Common use of Reacquired Shares Clause in Contracts

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 194 contracts

Samples: Rights Agreement (Terran Orbital Corp), Rights Agreement (Terran Orbital Corp), Rights Agreement (Rayonier Advanced Materials Inc.)

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Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 69 contracts

Samples: Rights Agreement (Ballantyne Strong, Inc.), Rights Agreement (Euronet Worldwide Inc), Rights Agreement (Compass Minerals International Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 59 contracts

Samples: Stockholder Rights Agreement (First Real Estate Investment Trust of New Jersey), Tax Benefits Preservation Plan (Ascena Retail Group, Inc.), Rights Agreement (Commvault Systems Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 57 contracts

Samples: Rights Agreement (Inspired Entertainment, Inc.), Subscription Agreement (Sillerman Robert F X), Rights Agreement (Mediabistro Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Restated Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 26 contracts

Samples: Rights Agreement (Sight Resource Corp), Rights Agreement (Biopure Corp), Rights Agreement (Clarify Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 20 contracts

Samples: Rights Agreement (National Instruments Corp), Rights Agreement (Wesco International Inc), Rights Agreement (Forest Laboratories Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 19 contracts

Samples: Rights Agreement (El Pollo Loco Holdings, Inc.), Rights Agreement (Sylvamo Corp), Section 382 Rights Agreement (Team Inc)

Reacquired Shares. Any shares of Series A Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 17 contracts

Samples: Rights Agreement (Providian Bancorp Inc), Rights Agreement (Open Market Inc), Rights Agreement (Newmont Mining Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 16 contracts

Samples: Rights Agreement (Eagle Bulk Shipping Inc.), Rights Agreement (Eagle Bulk Shipping Inc.), Rights Agreement (Cepheid)

Reacquired Shares. Any shares of Series A Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock without designation as to series and may be reissued as part of a new series of Preferred Stock subject to be created by resolution or resolutions of the conditions and restrictions on issuance set forth herein, in Board of Directors as permitted by the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock Incorporation or as otherwise required by lawpermitted under Delaware Law.

Appears in 15 contracts

Samples: Rights Agreement (Bnccorp Inc), Rights Agreement (Conrad Industries Inc), Rights Agreement (Horizon Offshore Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Charter or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 15 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 14 contracts

Samples: Rights Agreement (ASTROTECH Corp), Rights Agreement (Resolute Energy Corp), Rights Agreement (ASTROTECH Corp)

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 14 contracts

Samples: Section 382 Rights Agreement (Schmitt Industries Inc), Rights Agreement (Endeavor Ip, Inc.), Section 382 Rights Agreement (Special Diversified Opportunities Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate certificate of Incorporationincorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 12 contracts

Samples: Rights Agreement (Crossroads Systems Inc), Rights Agreement (Sco Group Inc), Rights Agreement (Valueclick Inc/Ca)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 11 contracts

Samples: Rights Agreement (Intuit Inc), Rights Agreement (Flow International Corp), Rights Agreement (Grey Wolf Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 11 contracts

Samples: Rights Agreement (Lenox Group Inc), Rights Agreement (Clark/Bardes Holdings Inc), Rights Agreement (Genvec Inc)

Reacquired Shares. Any shares of Series A Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock without designation as to series and may be reissued as part of a new series of Preferred Stock subject to be created by resolution or resolutions of the conditions and restrictions on issuance set forth herein, in Board of Directors as permitted by the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock Incorporation or as otherwise required by lawpermitted under Delaware Law.

Appears in 11 contracts

Samples: Rights Agreement (Murphy Oil Corp /De), Rights Agreement (Netro Corp), Rights Agreement (Murphy Oil Corp /De)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 11 contracts

Samples: Stockholder Rights Agreement (Magenta Therapeutics, Inc.), Stockholder Rights Agreement (Sensei Biotherapeutics, Inc.), Stockholder Rights Agreement (Biofrontera Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock preferred stock or any similar stock or as otherwise required by law.

Appears in 9 contracts

Samples: Rights Agreement (Hickory Tech Corp), Rights Plan Agreement (Medgenesis Inc), Rights Agreement (Chronimed Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 9 contracts

Samples: Rights Agreement (Dollar Thrifty Automotive Group Inc), Rights Agreement (Dollar Thrifty Automotive Group Inc), Rights Agreement (Sterling Software Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations Amendment to the Articles of Incorporation or Certificate of Determination creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 9 contracts

Samples: Rights Agreement (Bank of Marin Bancorp), Rights Agreement (Bank of Marin Bancorp), Rights Agreement (Heritage Commerce Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 8 contracts

Samples: Rights Agreement (MRV Communications Inc), Rights Agreement (Allergan Inc), Iron Mountain Incorporated (Iron Mountain Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations resolutions creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 8 contracts

Samples: Shareholder Rights Agreement (Univest Corp of Pennsylvania), Rights Agreement (Sovereign Bancorp Inc), Rights Agreement (Old Guard Group Inc)

Reacquired Shares. Any shares of Series A Preferred Preference Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Preference Stock and may be reissued as part of a new series of Preferred Preference Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Preference Stock or any similar stock or as otherwise required by law.

Appears in 8 contracts

Samples: Rights Agreement (Vulcan Materials CO), Rights Agreement (Southern New England Telecommunications Corp), Rights Agreement (Lone Star Steakhouse & Saloon Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 7 contracts

Samples: Rights Agreement (GTJ REIT, Inc.), Rights Agreement (Diamondcluster International Inc), Rights Agreement (GTJ REIT, Inc.)

Reacquired Shares. Any shares of Series A E Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 7 contracts

Samples: Rights Agreement (Medifast Inc), Rights Agreement (Cosi Inc), Rights Agreement (Osteotech Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 7 contracts

Samples: Section 382 Rights Agreement (Carvana Co.), Section 382 Rights Agreement (Carvana Co.), Rights Agreement (LEE ENTERPRISES, Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Incorporation or in any other Certificate of Designations creating a series of Preferred Stock By-laws or any similar stock or as otherwise required by law.

Appears in 6 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock Stock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Charter or in any other Certificate of Designations articles supplementary creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Shareholder Rights Agreement (Mack Cali Realty Corp), Shareholder Rights Agreement (Philips International Realty Corp), Shareholder Rights Agreement (Mack Cali Realty L P)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may thereafter be reissued issued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock of the Corporation or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Tri Valley Corp), Rights Agreement (Tri Valley Corp), Agreement (Cavalier Homes Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations Determination creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Cisco Systems Inc), Rights Agreement (Greater Bay Bancorp), Rights Agreement (Cisco Systems Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Restated Certificate of Incorporation, or in including any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Expressjet Holdings Inc), Rights Agreement (Continental Airlines Inc /De/), Rights Agreement (Expressjet Holdings Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, Incorporation of the Corporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (AN2 Therapeutics, Inc.), Rights Agreement (Kaltura Inc), Rights Agreement (Spok Holdings, Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Ultimate Software Group Inc), Rights Agreement (Crane Co /De/), Rights Agreement (Ultimate Software Group Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment or Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Towerstream Corp), Rights Agreement (Iris International Inc), Rights Agreement (Tag It Pacific Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (SWK Holdings Corp), Rights Agreement (SWK Holdings Corp), Rights Agreement (SWK Holdings Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Design Within Reach Inc), Rights Agreement (Renovis Inc), Rights Agreement (Anteon International Corp)

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Brigham Exploration Co), Rights Agreement (Hybridon Inc), Rights Agreement (Arv Assisted Living Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but and unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Comscore, Inc.), Rights Agreement (Kaiser Aluminum Corp), Section 382 Rights Agreement (Howard Hughes Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 6 contracts

Samples: Rights Agreement (Movie Gallery Inc), Rights Agreement (United Natural Foods Inc), Rights Agreement (Nucor Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of IncorporationIncorporation of the Company, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Panchos Mexican Buffet Inc /De), Rights Agreement Agreement (Vivid Technologies Inc), Rights Agreement (Heartport Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Tengasco Inc), Rights Agreement (Vaalco Energy Inc /De/), Rights Agreement

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate articles of Designations amendment to this Charter creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Cracker Barrel Old Country Store, Inc), Rights Agreement (Cracker Barrel Old Country Store, Inc), Cracker Barrel Old (Cracker Barrel Old Country Store, Inc)

Reacquired Shares. Any shares of Series A E Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationCharter, or in any other Certificate of Designations Articles Supplementary creating a series of Preferred Stock (or any similar stock stock) or as otherwise required by law.

Appears in 5 contracts

Samples: Tax Benefits Preservation Plan (Drive Shack Inc.), Tax Benefits Preservation Plan (Drive Shack Inc.), Tax Benefits Preservation Plan (Drive Shack Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Rudolph Technologies Inc), Rights Agreement (Foamex International Inc), Rights Agreement (Huttig Building Products Inc)

Reacquired Shares. Any shares of Series A Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock without designation as to series and may be reissued as part of a new series of Preferred Stock subject to be created by the conditions and restrictions on issuance set forth herein, in Board of Directors as permitted by the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock Incorporation or as otherwise required by lawpermitted under Delaware Law.

Appears in 5 contracts

Samples: Rights Agreement (IHS Inc.), Rights Agreement (Aventine Renewable Energy Holdings Inc), Rights Agreement (Callidus Software Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Chrysalis International Corp), Rights Agreement (Gliatech Inc), Rights Agreement (Harman International Industries Inc /De/)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock preferred stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (C H Robinson Worldwide Inc), Rights Agreement (C H Robinson Worldwide Inc), Rights Agreement (Interra Financial Inc)

Reacquired Shares. Any shares of Series A D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Rent a Center Inc De), Rights Agreement (Rent a Center Inc De), Rights Agreement (Medifast Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of IncorporationOrganization, or in any other Certificate of Designations Vote creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Analog Devices Inc), Rights Agreement (Analog Devices Inc), Rights Agreement (Filenes Basement Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Amended and Restated Articles of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 5 contracts

Samples: Rights Agreement (Brush Engineered Materials Inc), Rights Agreement (Brush Engineered Materials Inc), Rights Agreement (Brush Engineered Materials Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock Stock, subject to the conditions and restrictions on issuance set forth herein, in articles of amendment of articles of incorporation of the Certificate of IncorporationCorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Cree Inc), Rights Agreement (Quintiles Transnational Corp), Rights Agreement (Quintiles Transnational Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Series A Preferred Stock and may be reissued as part of a new series of Series A Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, herein or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required or permitted by law.

Appears in 4 contracts

Samples: Rights Agreement (Quicksilver Resources Inc), Agreement (Quicksilver Resources Inc), Rights Agreement (Vintage Petroleum Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate certificate of Designations designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Tax Benefits Preservation Plan (Oasis Petroleum Inc.), Rights Agreement (Nuverra Environmental Solutions, Inc.), Tax Benefits Preservation Plan (Bonanza Creek Energy, Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Amgen Inc), Rights Agreement (Amgen Inc), Rights Agreement (Keystone Automotive Industries Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Tax Benefit Preservation Plan (Maxar Technologies Inc.), Rights Agreement (Skullcandy, Inc.), Rights Agreement (Safeway Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of IncorporationOrganization, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (State Street Corp), Rights Agreement (State Street Corp), Rights Agreement (State Street Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations creating Designation establishing a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Meadow Valley Corp), Rights Agreement (Exchange National Bancshares Inc), Rights Agreement (Gold Banc Corp Inc)

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Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Foster Wheeler Corp), Rights Agreement (Axcelis Technologies Inc), Rights Agreement (First Albany Companies Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate articles of Designations amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Shareholder Rights Agreement (Mimedx Group, Inc.), Rights Agreement (Florida Rock Industries Inc), Rights Agreement (Florida Rock Industries Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock preferred stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Obagi Medical Products, Inc.), Rights Agreement (Gtsi Corp), Rights Agreement (Cbot Holdings Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth hereinin this resolution, in the Certificate Articles of Incorporation, as amended, of the Corporation or in any other Certificate Articles of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Investors Title Co), Rights Agreement (Investors Title Co), Rights Agreement (Investors Title Co)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but and unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Incorporation or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate Statement of Designations creating Resolutions establishing a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (American Physicians Service Group Inc), Rights Agreement (Ennis Business Forms Inc), Rights Agreement (American Physicians Service Group Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall will be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of IncorporationIncorporation of the Corporation, or in any other Certificate of Designations Preferred Stock Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (AO Partners I, LP), Agreement (Air T Inc), Rights Agreement (Air T Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series Series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series Series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Tandy Leather Factory Inc), Rights Agreement (Tim Hortons Inc.), Rights Agreement (Haynes International Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate Articles of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Mid American Energy Holdings Co /New/), Agreement (Darden Restaurants Inc), Rights Agreement (Alternative Living Services Inc)

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Medivation, Inc.), Rights Agreement (Falcon Drilling Co Inc), Rights Agreement (Falcon Drilling Co Inc)

Reacquired Shares. Any shares of Series A Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate certificate of Designations designation creating a series of Preferred Stock preferred stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Samples: Rights Agreement (Fuller H B Co), Rights Agreement (Universal Hospital Services Inc), Rights Agreement (Labor Ready Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment to the Certificate of Incorporation or Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Farmers & Merchants Bancorp), Rights Agreement (Farmers & Merchants Bancorp), Rights Agreement (Farmers & Merchants Bancorp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate Restated Articles of IncorporationOrganization, or in as amended, including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A B-1 Preferred Stock converted, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Securities Purchase Agreement (La Jolla Pharmaceutical Co), Securities Purchase Agreement (Biomarin Pharmaceutical Inc), Securities Purchase Agreement (Biomarin Pharmaceutical Inc)

Reacquired Shares. Any shares of Series A Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Restated Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock preferred stock or any similar stock of the Company or as otherwise required by law.

Appears in 3 contracts

Samples: 382 Rights Agreement (GlassBridge Enterprises, Inc.), 382 Rights Agreement (Imation Corp), 382 Rights Agreement (Horizon Lines, Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate articles of Designations amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (FRP Properties Inc), Rights Agreement (FRP Properties Inc), Rights Agreement (FRP Properties Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Advanced Machine Vision Corp), Rights Agreement (Point 360), Rights Agreement (Eltron International Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, as amended, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock herein or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Medcath Inc), Rights Agreement (Gemstar International Group LTD), Amended and Restated Rights Agreement (Gemstar International Group LTD)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after upon the acquisition thereofthereof in accordance with the TBCA. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may thereafter be reissued issued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock of the Corporation or as otherwise required by law.

Appears in 3 contracts

Samples: Agreement (Dawson Geophysical Co), Agreement (Dawson Geophysical Co), Agreement (Dawson Geophysical Co)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law. Section 6.

Appears in 3 contracts

Samples: Rights Agreement, Rights Agreement (Inso Corp), Rights Agreement (Tracor Inc /De)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions condi- tions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar sim- ilar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Schering Plough Corp), Rights Agreement (Schering Plough Corp), Rights Agreement (Fisher Scientific International Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner any, manner, whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations Amendment or Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Team Financial Inc /Ks), Rights Agreement (Biosource International Inc), Rights Agreement (Century Casinos Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of the Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Company's Articles of Incorporation, or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Fidelity Bancorp Inc), Rights Agreement (Thistle Group Holdings Co), Rights Agreement (Fidelity Bancorp Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Forest Oil Corp), Rights Agreement (Dusa Pharmaceuticals Inc), Rights Agreement (Dusa Pharmaceuticals Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Impac Mortgage Holdings Inc), Rights Agreement (Impac Commercial Holdings Inc), Rights Agreement (BNC Mortgage Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations Articles Supplementary creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Agree Realty Corp), Rights Agreement (Agree Realty Corp), Rights Agreement (Walden Residential Properties Inc)

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law. Section 6.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designations creating establishing a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Transfinancial Holdings Inc), Rights Agreement (Transfinancial Holdings Inc), Rights Agreement (Transfinancial Holdings Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Particle Drilling Technologies Inc/Nv), Rights Agreement (Northwest Teleproductions Inc), Rights Agreement (Health Risk Management Inc /Mn/)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of the Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Company's Certificate of Incorporation, or in any other Certificate of Designations Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Guaranty Federal Bancshares Inc), Rights Agreement (Advance Financial Bancorp), Rights Agreement (Advance Financial Bancorp)

Reacquired Shares. Any shares of Series A D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Tii Industries Inc), Rights Agreement (Allied Products Corp /De/), Rights Agreement (Usg Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may be reissued as part of a new series of Preferred Stock to be created by resolution of the Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in including any other Certificate of Designations creating a series of Preferred Stock or any similar stock stock, or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Celadon Group Inc), Rights Agreement (Superior Telecom Inc), Rights Agreement (Celadon Group Inc)

Reacquired Shares. Any shares of Series A D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designations Amendment to the Articles of Incorporation or Certificate of Determination creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (California Water Service Group)

Reacquired Shares. Any shares of Series A 1 Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations Amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement This Agreement (Waterlink Inc), Rights Agreement This Agreement (Waterlink Inc), Rights Agreement (Waterlink Inc)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of IncorporationIncorporation of the Corporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Upland Software, Inc.), Tax Benefit Preservation Plan (Upland Software, Inc.)

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