Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is [●] shares of Common Stock, par value $[●] per share.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (Nexstar Media Group, Inc.), Agreement and Plan of Merger (Tribune Media Co)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is [●] 1,000 shares of Common Stock, $0.001 par value $[●] per share.. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of the State of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 2 contracts

Sources: Merger Agreement (Cornerstone BioPharma Holdings, Inc.), Merger Agreement (Critical Therapeutics Inc)

FOURTH. The total number of shares of stock which that the Corporation shall have authority to issue is [●] 1,000 shares of Common Stock, par value $[●] .01 per share.. FIFTH: The following provisions are inserted for the management of the business and for the conduct of the affairs of the Corporation and for the purpose of creating, defining, limiting and regulating the powers of the Corporation and its directors and stockholders:

Appears in 2 contracts

Sources: Merger Agreement (Amazon Com Inc), Merger Agreement (Audible Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is [●] 1,000 shares of Common Stock, each having a par value of $[●] per share.0.001. FIFTH: The following provisions are inserted for the management of the business and the conduct of the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholders:

Appears in 2 contracts

Sources: Merger Agreement (Crinetics Pharmaceuticals, Inc.), Merger Agreement (Alpine Immune Sciences, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority corporation is authorized to issue is [●] 200,000,000 shares of Common Stockcommon stock, having a par value of $[●] .01 per share. FIFTH: The business and affairs of the corporation shall be managed by or under the direction of the board of directors, and the directors need not be elected by ballot unless required by the by-laws of the corporation.

Appears in 2 contracts

Sources: Merger Agreement (Gold Kist Inc.), Merger Agreement (Gold Kist Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is [●] one thousand shares of Common Stock, $0.001 par value $[●] per share.. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 2 contracts

Sources: Merger Agreement (Millennium Pharmaceuticals Inc), Merger Agreement (Millennium Pharmaceuticals Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority corporation is authorized to issue is [●] shares of Common Stockcommon stock, having a par value of $[●] .01 per share. FIFTH: The business and affairs of the corporation shall be managed by or under the direction of the board of directors, and the directors need not be elected by ballot unless required by the by-laws of the corporation.

Appears in 1 contract

Sources: Merger Agreement (Moscow Cablecom Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is [●] 1,000 shares of Common Stock, having a par value of $[●] 0.001 per share.. FIFTH: The following provisions are inserted for the management of the business and the conduct of the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholders:

Appears in 1 contract

Sources: Merger Agreement (Dts, Inc.)

FOURTH. The total number of shares of capital stock which that the Corporation shall have has the authority to issue is [●] shall be 1,000 shares of Common Stockcommon stock, par value $[●] 0.001 per share.. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided that:

Appears in 1 contract

Sources: Agreement and Plan of Merger (Rubios Restaurants Inc)

FOURTH. The total number of shares of capital stock which that the Corporation shall have authority to issue is [●] 1,000 shares of Common Stockcommon stock, par value of $[●] 0.01 per share.. FIFTH: The following provisions are inserted for the management of the business and the conduct of the affairs of the Corporation and for the purpose of creating, defining and regulating the powers of the Corporation and its directors and stockholders:

Appears in 1 contract

Sources: Merger Agreement (HUGHES Telematics, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is [●] one thousand shares of Common Stock, par value $[●] 0.001 per share.. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote thereon, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 1 contract

Sources: Merger Agreement (Trimeris Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is [●] one thousand (1,000), consisting of one thousand (1,000) shares of Common Stockcommon stock, $0.01 par value $[●] per share. FIFTH: The business and affairs of the Corporation shall be managed by and under the direction of the Board of Directors. The exact number of directors of the Corporation shall be fixed by or in the manner provided in the Bylaws of the Corporation (the “Bylaws”).

Appears in 1 contract

Sources: Merger Agreement (American Commercial Lines Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have the authority to issue is [●] 1,400,000,000 shares of Common Stockcommon stock, par value $[●] 0.001 per share.share (the “Common Stock”). FIFTH: The rights, preferences, privileges and restrictions granted or imposed upon the Common Stock are as follows:

Appears in 1 contract

Sources: Merger Agreement (Calpine Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is [●] ten thousand (10,000) shares of Common Stock, par value $[●] 0.01 per share.share FIFTH: The following provisions are inserted for the management of the business and for the conduct of the affairs of the Corporation and for the purpose of creating, defining, limiting and regulating the powers of the Corporation and its directors and stockholders:

Appears in 1 contract

Sources: Merger Agreement (Pactiv Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is [●] 1,000 shares of Common Stock, each having a par value of $[●] 0.0001 per share.. FIFTH: The following provisions are inserted for the management of the business and the conduct of the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholders:

Appears in 1 contract

Sources: Merger Agreement (Panera Bread Co)

FOURTH. The total number of shares of stock which the Corporation shall have authority is authorized to issue is [●] 1,000 shares of Common Stockcommon stock, having a par value of $[●] 0.001 per share. FIFTH: The business and affairs of the Corporation shall be managed by or under the direction of the board of directors, and the directors need not be elected by ballot unless required by the bylaws of the Corporation (the “Bylaws”).

Appears in 1 contract

Sources: Merger Agreement (Y-mAbs Therapeutics, Inc.)