Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000, of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 per share.

Appears in 2 contracts

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

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000360,000,000, of which 350,000,000 shares shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a Stock of the par value of $.01 .0001 per share.

Appears in 2 contracts

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

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have authority is authorized to issue is 160,000,000211,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of shares of Common Stock that the Corporation is authorized to issue is 1,000 shares, par value $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 10,000,000 shares 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 per share.”

Appears in 2 contracts

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

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000300,000,000, of which 10,000,000 shares shall be Preferred Stock, par value $.01 per share, and 150,000,000 290,000,000 shares shall be Common Stock, all with a par value of $.01 per 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 all classes of capital stock which the Corporation shall have authority to issue is 160,000,000500,000,000 shares, consisting of which 10,000,000 475,000,000 shares shall be of Common Stock, par value $.10 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 .10 per shareshare (the "Preferred Stock").

Appears in 2 contracts

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

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,0001,100,000,000, consisting of: (x) 1,000,000,000 shares of which 10,000,000 Common Stock, par value $0.01 per share (the “Common Stock”), issuable in two classes as hereinafter provided, and (y) 100,000,000 shares shall be of Preferred Stock, and 150,000,000 shares par value $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 Common Stock, all with a par value of $.01 per share.issuable in classes as follows:

Appears in 1 contract

Sources: Investment Agreement (Jackson Financial Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000Fifty Million (50,000,000) shares of capital stock, consisting of which 10,000,000 Forty-Five Million (45,000,000) shares shall be Preferred Stock, and 150,000,000 shares shall be of Common Stock, all with each having a par value of $.01 0.001 per share, and Five Million (5,000,000) shares of Preferred Stock, each having a par value of $0.001 per share, of which One Million Sixty Thousand (1,060,000) shares shall be designated Series A Convertible Preferred Stock (the "Series A Preferred").

Appears in 1 contract

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

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000, of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all Stock with a par value of $.01 .0001 per shareshare (the "Common Stock") and 1,000,000 shares shall be Preferred Stock with a par value of $.0001 per share (the "Preferred Stock").

Appears in 1 contract

Sources: Merger Agreement (Prospect Acquisition Corp)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000, 600,000,000 of which 10,000,000 500,000,000 shares shall be Common Stock of the par value of $0.0001 per share and 100,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a Stock of the par value of $.01 0.0001 per share.

Appears in 1 contract

Sources: Business Combination Agreement (Leo Holdings Corp.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000, 510,000,000 of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 500,000,000 shares shall be Common Stock, all with a par value $0.0001 per share (the “Common Stock”), and 10,000,000 shares shall be Preferred Stock par value $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 $.01 per share.each class of capital stock of the Corporation are as follows:

Appears in 1 contract

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

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have authority corporation is authorized to issue is 160,000,000108,000,000, of which 10,000,000 shares (1) 8,000,000 shall be Preferred Stock ("Preferred Stock"), 6,250,000 of which shall be designated Series A Convertible Participating Preferred Stock ("Series A Preferred Stock") and 150,000,000 shares (2) 100,000,000 shall be Common Stock ("Common Stock, all with "). 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. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000forty million (40,000,000) shares of capital stock, consisting of which 10,000,000 (i) thirty five million (35,000,000) shares shall be of common stock, par value $0.00001 per share, and (ii) five million (5,000,000) shares of preferred stock, par value $0.00001 per share (the “Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 per share”).

Appears in 1 contract

Sources: Merger Agreement (Cepton, Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000275,000,000 shares of capital stock ("Capital Stock"), consisting of which 10,000,000 250,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be of Common Stock, all with a par value $0.01 per share ("Common Stock"), and 25,000,000 shares of preferred stock, par value $.01 0.01 per shareshare ("Preferred Stock").

Appears in 1 contract

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

FOURTH. 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 capital stock which the Corporation shall have authority corporation is authorized to issue is 160,000,000, one hundred seventy million (170,000,000) shares. The number of which 10,000,000 shares shall be Preferred Stockof Common Stock authorized is one hundred fifty million (150,000,000) shares, and 150,000,000 shares shall be Common Stock, all with a the par value of each share is $.01 per share0.001. The number of shares of Preferred Stock authorized is twenty million (20,000,000) shares, and the par value of each share is $0.001.

Appears in 1 contract

Sources: Series a Convertible Preferred Shares Purchase Agreement (China BCT Pharmacy Group, Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000(i) 21,000,000 shares of Common Stock, $0.001 par value per share (“Common Stock”), and (ii) 10,478,189 shares of Preferred Stock, $0.001 par value per share (“Preferred Stock”), of which 10,000,000 8,230,997 shares shall be are hereby designated “Series A Preferred Stock, ” and 150,000,000 2,247,192 shares shall be Common Stock, all with a par value of $.01 per share.are hereby designated “Series A-2

Appears in 1 contract

Sources: Warrant Agreement (Seres Therapeutics, Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,0001,100,000,000 consisting of (x) 1,000,000,000 shares of Common Stock, par value $0.01 per share, and (y) 100,000,000 shares of Preferred Stock, par value $0.01, of which 10,000,000 1,725,000 shares shall be are designated as 5.250% Mandatory Convertible Preferred Stock, Series A-1 (the “Series A-1 Preferred Stock”), and 150,000,000 shares shall be Common Stock, all with a par value the remainder of $.01 per sharewhich are issuable in one or more series as hereinafter provided.

Appears in 1 contract

Sources: Merger Agreement (Envision Healthcare Holdings, Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 160,000,000, 36,000,000 of which 10,000,000 35,000,000 shares shall be Common Stock of the par value of $0.001 per share, and 1,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a Stock of the par value of $.01 0.001 per share.

Appears in 1 contract

Sources: Merger Agreement (Healthcare Acquisition Corp)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 160,000,000Fifty million shares comprised of (i) Forty Five Million (45,000,000) shares of Common Stock, $0.0001 par value per share (“Common Stock”), and (ii) Five Million (5,000,000) shares of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a $0.0001 par value per share (“Preferred Stock”). The following is a statement of $.01 per sharethe 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)