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 (Alamosa PCS Holdings 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 (Devon Delaware Corp), Rights Agreement (American Residential Services Inc), Rights Agreement (Kirby 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 as to such matters.

Appears in 25 contracts

Samples: Benefits Preservation Plan (XWELL, Inc.), Rights Agreement (Staffing 360 Solutions, Inc.), Rights Agreement (Silver Star Properties Reit, 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 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 (National Patent Development Corp), Rights Agreement (Safeguard Scientifics Inc Et Al)

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: Shareholder Rights Agreement (El Paso Natural Gas Co), 1999 Rights Agreement (Leggett & Platt 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: Renewed Rights Agreement (Bentley Pharmaceuticals Inc), Renewed Rights Agreement (Bentley Pharmaceuticals Inc), Rights Agreement (Motorcar Parts & Accessories 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 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 14 contracts

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

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 (Comstock Resources Inc), Rights Agreement (Comstock Resources Inc), Rights Agreement (Online Resources & Communications 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 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 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: Preferred Shares Rights Agreement (Connetics Corp), Rights Agreement (Goldfield Corp), Rights Agreement (Networks Associates 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 9 contracts

Samples: Preferred Shares Rights Agreement (Data Critical Corp), Rights Agreement (Symmetricom Inc), Rights Agreement (Chevron 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, 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 9 contracts

Samples: Stockholder Rights Agreement (Galera Therapeutics, Inc.), Rights Agreement (Veradigm Inc.), Rights Agreement (Veradigm 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 (Select Medical Corp), Rights Agreement (Cytyc Corp), Rights Agreement (Medarex 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 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: Qualified Offer Plan (Wilshire Enterprises Inc), Rights Agreement (QCR Holdings Inc), Rights Agreement (Selectica 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 (Fortress Investment Corp), Rights Agreement (Newcastle Investment Corp), Rights Agreement (Newcastle Investment 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 (Lendingtree Inc), Rights Agreement (Instinet Group LLC), Rights Agreement (Instinet Group 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 (Ball Corp), Rights Agreement (Ecolab Inc)

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

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 (Answerthink 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 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 (Peerless Systems 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. Section 10.

Appears in 5 contracts

Samples: Corporation and American (Medaphis Corp), Rights Agreement Rights Agreement (Cell Pathways Holdings Inc), Rights Agreement Rights Agreement (Cell Pathways 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 5 contracts

Samples: Rights Agreement (Mine Safety Appliances Co), Rights Agreement (Natural Microsystems Corp), Rights Agreement (Earthgrains Co /De/)

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 (Coast Distribution System 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 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 (RTW Inc /Mn/), Rights Agreement (Urologix 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 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 (Shorewood Packaging Corp), Rights Agreement (Green a P Industries Inc), Rights Agreement (Mercantile Bancorporation Inc)

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 (Sigma Designs Inc), Preferred Stock Rights Agreement (Intraware Inc), Preferred Stock Rights Agreement (Intraware 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 (Albertsons Inc /De/), Rights Agreement (Financial Services Acquisition Corp /De/), Rights Agreement (Hoenig Group 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, 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 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 (Wabash National Corp /De), Rights Agreement (Planar Systems Inc), Rights Agreement (Sunrise Senior Living 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 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 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 (Computer Motion Inc), Rights Agreement (Cortex Pharmaceuticals Inc/De/), Rights Agreement (Datum 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 (Graphic Packaging International Corp), Rights Agreement (Wild Oats Markets Inc), Rights Agreement (Eftc 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 4 contracts

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

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

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 (Arbitron Inc), Rights Agreement (Martek Biosciences 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, whether or not upon the dissolution, liquidation or winding up of the Corporation, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Wallace Computer Services Inc), Rights Agreement (Vesta Insurance Group Inc), Rights Agreement (True North Communications Inc)

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 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 (Wave Technologies International Inc), Rights Agreement (Graff Pay Per View Inc /De/), Rights Agreement (Wave Technologies International 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 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 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: Agreement and Plan of Merger (Critical Path Inc), Shareholders Agreement (General Atlantic LLC), Preferred Stock Rights Agreement (Infospace 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 Stock shall rank junior to all other series of the Corporation's Preferred Stock as to the payment of dividends and the distribution of assetsas regards liquidation, dissolution and winding up, unless the terms of any such series shall provide otherwise.

Appears in 3 contracts

Samples: Rights Agreement (Broadband Technologies Inc /De/), Rights Agreement (Broadband Technologies Inc /De/), Rights Agreement (Broadband Technologies Inc /De/)

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 (NBT Bancorp Inc), Rights Agreement (HMC Merger Corp), Rights Agreement (First Coastal 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 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: Shareholder Rights Agreement (Startec Global Communications Corp), Rights Agreement (Array Biopharma Inc), Rights Agreement (Informax 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 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 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)

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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 (Brunswick Corp), Rights Agreement (Casino 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 3 contracts

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

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

Ranking. The Series A Junior Participating Preferred B 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 (Capital Associates Inc), Rights Agreement (Napro Biotherapeutics Inc), Rights Agreement (Napro Biotherapeutics Inc)

Ranking. The Series A Junior C 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 (Butler National Corp), Rights Agreement (Butler National Corp), Rights Agreement (Butler National Corp)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock ’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 3 contracts

Samples: Rights Agreement (Commvault Systems Inc), Rights Agreement (Commvault Systems Inc), Rights Agreement (Ion Geophysical Corp)

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

Ranking. The Series A Junior Participating 1 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 (Waterlink Inc), Rights Agreement This Agreement (Waterlink Inc), Rights Agreement This Agreement (Waterlink 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)

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: Rights Agreement (Twin Disc Inc), Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (ABX 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 3 contracts

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

Ranking. The Units of Series A Junior Participating Preferred Stock and shares of Series A Preferred Stock shall rank 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 3 contracts

Samples: Rights Agreement (Darden Restaurants Inc), Rights Agreement (Pinnacle Entertainment Inc.), Rights Agreement (Pinnacle Entertainment 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 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 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 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 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 B 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 2 contracts

Samples: Preferred Stock Rights Agreement (Zymeworks Delaware Inc.), Preferred Stock Rights Agreement (Zymeworks Delaware Inc.)

Ranking. The Series A C 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; provided, that the Series A Junior Participating Preferred Stock and the Series B ESOP Convertible Preferred Stock shall rank senior to the Series C Junior Participating Preferred Stock as to the payment of dividends and the distribution of assets.

Appears in 2 contracts

Samples: Rights Agreement (J C Penney Co Inc), Rights Agreement (J C Penney Co 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 2 contracts

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

Ranking. The Class B Series A 2 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 2 contracts

Samples: Rights Agreement (Angelica Corp /New/), The Rights Agreement (Angelica Corp /New/)

Ranking. 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 assets, unless the terms of any such series shall provide otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Southtrust Corp), Rights Agreement (Southtrust 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 the Corporation's Preferred Stock Stock, if any, 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 (Taylor Ann Stores Corp), Rights Agreement (Taylor Ann Stores Corp)

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 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 (Baxalta Inc), Rights Agreement (American Apparel, 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 2 contracts

Samples: Rights Agreement (Culp Inc), Rights Agreement (Culp 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 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 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 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 B Junior Participating Preferred Preference Stock shall rank junior to all other series of the Corporation's Preferred Preference 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 (Honeywell Inc), Rights Agreement (Honeywell 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 otherwise.

Appears in 2 contracts

Samples: Rights Agreement (Jason Industries, Inc.), Rights Agreement (Jason Industries, Inc.)

Ranking. The Series A Junior Participating Preferred Stock shall rank junior to all other series of the Corporation's Preferred Stock of the Corporation but senior to each of the Class A Common Stock and Class B Common Stock of the Corporation as to the payment of dividends and the distribution of assetsupon liquidation, unless the terms Board of any Directors shall specifically determine otherwise in fixing the powers, preferences and relative, participating, optional and other special rights of the shares of such series shall provide otherwiseand the qualifications, limitations or restrictions thereof.

Appears in 2 contracts

Samples: Stockholder Rights Agreement (PJT Partners Inc.), Stockholder Rights Agreement (PJT Partners Inc.)

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