Common use of Rank Clause in Contracts

Rank. The Series B 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, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 4 contracts

Samples: Rights Agreement (Clear Channel Outdoor Holdings, Inc.), Rights Agreement (HRG Group, Inc.), Section 382 Rights Agreement (Carvana Co.)

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Rank. The Series B 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 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 4 contracts

Samples: Rights Agreement (Kadant Inc), Rights Agreement (NMT Medical Inc), Rights Agreement (Open Market Inc)

Rank. The Series B 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 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 as to such matters.

Appears in 4 contracts

Samples: Rights Agreement (Thermo Electron Corp), Rights Agreement (Polymedica Corp), Rights Agreement (Thermo Electron Corp)

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

Appears in 3 contracts

Samples: Section 382 Rights Agreement (CNO Financial Group, Inc.), Rights Agreement (Kerr McGee Holdco Inc), Rights Agreement (American Homestar Corp)

Rank. The Series B Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding-upthe distribution of assets, junior to (i) all other series of the Preferred Stock, Stock unless the terms of any such series shall provide otherwise, otherwise and shall rank senior to (ii) the Common Stock as to such matters$5 Cumulative Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Texas Industries Inc), Rights Agreement (Texas Industries Inc), Rights Agreement (Texas Industries Inc)

Rank. The Series B 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 3 contracts

Samples: Section 382 Rights Agreement (Frontier Communications Corp), Section 382 Rights Agreement (Chesapeake Energy Corp), Section 382 Rights Agreement (Carvana Co.)

Rank. The Series B 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 any other class 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 3 contracts

Samples: Preferred Shares Rights Agreement (Corvel Corp), Rights Agreement (Corvel Corp), Rights Agreement (Corvel Corp)

Rank. The Series B 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 any other class of Preferred Stock, unless the terms of any such series shall Stock hereafter issued that specifically provide otherwise, and that they shall rank senior to the Common Stock as to such mattersSeries A Preferred Stock.

Appears in 3 contracts

Samples: Rights Agreement (Surmodics Inc), Rights Agreement (Health Risk Management Inc /Mn/), Rights Agreement (Northwest Teleproductions Inc)

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

Appears in 3 contracts

Samples: Rights Agreement (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines Corp)

Rank. The Series B 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 any other class 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 3 contracts

Samples: Rights Agreement (ProPetro Holding Corp.), Rights Agreement (Freds Inc), Stockholder Rights Agreement (Sandridge Energy Inc)

Rank. The Series B 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 any other class of the corporation’s Preferred Stock, unless the terms of any such series shall provide otherwise, Stock and shall rank senior to the Common Stock as to such matters.

Appears in 3 contracts

Samples: Rights Agreement (CAPSTONE TURBINE Corp), Rights Agreement (Active Power Inc), Rights Agreement (CAPSTONE TURBINE Corp)

Rank. The Series B Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and winding-or winding up, junior to the Series A Non-Voting Non-Convertible Preferred Stock and all other series of any other class of the Corporation’s Preferred Stock, unless except to the terms of extent that any such other series shall provide otherwise, and specifically provides that it shall rank senior on a parity with or junior to the Common Stock as to such mattersSeries B Preferred Stock.

Appears in 2 contracts

Samples: Rights Agreement (Biomarin Pharmaceutical Inc), Rights Agreement (Biomarin Pharmaceutical Inc)

Rank. The Series B D 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, whether designated or issued before or after the date of this Certificate of Designations, 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 (Rent a Center Inc De), Rights Agreement (Rent a Center Inc De)

Rank. The Series B 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 any other class 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 (Martin Industries Inc /De/), Rights Agreement (Meadowbrook Insurance Group Inc)

Rank. The Series B C 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 any other class of the Preferred StockStock issued either before or after the issuance of the Series C Preferred Stock (including, without limitation, the Series A Convertible Preferred Stock $.01 par value, of the Company established pursuant to the Certificate of Designation for Series A Convertible preferred Stock dated May 5, 1998), 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 (Hybridon Inc), Rights Agreement (Hybridon Inc)

Rank. The Series B L 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 any other class 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 (Arena Group Holdings, Inc.), Rights Agreement (theMaven, Inc.)

Rank. The Series B 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 any other class 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. 10.

Appears in 2 contracts

Samples: Rights Agreement Rights Agreement (Northern Trust Corp), Rights Agreement Rights Agreement (Northern Trust Corp)

Rank. The Series B 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 any other class 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: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp)

Rank. The Series B 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 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 (Grey Wolf Inc), Rights Agreement (Grey Wolf Inc)

Rank. The Series B A Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding-upthe distribution of assets, junior to (i) all other series of the Preferred Stock, 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 (Software Spectrum Inc), Rights Agreement (Software Spectrum Inc)

Rank. The Series B 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 or classes of the Corporation's Preferred Stock, unless whether issued before or after the terms issuance of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such mattersSeries B Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Sizzler International Inc)

Rank. The Series B 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, whether designated or issued before or after the date of this Certificate of Designations, 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 (Tesoro Corp /New/)

Rank. The Series B D 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 any other class of the Corporation's Preferred Stock, unless except to the terms of extent that any such other series shall provide otherwise, and specifically provides that it shall rank senior on a parity with or junior to the Common Stock as to such mattersSeries D Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Arv Assisted Living Inc)

Rank. The Series B 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 any other class of the Corporation's Preferred Stock, unless except to the terms of extent that any such other series shall provide otherwise, and specifically provides that it shall rank senior on a parity with or junior to the Common Stock as to such mattersSeries A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Amgen Inc)

Rank. The Series B 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 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: Rights Agreement (Be Free Inc)

Rank. The Series B 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 any other class of the Corporation's Preferred Stock, unless except to the terms of extent that any such other series shall provide otherwise, and specifically provides that it shall rank senior on a parity with or junior to the Common Stock as to such mattersSeries B Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Hyseq Inc)

Rank. The Series B 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 any other class of the Corporation's Preferred Stock, unless including, without limitation, the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such mattersCorporation's Class A Preferreed Stock.

Appears in 1 contract

Samples: Rights Agreement (Showbiz Pizza Time Inc)

Rank. The Series B 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 Preferred Stock or class 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 (Harvard Industries Inc)

Rank. The Series A Preferred Stock and the Series B 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 any other class of the Company’s Preferred Stock, unless the terms of any such series shall provide otherwise, Stock and shall rank senior pari passu to the Common Stock as to such matterseach other.

Appears in 1 contract

Samples: Rights Agreement (Zebra Technologies Corp/De)

Rank. The Series B 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 Preferred Stock, unless any other class of the terms of any such series shall Corporation's preferred stock hereafter issued that specifically provide otherwise, and that they shall rank senior to the Common Stock as to such mattersSeries A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Jostens Inc)

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Rank. The Series B 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 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: Rights Agreement (BJS Wholesale Club Inc)

Rank. The Series B 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 any other class of the Preferred Stock issued either before or after the issuance of the Series B Preferred Stock, including, without limitation, the Series A Convertible 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 (Transkaryotic Therapies Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Southwest Water Co)

Rank. The Series B Preferred Stock shall rank, be of equal rank with respect to the payment of dividends and upon liquidation, dissolution and 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 (LEE ENTERPRISES, Inc)

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

Appears in 1 contract

Samples: Tax Benefit Preservation Plan (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.)

Rank. The Series B Preferred Preference Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding-upthe distribution of assets, junior to all series of any class of the Corporation's Preferred Stock and Preferred Stock A, shall rank equally with all other series of Preferred the Corporation's Preference Stock, unless the terms of any such series shall provide otherwise, and shall rank senior superior to the Common Stock as to such mattersand any other class or series of junior stock.

Appears in 1 contract

Samples: Mdu Resources Group Inc

Rank. The Series B 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 C and winding-upthe Series A Preferred Stock, junior to all other series of Preferred Stock, unless the terms of any such series shall provide otherwise, Stock and shall rank senior to the all classes of Common Stock as to such mattersStock.

Appears in 1 contract

Samples: Rights Agreement (Neiman Marcus Group Inc)

Rank. The Series B 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 any other class of the Corporation's Preferred Stock, unless except to the terms of extent that any such other series shall provide otherwise, and specifically provides that it shall rank senior on a parity with or junior to the Common Stock as to such mattersSeries A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Amgen Inc)

Rank. The Series B Preferred Preference 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 any other class 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 1 contract

Samples: Rights Agreement (CepTor CORP)

Rank. The Series B Preferred Stock shall rank, with respect rank junior to all other series of the Corporation’s preferred stock as to the payment of dividends and upon liquidation, dissolution and winding-up, junior to all other series the distribution of Preferred Stockassets, 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 (Innovative Solutions & Support Inc)

Rank. The Series B A Preferred Stock shall will rank, with respect to the payment of dividends and upon liquidation, dissolution and winding-upthe distribution of assets, junior to all other series of any other class of Preferred Stock, unless the terms of any such series shall Stock hereafter issued that specifically provide otherwise, and shall that they will rank senior to the Common Stock as to such mattersSeries A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Waters Instruments Inc)

Rank. The Series B C Preferred Stock shall rank, with respect to the payment of dividends and upon liquidation, dissolution and winding-upthe distribution of assets, junior to (i) the Series A Preferred Stock and (ii) all other series of the Preferred Stock, 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 (Brigham Exploration Co)

Rank. The Series B 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 any other class 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 1 contract

Samples: Rights Agreement (Phillips Petroleum Co)

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

Appears in 1 contract

Samples: Rights Agreement (Bowne & Co Inc)

Rank. The Series B Preferred Stock shall rank, with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution and winding-upor winding up of the Company, junior to all other series of Preferred Stock (other than the Company’s Series A Junior Participating Preferred Stock, unless with respect to which the terms of any such series shall provide otherwise, and Series B Preferred Stock shall rank pari passu) and senior to the Common Stock as to such mattersStock.

Appears in 1 contract

Samples: Rights Agreement (Alpharma Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Cone Mills Corp)

Rank. The Series B Preferred Stock shall rank, 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, Stock and shall rank senior to the Common Stock as to such mattersStock.

Appears in 1 contract

Samples: Rights Agreement (Bowne & Co Inc)

Rank. The Series B 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 any other class of the Corporation's Preferred Stock, unless except to the terms of extent that any such other series shall provide otherwise, and specifically provides that it shall rank senior on a parity with or junior to the Common Stock as to such mattersSeries A Preferred Stock.

Appears in 1 contract

Samples: Rights Agreement (Resmed Inc)

Rank. The Series B 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 other series of any class of the Corporation's Preferred Stock, unless including without limitation the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.Corporation's $2.25

Appears in 1 contract

Samples: Rights Agreement (Seagull Energy Corp)

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