,000,000 (ii) 32,421,882 shares of Preferred Stock, par value $.10 .01 per share (the "Preferred Stock").

Appears in 1 contract

Sources: Merger Agreement (Algos Pharmaceutical Corp)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 500,000,000 sharesforty million (40,000,000) shares of capital stock, consisting of 475,000,000 (i) thirty five million (35,000,000) shares of Common Stockcommon stock, par value $.10 0.00001 per share, and (ii) five million (5,000,000) shares of preferred stock, par value $0.00001 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock").

Appears in 1 contract

Sources: Merger Agreement (Cepton, Inc.)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 sharesten thousand (10,000) shares of capital stock, consisting of 475,000,000 10,000 shares of Common Stockcommon stock, each having a par value of $.10 0.01 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock")share.

Appears in 1 contract

Sources: Merger Agreement (Kellanova)

FOURTH. A. The total number of shares of capital all classes of stock which the Corporation shall have authority to issue is 500,000,000 305,000,000 shares, consisting of 475,000,000 (i) 300,000,000 shares of Common Stock, $.01 par value $.10 per share (the "Common Stock"), and (ii) and 25,000,000 5,000,000 shares of Preferred Stock, $.01 par value $.10 per share (the "Preferred Stock"). The following is a statement of the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation.

Appears in 1 contract

Sources: Quarterly Report

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 510,000,000 of which 500,000,000 shares, consisting of 475,000,000 shares of shall be Common Stock, par value $.10 0.0001 per share (the "Common Stock") ”), and 25,000,000 10,000,000 shares of shall be Preferred Stock, Stock par value $.10 0.0001 per share (the "Preferred Stock").. The designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation are as follows:

Appears in 1 contract

Sources: Common Stock Purchase Agreement (Nesco Holdings, Inc.)

FOURTH. A. The total number of shares of capital all classes of stock which the Corporation shall have authority to issue is 500,000,000 shares200,000,000, consisting of 475,000,000 175,000,000 shares of Common Stock, par value one cent ($.10 .01) per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value one cent ($.10 .01) per share (the "Preferred Stock").

Appears in 1 contract

Sources: Agreement and Plan of Merger (Engility Holdings, Inc.)

FOURTH. A. The total number of shares of capital stock which the Corporation shall have authority to issue is 500,000,000 shares, consisting of 475,000,000 three thousand (3,000) shares of Common Stock, par value $.10 .01 per share (share. FIFTH: The name and address of the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.10 per share (the "Preferred Stock").sole incorporator is as follows:

Appears in 1 contract

Sources: Merger Agreement (Iconix Brand Group, Inc.)

FOURTH. A. The total number of shares of capital all classes of stock which the Corporation shall have authority to issue is 500,000,000 shares990,000,000, consisting of 475,000,000 900,000,000 shares of Common Stock, par value $.10 0.01 per share (the "Common Stock") and 25,000,000 90,000,000 shares of Preferred Stock, par value $.10 0.01 per share (the "Preferred Stock").

Appears in 1 contract

Sources: Corporate Governance (JELD-WEN Holding, Inc.)