Common use of Ranking Clause in Contracts

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 116 contracts

Samples: Rights Agreement (News Corp), Credit Agreement, Rights Agreement (Eagle Bulk Shipping Inc.)

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Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 85 contracts

Samples: Rights Agreement (Tempest Therapeutics, Inc.), Rights Agreement (Heliogen, Inc.), Rights Agreement (Asure Software Inc)

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

Appears in 85 contracts

Samples: Rights Agreement (Itex Corp), Rights Plan (Smith Electric Vehicles Corp.), Rights Agreement (Itex Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 56 contracts

Samples: Rights Agreement (Forgent Networks Inc), Rights Agreement (Forgent Networks Inc), Rights Agreement (Amresco Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 53 contracts

Samples: 382 Rights Agreement (GlassBridge Enterprises, Inc.), Preferred Stock Rights Agreement, Preferred Stock Rights Agreement (Vivus Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 39 contracts

Samples: Rights Agreement (Pride International Inc), Rights Agreement (Pride International Inc), Rights Agreement (Us Concrete Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 24 contracts

Samples: Rights Agreement (Dawson Geophysical Co), Tax Benefits Preservation Plan (Genesis Healthcare, Inc.), Rights Agreement (Insperity, Inc.)

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

Appears in 24 contracts

Samples: Rights Agreement (Staffing 360 Solutions, Inc.), Rights Agreement (Silver Star Properties Reit, Inc), Tax Benefits Preservation Plan (Tetra Technologies Inc)

Ranking. The Series A Junior Participating Preferred Stock Shares shall rank junior to all other series of the Corporation's Series Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 23 contracts

Samples: Rights Agreement (SPS Technologies Inc), Rights Agreement (Cotelligent Group Inc), Rights Agreement (Aqua America Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 20 contracts

Samples: Rights Agreement (Furniture Brands International Inc), Rights Agreement (Vistacare, Inc.), Rights Agreement (Scientific Atlanta Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 18 contracts

Samples: Rights Agreement, Rights Agreement (Real Industry, Inc.), Rights Agreement Amendment (ELAH Holdings, Inc.)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 18 contracts

Samples: Rights Agreement (Vari Lite International Inc), Rights Agreement (Motorcar Parts & Accessories Inc), Rights Agreement (National Wireless Holdings Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 16 contracts

Samples: Preferred Shares Rights Agreement, Tax Benefit Preservation Plan (Aviat Networks, Inc.), Preferred Shares Rights Agreement (China Biologic Products, Inc.)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock preferred stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 13 contracts

Samples: Stockholders Rights Agreement (OceanPal Inc.), Shareholders Rights Agreement (EuroDry Ltd.), Stockholders Rights Agreement (Diana Shipping Inc.)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 12 contracts

Samples: Rights Agreement (Consolidated Stores Corp /De/), Rights Agreement (Oceaneering International Inc), Stockholder Rights Agreement (Exegenics Inc)

Ranking. The Series A Junior B Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 10 contracts

Samples: Rights Agreement (Ross Systems Inc/Ca), Rights Agreement (Networks Associates Inc/), Rights Agreement (Agouron Pharmaceuticals Inc)

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

Appears in 10 contracts

Samples: Rights Agreement (Swift Energy Co), Rights Agreement (Swift Energy Co), Rights Agreement (Capital Senior Living Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior ------- to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 9 contracts

Samples: Rights Agreement (Symmetricom Inc), Preferred Shares Rights Agreement (Durect Corp), Rights Agreement (Incyte Pharmaceuticals Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, whether or not upon the dissolution, liquidation or winding up of the Corporation, unless the terms of any such series shall provide provides otherwise.

Appears in 8 contracts

Samples: Rights Agreement (Veradigm Inc.), Rights Agreement (Veradigm Inc.), Stockholder Rights Agreement (Purple Innovation, Inc.)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Company’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 8 contracts

Samples: Rights Agreement (RR Donnelley & Sons Co), Rights Agreement (Huttig Building Products Inc), Tax Benefits Preservation Plan (Acacia Research Corp)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 8 contracts

Samples: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (Triumph Group Inc)

Ranking. The Series A Junior Participating Preferred Stock ------- shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 8 contracts

Samples: Rights Agreement (Medarex Inc), Rights Agreement (Solitron Devices Inc), Stockholder Rights Agreement (Curagen Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwiseother wise.

Appears in 7 contracts

Samples: Rights Agreement (Integrated Defense Technologies Inc), Rights Agreement (Lendingtree Inc), Rights Agreement (Instinet Group LLC)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and as to the distribution of assetsassets upon liquidation, dissolution or winding up, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock as to such matters.

Appears in 7 contracts

Samples: Rights Agreement (QCR Holdings Inc), Rights Agreement (Selectica Inc), Qualified Offer Plan (Wilshire Enterprises Inc)

Ranking. (a) The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 7 contracts

Samples: Rights Agreement (Newcastle Investment Corp), Shareholder Rights Agreement (Versicor Inc /Ca), Shareholder Rights Agreement (Apex Mortgage Capital Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock which may be issued from time to time as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 7 contracts

Samples: Rights Agreement (Donaldson Co Inc), Rights Agreement (Ecolab Inc), Rights Agreement (Ball Corp)

Ranking. The Notwithstanding anything contained herein to the contrary, the Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to voting rights, the payment of dividends and the distribution of assetsassets in liquidation, unless the terms of any such series shall provide otherwise.

Appears in 6 contracts

Samples: Rights Agreement (Evergreen Energy Inc), Rights Agreement (On Assignment Inc), Rights Agreement (Double-Take Software, Inc.)

Ranking. The Series A Junior Participating Preferred ------- Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 6 contracts

Samples: Rights Agreement (Cambridge Technology Partners Massachusetts Inc), Rights Agreement (Cambridge Technology Partners Massachusetts Inc), Rights Agreement (Microsemi Corp)

Ranking. The Series A Junior Participating B Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 6 contracts

Samples: Rights Agreement (Hawker Pacific Aerospace), Rights Agreement (Callon Petroleum Co), Rights Agreement (Harvest Natural Resources Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock Stock, and to any other class of preferred stock that hereafter may be issued by the Corporation, as to the payment of dividends and the distribution of assets, unless the terms of any such series or class shall provide otherwise.

Appears in 6 contracts

Samples: Rights Agreement (Masimo Corp), Rights Agreement (Fluor Corp), Rights Agreement (Fox Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock preferred stock which may hereafter be authorized as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 5 contracts

Samples: Rights Agreement (Community First Bankshares Inc), Rights Agreement (Urologix Inc), Rights Agreement (CNS Inc /De/)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise. Section 10.

Appears in 5 contracts

Samples: Rights Agreement Rights Agreement (Cell Pathways Holdings Inc), Exhibit 1 (United States Filter Corp), Corporation and American (Medaphis Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise. The Series A Junior Participating Preferred Stock shall rank senior to the Corporation’s Common Stock.

Appears in 5 contracts

Samples: Rights Agreement (Cortex Pharmaceuticals Inc/De/), Rights Agreement (Collectors Universe Inc), Rights Agreement (Prolong International Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank ------- junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 5 contracts

Samples: Rights Agreement (Mine Safety Appliances Co), Rights Agreement (Earthgrains Co /De/), Rights Agreement (Innovasive Devices Inc)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 5 contracts

Samples: Rights Agreement (Green a P Industries Inc), Rights Agreement (Mercantile Bancorporation Inc), Rights Agreement (DHB Industries Inc)

Ranking. The Series A Junior Participating C Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 5 contracts

Samples: Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Rights Agreement (Hoenig Group Inc), Rights Agreement (Financial Services Acquisition Corp /De/), Rights Agreement (Albertsons Inc /De/)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Rights Agreement (Global Self Storage, Inc.), Rights Agreement (Global Self Storage, Inc.), Preferred Stock Rights Agreement (Silicon Valley Bancshares)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all ------- other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Rights Agreement (Cellstar Corp), Rights Agreement (Kent Electronics Corp), Rights Agreement (Cellstar Corp)

Ranking. The Series A A-1 Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Company’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc), Section 382 Rights Agreement (Reinsurance Group of America Inc), Section 382 Rights Agreement (Reinsurance Group of America Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Rights Agreement (Wild Oats Markets Inc), Rights Agreement (Eftc Corp/), Rights Agreement (Graphic Packaging International Corp)

Ranking. The Notwithstanding anything contained herein to the contrary, the Series A D Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to voting rights, the payment of dividends and the distribution of assetsassets in liquidation, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Rights Agreement (Sunrise Senior Living Inc), Rights Agreement (Wabash National Corp /De), Rights Agreement (Planar Systems Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock preferred stock (whether with or without par value) as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Rights Agreement (Pacific Gateway Exchange Inc), Rights Agreement (Abbott Laboratories), Rights Agreement (Abbott Laboratories)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise. The Series A Junior Participating Preferred Stock shall rank senior to the Corporation's Common Stock.

Appears in 4 contracts

Samples: Rights Agreement (Datum Inc), Rights Agreement (Cortex Pharmaceuticals Inc/De/), Rights Agreement (Cke Restaurants Inc)

Ranking. The Series A Junior Participating Non-Cumulative Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock and senior to the Common Stock, as to the payment of dividends and the distribution of assets, unless the terms of any such series other stock shall provide otherwise.

Appears in 4 contracts

Samples: Rights Agreement (U S Home Corp /De/), Rights Agreement (U S Home Corp /De/), Rights Agreement (U S Home Corp /De/)

Ranking. The Notwithstanding anything contained herein to the contrary, the Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to voting rights, the payment of dividends and the distribution of assetsassets in liquidation, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Rights Agreement (White Mountain Titanium Corp), Rights Agreement (Duratek Inc), Rights Agreement (Arbitron Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock (whether with or without par value) as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Rights Agreement (Mim Corp), Rights Agreement (Mim Corp), Rights Agreement (Mim Corp)

Ranking. The Series A Junior D Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 4 contracts

Samples: Preferred Stock Rights Agreement (Intraware Inc), Preferred Stock Rights Agreement (Sigma Designs Inc), Preferred Stock Rights Agreement (Intraware Inc)

Ranking. The Series A Junior D Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (Intraware Inc), Preferred Stock Rights Agreement, Preferred Stock Rights Agreement (Intraware Inc)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock Stock, and to any other class of preferred stock that hereafter may be issued by the Corporation, as to the payment of dividends and the distribution of assets, unless the terms of any such series or class shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Silverbow Resources, Inc.), Rights Agreement, Rights Agreement (Commercial Vehicle Group, Inc.)

Ranking. The Series A Junior Participating Preferred Preference Stock shall rank junior to all other series of the Corporation's Preferred Stock preference stock (whether with or without par value) as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Nicor Inc), Rights Agreement (Nicor Inc), Rights Agreement (Nicor Inc)

Ranking. The Notwithstanding anything contained herein to the contrary, the Series A 1999 Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assetsassets in liquidation, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of preferred stock of the Corporation's Preferred Stock as to Company unless the payment Board shall specifically determine otherwise in fixing the powers, preferences and relative, participating, optional and other special rights of dividends the shares of such series and the distribution of assetsqualifications, unless the terms of any such series shall provide otherwiselimitations and restrictions thereof.

Appears in 3 contracts

Samples: Section 382 Rights Agreement (Zoom Telephonics, Inc.), Section 382 Rights Agreement (Zoom Telephonics, Inc.), Section 382 Rights Agreement (Ariad Pharmaceuticals Inc)

Ranking. The Series A C Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock , as to the payment of dividends and as to the distribution of assetsassets upon liquidation, unless dissolution or winding up, unless, in the case of any other series of Preferred Stock, 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 (Scientific Games Corp), Rights Agreement (Scientific Games Corp), Rights Agreement (DHT Holdings, Inc.)

Ranking. The Notwithstanding anything contained herein to the ------- contrary, the Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to voting rights, the payment of dividends and the distribution of assetsassets in liquidation, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (HMC Merger Corp), Rights Agreement (First Coastal Corp), Rights Agreement (NBT Bancorp Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (ABX Holdings, Inc.), Rights Agreement (Twin Disc Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Tax Benefit Preservation Plan (Remark Media, Inc.), Tax Benefit Preservation Plan (Aetrium Inc), Tax Benefit Preservation Plan (Aetrium Inc)

Ranking. The Notwithstanding anything contained herein to the contrary, the Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to voting rights, the payment of dividends and the distribution of assetsassets in liquidation, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Array Biopharma Inc), Rights Agreement (Informax Inc), Shareholder Rights Agreement (Startec Global Communications Corp)

Ranking. The Series A Junior Participating Preferred Stock shall will rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall will provide otherwise, and will rank senior to the Common Stock as to such matters.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (Cue Health Inc.), Preferred Stock Rights Agreement (Forte Biosciences, Inc.), Preferred Stock Rights Agreement (Twitter, Inc.)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock preferred stock which may hereafter be authorized as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Premiumwear Inc), Rights Agreement (Hector Communications Corp), Rights Agreement (Arctic Cat Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporationsaid corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Stanley Works), Rights Agreement (Stanley Works), Rights Agreement (Stanley Works)

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Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Gartner Inc), Rights Agreement (Gartner Group Inc), Rights Agreement (Gartner Group Inc)

Ranking. The Series A Junior C Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Shareholders Agreement (General Atlantic LLC), Preferred Stock Rights Agreement (Infospace Inc), Agreement and Plan of Merger (Critical Path Inc)

Ranking. The Series A Junior Participating Preferred Stock Shares shall rank junior to all other series of the CorporationCompany's Preferred Stock Shares as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Sis Bancorp Inc), Rights Agreement (Stanley Works LTD), Rights Agreement (Stanley Works)

Ranking. The Series A RA Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Section 382 Rights Agreement (Onvia Inc), Section 382 Rights Agreement (Onvia Inc), Section 382 Rights Agreement (Onvia Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Wackenhut Corrections Corp), Rights Agreement (Esco Electronics Corp), Rights Agreement (HPSC Inc)

Ranking. The Series A Junior Participating Preferred Stock shall ------- rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Myriad Genetics Inc), Rights Agreement (Orchid Biosciences Inc), Rights Agreement (Prudential Financial Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock Company’s preferred stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Investment Agreement (First Marblehead Corp), Stockholders Rights Agreement (Navios Maritime Holdings Inc.), Stockholders Rights Agreement (Navios Maritime Holdings Inc.)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, 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 (Graff Pay Per View Inc /De/), Rights Agreement (Wave Technologies International Inc), Rights Agreement (Wave Technologies International Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank (a) junior to all other series of the Corporation's Preferred Stock (other than the Series B Preferred Stock) as to the payment of dividends and as to the distribution of assetsassets upon liquidation, dissolution or winding up, unless the terms of any such series shall provide otherwise, (b) pari passu with the Series B Preferred Stock as to such matters and (c) senior to the Class A Common Stock and the Class B Common stock as to such matters.

Appears in 3 contracts

Samples: Rights Agreement (Hubbell Inc), Rights Agreement (Hubbell Inc), Rights Agreement (Hubbell Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's corporation’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Icu Medical Inc/De), Rights Agreement (Icu Medical Inc/De), Rights Agreement (Icu Medical Inc/De)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock preferred stock (whether with or without par value) as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Brunswick Corp), Rights Agreement (Casino America Inc), Rights Agreement (Brunswick Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock (whether with or without par value) as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Jp Realty Inc), Rights Agreement (Jp Realty Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and as to the distribution of assetsassets upon liquidation, dissolution or winding up, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock, par value $.001 per share, of the Corporation (the “Common Stock”) as to such matters.

Appears in 2 contracts

Samples: Rights Agreement (Volcano CORP), Rights Agreement (Volcano CORP)

Ranking. The Units of Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Onyx Acceptance Corp), Rights Agreement (Onyx Acceptance Corp)

Ranking. The Series A C Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock as to the payment of dividends and the 6 distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Amerco /Nv/), Rights Agreement (Amerco /Nv/)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of Preferred Stock (other than any such series of Preferred Stock the Corporation's Preferred terms of which shall provide otherwise) in respect to dividend and liquidation rights and shall rank senior to the Common Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwisematters.

Appears in 2 contracts

Samples: Rights Agreement (Reliant Resources Inc), Rights Agreement (Reliant Resources Inc)

Ranking. The Series A Junior Participating Preferred Stock Stock, Series A shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Navistar International Corp), Rights Agreement (Navistar International Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock which may be hereafter issued and on a parity with the Common Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series of the Corporation's Preferred Stock shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Peoples Choice Tv Corp), Rights Agreement (Peoples Choice Tv Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assetsassets upon liquidation, dissolution, winding up or otherwise, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Marcam Solutions Inc), Rights Agreement (Marcam Solutions Inc)

Ranking. The Series A Junior Participating Preferred ------- Stock shall rank junior to all other series of the Corporationcorporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Hawaiian Electric Industries Inc), Rights Agreement (Marriott International Inc /Md/)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to any and all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (American Apparel, Inc), Rights Agreement (American Apparel, Inc)

Ranking. The Series A B Junior Participating Preferred Stock shall rank (a) junior to all other series of the Corporation's Preferred Stock (other than the Series A Preferred Stock) as to the payment of dividends and as to the distribution of assetsassets upon liquidation, dissolution or winding up, unless the terms of any such series shall provide otherwise, (b) pari passu with the Series A Preferred Stock as to such matters and (c) senior to the Class A Common Stock and the Class B Common stock as to such matters.

Appears in 2 contracts

Samples: Rights Agreement (Hubbell Inc), Rights Agreement (Hubbell Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock preferred stock (whether with or without par value) as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Omega Healthcare Investors Inc), Rights Agreement (Omega Healthcare Investors Inc)

Ranking. The Series A Junior B Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Woodward, Inc.), Tax Benefit Preservation Plan (Digirad Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and as to the distribution of assetsassets upon liquidation, dissolution or winding up, unless the terms of any such series shall provide otherwise, and shall rank senior to the Common Stock and Class A Stock as to such matters.

Appears in 2 contracts

Samples: Rights Agreement (Claires Stores Inc), Rights Agreement (Claires Stores Inc)

Ranking. The Units of Series A Junior Participating Preferred Stock and shares of Series A Junior Participating Preferred Stock shall rank pari passu with the Series B Junior Participating Preferred Stock and junior to all other series of the Corporation's Preferred Stock and to any other class of Preferred Stock that hereafter may be issued by the Corporation as to the payment of dividends and the distribution of assets, unless the terms of any such series or class shall provide otherwise.

Appears in 2 contracts

Samples: Purchase Preferred Stock, ICO Global Communications (Holdings) LTD

Ranking. The Series A C Junior Participating Preferred Stock shall rank junior to all other series of preferred stock of the Corporation's Preferred Stock as to Company unless the payment Board shall specifically determine otherwise in fixing the powers, preferences and relative, participating, optional and other special rights of dividends the shares of such series and the distribution of assetsqualifications, unless the terms of any such series shall provide otherwiselimitations and restrictions thereof.

Appears in 2 contracts

Samples: Rights Agreement (Vringo Inc), Rights Agreement (Vringo Inc)

Ranking. The Series A I Junior Participating Preferred Stock shall rank junior to all other series of the CorporationCompany's Preferred Stock preferred stock as to the payment of dividends and dividends, the distribution of assetsassets and, to the extent the Series I Junior Participating Preferred Stock and any such other series may have voting rights, in voting rights, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Maverick Tube Corporation), Shareholder Rights Agreement (Maverick Tube Corporation)

Ranking. The Series Class A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Martin Marietta Materials Inc), Rights Agreement (Olympic Financial LTD)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's ’s Preferred Stock as to the payment of dividends and the distribution of assets, 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 (iHeartMedia, Inc.), Rights Agreement (Depomed Inc)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to distribution rights and rights upon liquidation, dissolution or winding up of the payment of dividends and the distribution of assetscorporation, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Frontline Capital Group), Rights Agreement (Frontline Capital Group)

Ranking. The Series A B Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and as to the distribution of assetsassets upon liquidation, dissolution or winding up, 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: Benefits Preservation Plan (CarParts.com, Inc.), Benefits Preservation Plan (CarParts.com, Inc.)

Ranking. The Series A __ Junior Participating Cumulative Preferred Stock shall rank junior to all other series of the Corporation's Company’s Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Protection Rights Agreement (Post Holdings, Inc.), Protection Rights Agreement (Post Holdings, Inc.)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporationcorporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Ciphergen Biosystems Inc), Preferred Shares Rights Agreement (Scansoft Inc)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other classes and series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Cabot Microelectronics Corp), Rights Agreement (Cabot Microelectronics Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwiseotherwise or as otherwise may be required by applicable law.

Appears in 2 contracts

Samples: Applied Microsystems Corp /Wa/, Realnetworks Inc

Ranking. The Series A A-1 Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Company’s Preferred Stock as to the payment of dividends and the distribution of assets, whether or not upon the dissolution, liquidation or winding up of the Corporation, unless the terms of any such series shall provide provides otherwise.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.), Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.)

Ranking. The Series A Junior Participating Cumulative Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock ’s preferred stock as to the payment of dividends and the distribution of assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Harsco Corp), Rights Agreement (Harsco Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assets, 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 (Culp Inc), Rights Agreement (Culp Inc)

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