Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of all classes of stock which the corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000), consisting of 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 of the par value of $1-2/3 per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wells Fargo & Co), Agreement and Plan of Merger (Norwest Corp)

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FOURTH. A. The total number of shares of all classes of stock which the corporation shall have authority be authorized to issue is Four Billion Twenty-Four Million 2,000 shares, divided into 1,000 shares of Common Stock, par value $.01 per share (4,024,000,000herein called "Common Stock"), consisting of Twenty Million (20,000,000) and 1,000 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the par value of $1-2/3 .01 per shareshare (herein called "Preferred Stock").

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Newport News Shipbuilding Inc), Agreement and Plan of Merger (Northrop Grumman Corp /De/)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000), consisting of Twenty Million (20,000,000) 1,000 shares of Preferred Stock without common stock, par value, Four Million value $0.01 per share (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares the “Common Stock”). Each share of Common Stock of the par value of $1-2/3 per shareis entitled to one vote.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Statoil Asa), Agreement and Plan of Merger (Brigham Exploration Co)

FOURTH. The total number of shares of all classes of stock which the corporation shall have authority Corporation is authorized to issue is Four Billion Twenty-Four Million (4,024,000,000)5,000,000 shares, consisting of Twenty Million (20,000,000) 4,000,000 shares of Preferred Stock without Class A Common Stock, par value, Four Million (4,000,000) value $.01 per share and 1,000,000 shares of Preference Stock without par valueClass B Common Stock, and Four Billion (4,000,000,000) shares of Common Stock of the par value of $1-2/3 .01 per share.

Appears in 2 contracts

Samples: Joint Venture Agreement (Sequana Therapeutics Inc), Joint Venture Agreement (Sequana Therapeutics Inc)

FOURTH. A. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)[ ], consisting of Twenty Million [ ] shares of Common Stock, par value $0.0001 per share (20,000,000) the “Common Stock”), and [ ] shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the par value of $1-2/3 0.0001 per shareshare (the “Preferred Stock”).

Appears in 1 contract

Samples: Stock Purchase Agreement (Boulevard Acquisition Corp.)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 137,738,330 shares of Common Stock, $0.0001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 120,521,039 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the $0.0001 par value of $1-2/3 per shareshare (“Preferred Stock”).

Appears in 1 contract

Samples: Contribution and Exchange Agreement (Morningside Venture Investments LTD)

FOURTH. A. The corporation is authorized to issue two classes of shares of capital stock to be designated respectively "Common Stock" and "Preferred Stock." The total number of shares of all classes of stock which the corporation shall have authority is authorized to issue is Four Billion Twenty-Four Million one hundred seventy million (4,024,000,000)170,000,000) shares. The number of shares of Common Stock authorized is one hundred fifty million (150,000,000) shares, consisting and the par value of Twenty Million (20,000,000) each share is $0.001. The number of shares of Preferred Stock without par value, Four Million authorized is twenty million (4,000,00020,000,000) shares of Preference Stock without par valueshares, and Four Billion (4,000,000,000) shares of Common Stock of the par value of each share is $1-2/3 per share0.001.

Appears in 1 contract

Samples: Purchase Agreement (China BCT Pharmacy Group, Inc.)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)1,010,000 shares, consisting of Twenty Million (20,000,000i) 1,000,000 shares of Preferred Stock without common stock, par value, Four Million value $0.01 per share (4,000,000“Common Stock”) and (ii) 10,000 shares of Preference Stock without preferred stock, par valuevalue $0.01 per share (“Preferred Stock”). The following is a statement of the designations and the powers, privileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Digitalglobe, Inc.)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 182,790,071 shares of Common Stock, $0.001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 150,791,295 shares of Preferred Stock without Stock, $0.001 par valuevalue per share (“Preferred Stock”). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Business Financing Agreement (Vapotherm Inc)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 71,100,000 shares of Common Stock, $0.001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 60,455,706 shares of Preferred Stock without Stock, $0.001 par valuevalue per share (“Preferred Stock”). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Registration Rights Agreement (Vapotherm Inc)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 21,000,000 shares of Common Stock, $0.001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 10,478,189 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the $0.001 par value per share (“Preferred Stock”), of $1-2/3 per share.which 8,230,997 shares are hereby designated “Series A Preferred Stock” and 2,247,192 shares are hereby designated “Series A-2

Appears in 1 contract

Samples: Investors’ Rights Agreement (Seres Therapeutics, Inc.)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 52,000,000 shares of Common Stock, $0.001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 45,710,000 shares of Preferred Stock without Stock, $0.001 par valuevalue per share (“Preferred Stock”). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Divestiture Agreement (Ophthotech Corp.)

FOURTH. A. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)990,000,000, consisting of Twenty Million 900,000,000 shares of Common Stock, par value $0.01 per share (20,000,000the “Common Stock”) and 90,000,000 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the par value of $1-2/3 0.01 per shareshare (the “Preferred Stock”).

Appears in 1 contract

Samples: JELD-WEN Holding, Inc.

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FOURTH. A. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)200,000,000, consisting of Twenty Million 175,000,000 shares of Common Stock, par value one cent (20,000,000$.01) per share (the “Common Stock”) and 25,000,000 shares of Preferred Stock without par valueStock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the par value of one cent ($1-2/3 .01) per shareshare (the “Preferred Stock”).

Appears in 1 contract

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

FOURTH. The total number of shares of stock of all classes of stock which the corporation shall have Corporation has authority to issue is Four Billion Twenty-Four Million (4,024,000,000)1,015,000,000 shares, consisting of Twenty Million (20,000,000) which 1,000,000,000 shares of Preferred Stock without par valueshall be common stock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the with a par value of $1-2/3 .0006 per share.share (“Common Stock”), and 15,000,000 shares shall be preferred stock, with a par value of $0.0006 per share (“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

Samples: Investment Agreement (Transmeridian Exploration Inc)

FOURTH. The total number of shares of all classes of stock which the corporation Company shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)87,000, consisting of Twenty Million (20,000,000i) 2,000 shares of common stock, no par value per share ("Common Stock") and (ii) 85,000 shares of Preferred Stock without Stock, $0.001 par valuevalue per share ("Preferred Stock"). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCompany.

Appears in 1 contract

Samples: Investor Rights Agreement (SunOpta Inc.)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000), consisting of 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) 177,000,000 shares of Common Stock of Stock, and the par value of such share is $1-2/3 0.01 per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (AVX Corp)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000)i) 4,859,086 shares of Common Stock, consisting of Twenty Million $0.00001 par value per share (20,000,000“Common Stock”) and (ii) 1,338,728 shares of Preferred Stock without Stock, $0.00001 par valuevalue per share (“Preferred Stock”). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement

FOURTH. The total number of shares of stock of all classes of stock which the corporation shall have Corporation has authority to issue is Four Billion Twenty-Four Million (4,024,000,000)515,000,000 shares, consisting of Twenty Million (20,000,000) which 500,000,000 shares of Preferred Stock without par valueshall be common stock, Four Million (4,000,000) shares of Preference Stock without par value, and Four Billion (4,000,000,000) shares of Common Stock of the with a par value of $1-2/3 .0006 per share.share (“Common Stock”), and 15,000,000 shares shall be preferred stock, with a par value of $0.0006 per share (“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

Samples: Investment Agreement (Transmeridian Exploration Inc)

FOURTH. The total number of shares of all classes of stock which the corporation Corporation shall have authority to issue is Four Billion Twenty-Four Million (4,024,000,000i) 102,645,000 shares of Common Stock, $0.001 par value per share (“Common Stock”), consisting of Twenty Million and (20,000,000ii) 85,755,706 shares of Preferred Stock without Stock, $0.001 par valuevalue per share (“Preferred Stock”). The following is a statement of the designations and the powers, Four Million (4,000,000) shares of Preference Stock without par valueprivileges and rights, and Four Billion (4,000,000,000) shares the qualifications, limitations or restrictions thereof in respect of Common Stock each class of capital stock of the par value of $1-2/3 per shareCorporation.

Appears in 1 contract

Samples: Registration Rights Agreement (Vapotherm Inc)

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