Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of all classes of capital stock that the Corporation is authorized to issue is 211,000 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 200,000 shares, par value $0.01 per 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 that which the Corporation is authorized shall have authority to issue is 211,000 500,000,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of 475,000,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 .10 per share. The total number of share (the "Common Stock") and 25,000,000 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesStock, par value $0.01 .10 per share, shall be designated “Series I share (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 that which the Corporation is authorized shall have authority to issue is 211,000 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 shares160,000,000, of which 200,000 shares10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $0.01 .01 per share, shall be designated “Series I Preferred Stock.

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 that which the Corporation is authorized shall have authority to issue is 211,000 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 shares360,000,000, of which 200,000 shares, 350,000,000 shares shall be Common Stock of the par value of $0.01 .0001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.0001 per share, shall be designated “Series I Preferred Stock.

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 that which the Corporation is corporation shall be authorized to issue is 211,000 2,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of divided into 1,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 .01 per share. The total number of share (herein called "Common Stock"), and 1,000 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesStock, par value $0.01 .01 per share, shall be designated “Series I share (herein called "Preferred Stock").

Appears in 2 contracts

Sources: Merger Agreement (Northrop Grumman Corp /De/), Merger Agreement (Newport News Shipbuilding Inc)

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares300,000,000, consisting of two classes of stock designated as “Common Stock” and “which 10,000,000 shares shall be 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 .01 per share. The total number of , and 290,000,000 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesshall be Common Stock, par value $0.01 .01 per share, shall be designated “Series I Preferred Stock.

Appears in 2 contracts

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

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 that which the Corporation corporation is authorized to issue is 211,000 one hundred seventy million (170,000,000) 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 authorized is authorized to issue is 1,000 one hundred fifty million (150,000,000) shares, and the par value of each share is $0.01 per share0.001. The total number of shares of Preferred Stock that the Corporation authorized is authorized to issue is 210,000 twenty million (20,000,000) shares, of which 200,000 shares, and the par value of each share is $0.01 per share, shall be designated “Series I Preferred Stock0.001.

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 that which the Corporation is authorized shall have authority to issue is 211,000 shares510,000,000 of which 500,000,000 shares shall be Common Stock, consisting of two classes of stock designated as 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”, respectively). The total number designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of shares each class of Common Stock that capital stock of 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 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock.”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 that which the Corporation is authorized shall have the authority to issue is 211,000 sharesFifty million shares comprised of (i) Forty Five Million (45,000,000) shares of Common Stock, consisting of two classes of stock designated as $0.0001 par value per share (“Common Stock”), and (ii) Five Million (5,000,000) shares of Preferred Stock, $0.0001 par value per share (“Preferred Stock”, respectively). The total number following is a statement of shares the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of Common Stock that each class of capital stock of 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 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred StockCorporation.

Appears in 1 contract

Sources: Merger Agreement (Robcor Properties Inc)

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares275,000,000 shares of capital stock ("Capital Stock"), consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of 250,000,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 per share. The total number of share ("Common Stock"), and 25,000,000 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharespreferred stock, par value $0.01 per share, shall be designated “Series I share ("Preferred Stock").

Appears in 1 contract

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

FOURTH. The total number of shares of all classes of capital stock that the Corporation corporation is authorized to issue is 211,000 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 shares108,000,000, of which 200,000 shares(1) 8,000,000 shall be Preferred Stock ("Preferred Stock"), par value $0.01 per share, 6,250,000 of which shall be designated Series I 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. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares(i) 21,000,000 shares of Common Stock, consisting of two classes of stock designated as $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”, 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 200,000 shares, par value $0.01 per share, shall be 8,230,997 shares are hereby designated “Series I A Preferred Stock.”” and 2,247,192 shares are hereby designated “Series A-2

Appears in 1 contract

Sources: Warrant Agreement (Seres Therapeutics, Inc.)

FOURTH. The total number of shares of stock of all classes of capital stock that which the Corporation is authorized has authority to issue is 211,000 515,000,000 shares, consisting of two classes which 500,000,000 shares shall be common stock, with a par value of stock designated as $.0006 per share (“Common Stock”), and 15,000,000 shares shall be preferred stock, with a par value of $0.0006 per share (“Preferred Stock”, respectively). The total number designations and the powers, preferences and rights, and the qualifications, limitations or restrictions of the shares of Common Stock that the Corporation is authorized to issue is 1,000 shares, par value $0.01 per share. The total number each class of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock.”stock are as follows:

Appears in 1 contract

Sources: Investment Agreement (Transmeridian Exploration Inc)