Common use of Rank Clause in Contracts

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all series of Preferred Stock.

Appears in 46 contracts

Samples: Rights Agreement (TXCO Resources Inc), Rights Agreement (Loral Space & Communications Inc.), Rights Agreement (Cygnus Inc /De/)

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Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding up, junior to all series of any other class of the Corporation's Preferred Stock, except to the extent that any such other series specifically provides that it shall rank on a parity with or junior to the Series A Preferred Stock.

Appears in 41 contracts

Samples: Rights Agreement (Ballantyne Strong, Inc.), Rights Agreement (Euronet Worldwide Inc), Rights Agreement (Interpore International /Ca/)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding up, junior to all series of any other class of the Corporation’s Preferred Stock, except to the extent that any such other series specifically provides that it shall rank on a parity with or junior to the Series A Preferred Stock.

Appears in 24 contracts

Samples: Rights Agreement (Compass Minerals International Inc), Rights Agreement (Allergan Inc), Rights Agreement (MRV Communications Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Corporation, junior to all series of any other class of the Preferred Stock issued either before or after the issuance of the Series A Preferred Stock, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock.

Appears in 15 contracts

Samples: Rights Agreement (Support.com, Inc.), Benefits Preservation Plan (Alaska Communications Systems Group Inc), Rights Agreement (Tabula Rasa HealthCare, Inc.)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding winding-up, junior to all other series of Preferred Stock, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 14 contracts

Samples: Rights Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Rights Agreement (Ashford Inc), Rights Agreement (Ashford Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding upthe distribution of assets, junior to all other series of the Preferred Stock.

Appears in 10 contracts

Samples: Rights Agreement (Teledyne Technologies Inc), Rights Agreement (Teledyne Technologies Inc), Rights Agreement (Water Pik Technologies Inc)

Rank. The Series A B Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Corporation, junior to all series of any other class of the Preferred Stock issued either before or after the issuance of the Series B Preferred Stock, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock.

Appears in 6 contracts

Samples: Benefits Preservation Plan (Emcore Corp), Benefits Preservation Plan (Immersion Corp), Benefits Preservation Plan (Immersion Corp)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Corporation, whether voluntary or involuntary, junior to all other series of the Corporation's Preferred Stock.

Appears in 5 contracts

Samples: Agreement (Candies Inc), Rights Agreement (Us Home & Garden Inc), Rights Agreement (Brightpoint Inc)

Rank. The Series A B Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the corporation, junior to all other series of Preferred Stock and senior to the Common Stock.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Oryx Energy Co), Agreement and Plan of Merger (Kerr McGee Corp), Rights Agreement (Kerr McGee Holdco Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Corporation, junior to all other series of Preferred Stock and senior to the Common Stock.

Appears in 5 contracts

Samples: Rights Agreement (Tronox Inc), Rights Agreement (Xerium Technologies Inc), Rights Agreement (Xerium Technologies Inc)

Rank. The Series A One Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Company, junior to all other series of Preferred Stock and senior to the Common Stock.

Appears in 4 contracts

Samples: Rights Agreement (Aronex Pharmaceuticals Inc), Rights Agreement (Zonagen Inc), Rights Agreement (Basic Energy Services Inc)

Rank. The Series A C Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Corporation, junior to all other series of Preferred Stock (unless the terms of any such series shall provide otherwise) and senior to the Common Stock.

Appears in 4 contracts

Samples: Investment Agreement (TPG Advisors Ii Inc), Investment Agreement (TPG Advisors Ii Inc), Investment Agreement (Magellan Health Services Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all other series of Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Cryo Cell International Inc), Rights Agreement (MEI Pharma, Inc.), Rights Agreement (Cryo Cell International Inc)

Rank. The Series A D Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Company, junior to all other series of Preferred StockStock and senior to the Common Shares.

Appears in 3 contracts

Samples: Rights Agreement (Northwest Airlines Corp), Rights Agreement (Northwest Airlines Corp), Rights Agreement (Newbridge Parent Corp)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all series of Preferred Stock, and shall rank senior to the Common Stock as to such matters.

Appears in 3 contracts

Samples: Rights Agreement (Bioclinica Inc), Stockholder Rights Agreement (Smith Micro Software Inc), Rights Agreement (Bioclinica Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding up, junior to all series of the Corporation's Preferred Stock, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 2 contracts

Samples: Rights Agreement (Microtest Inc), Rights Agreement (Burr Brown Corp)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution or winding up of the Company, pari passu with the Series B and winding upthe Series C Preferred Stock, junior to all other series of Preferred Stock and senior to all classes of Common Stock.

Appears in 2 contracts

Samples: Rights Agreement (Neiman Marcus Group Inc), Rights Agreement (Neiman Marcus Group Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding up, junior to all series of any other class of the Company’s Preferred Stock, except to the extent that any such other series specifically provides that it shall rank on a parity with or junior to the Series A Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Qep Resources, Inc.), Rights Agreement (Exact Sciences Corp)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Company, junior to all other classes or series of Preferred Stock and senior to the Common Stock.

Appears in 2 contracts

Samples: Rights Agreement (Wheeling Pittsburgh Corp /De/), Rights Agreement (Par Pharmaceutical Companies, Inc.)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Company, junior senior to all series of Preferred the Common Stock.

Appears in 2 contracts

Samples: Rights Agreement (Curtiss Wright Corp), Rights Agreement (U S Precious Metals Inc)

Rank. The Series A Preferred Stock shall rank, with respect to ---- the payment of dividends and upon liquidation, dissolution and winding up, junior to all series of Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Transwitch Corp /De), Rights Agreement (Avici Systems Inc)

Rank. The Series A Preferred Stock shall rank, with ---- respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all series of Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (KPMG Consulting Inc), Rights Agreement (Avici Systems Inc)

Rank. The Series A B Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all series of Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Transwitch Corp /De), Rights Agreement (Exigent International Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and winding up, junior to all series other classes of Preferred StockStock (and series thereof) of the Corporation, whether now or hereafter authorized.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Pma Capital Corp), Rights Agreement (Pma Capital Corp)

Rank. The Series A Preferred Stock shall rankshall, with respect to the payment of dividends dividend rights and upon rights on liquidation, dissolution winding up and winding updissolution, junior rank (a) prior to all any other series of Preferred Stock hereafter established by the Board of Directors, and (b) prior to the Common Stock.

Appears in 2 contracts

Samples: Joint Venture Agreement (Winwin Gaming Inc), Joint Venture Agreement (Winwin Gaming Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all series of Preferred Stock, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Seachange International Inc), Tax Benefits Preservation Plan (Seachange International Inc)

Rank. The Series A D Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all series of Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Digital Recorders Inc), Rights Agreement (Digital Recorders Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and winding up, junior to all series of Preferred Stock.or winding

Appears in 2 contracts

Samples: Rights Agreement (Malan Realty Investors Inc), Rights Agreement (Malan Realty Investors Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding upwinding‑up, junior to all other series of Preferred Stock, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Shares as to such matters.

Appears in 1 contract

Samples: Rights Agreement (Affinity Gaming)

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Rank. The Series A Preferred Stock shall rank, ---- with respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all series of Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Red Brick Systems Inc)

Rank. The Series A Preferred Stock shall rank, with respect to liquidation and the payment of dividends and upon liquidation, dissolution and winding upthe distribution of assets, junior to all series of any other class of the Corporation's Preferred Stock, except to the extent that any such other series specifically provides that it shall rank on a parity with or junior to the Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Quantum Direct Corp)

Rank. The Series A S Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding winding-up, junior to all other series of Preferred Stock, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 1 contract

Samples: Rights Agreement (Avis Budget Group, Inc.)

Rank. The Series A Preferred Stock shall rankshall, with respect to the payment of dividends dividends, redemption payments and rights upon liquidation, dissolution or winding up of the affairs of the Corporation rank (a) senior and winding up, junior prior to all series of Preferred Junior Stock and (b) Parity in all respects with all Parity Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gulfmark Offshore Inc)

Rank. The Series A Preferred Stock shall rank, with respect ---- to the payment of dividends and the distribution of assets, and upon liquidation, dissolution and winding up, junior to all series of any other class of the Corporation's Preferred Stock.

Appears in 1 contract

Samples: Preferred Share Purchase Rights Agreement (Meristar Hotels & Resorts Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all other series of Preferred Stock. The Series A Preferred Stock shall rank prior, as to dividends and upon liquidation, dissolution, or winding up, to the Common Stock.

Appears in 1 contract

Samples: Rights Agreement (Allied Gaming & Entertainment Inc.)

Rank. The Series A D Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding winding-up, junior to all other series of Preferred Stock, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 1 contract

Samples: Rights Agreement (Inseego Corp.)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidationthe distribution of assets, dissolution and winding upon liquidation or otherwise, junior to all series of any class of the Company's Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Ocean Energy Inc /Tx/)

Rank. The Series A Preferred Stock shall rank, with respect to ---- the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding up, junior to all series of any other class of the Company's Preferred Stock, except to the extent that any such other series specifically provides that it shall rank on a parity with or junior to the Series A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Assisted Living Concepts Inc)

Rank. The Series A F Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Company, junior to all other series of Preferred Stock and senior to the Common Stock.

Appears in 1 contract

Samples: Section 382 Rights Agreement (CNO Financial Group, Inc.)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Corporation, junior to all other series of Preferred preferred stock outstanding and senior to the Common Stock.

Appears in 1 contract

Samples: Shareholder Rights Agreement (PeopleSupport, Inc.)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and or winding upup of the Company, (1) junior to all other series of the Company’s Preferred Stock, unless the terms of any such series shall provide otherwise; and (2) senior to the Common Stock.

Appears in 1 contract

Samples: Rights Agreement (Aphton Corp)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all series of Preferred Stock.upon

Appears in 1 contract

Samples: Rights Agreement (Biopure Corp)

Rank. The Series A Preferred Stock shall rankshall, with respect to the payment of dividends dividend distributions and upon distributions on liquidation, dissolution winding up and winding updissolution, junior rank senior to all classes and series of Preferred Stockstock of the Corporation now or hereafter authorized, issued or outstanding (collectively, the “Junior Securities”).

Appears in 1 contract

Samples: Redemption Agreement (Stonington Partners Inc Ii)

Rank. The Series A Preferred Stock shall rank, with ---- respect to the payment of dividends and upon liquidation, dissolution and winding up, junior to all series Series of Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Qualix Group Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidationthe distribution of assets, dissolution and winding up, junior to all on a parity with any other series of Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Standard Motor Products Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding upwinding‑up, junior to all other series of Preferred Stock, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 1 contract

Samples: Section 382 Rights Agreement (Photronics Inc)

Rank. The Series A Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and dissolution, or winding upup of the Corporation, junior to all series of any other class of the Preferred Stock issued either before or after the issuance of the Series A Preferred Stock, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 1 contract

Samples: Preferred Stock (Ocean Power Technologies, Inc.)

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