Common use of Reacquired Shares Clause in Contracts

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 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 56 contracts

Samples: Preferred Stock Rights Agreement (Pinnacle Systems Inc), Rights Agreement (Triquint Semiconductor Inc), Preferred Shares Rights Agreement (Abgenix Inc)

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Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement 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 any conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 52 contracts

Samples: Rights Agreement (American Axle & Manufacturing Holdings Inc), Rights Agreement (American Axle & Manufacturing Holdings Inc), Benefit Protection Plan Agreement (Integrated Electrical Services 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 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 41 contracts

Samples: Rights Agreement (Clearwater Paper Corp), Rights Agreement (Fiberstars Inc /Ca/), Rights Agreement (Logicvision 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 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 39 contracts

Samples: Shareholder Rights Agreement (Tegal Corp /De/), Tax Benefits Preservation Agreement (Openwave Systems Inc), Shareholder Rights Agreement (Salary. Com, 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 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 and, and in the Restated Certificate of Incorporation, as then amended.

Appears in 38 contracts

Samples: Preferred Stock Rights Agreement (Mips Technologies Inc), Preferred Shares Rights Agreement (3com Corp), Preferred Stock Rights Agreement (New Commerce One Holding 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 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 and, and in the Amended and Restated Certificate of Incorporation, as then amended.

Appears in 37 contracts

Samples: Preferred Stock Rights Agreement (Pain Therapeutics Inc), Preferred Stock Rights Agreement (Versata Inc), Preferred Stock Rights Agreement (Versata Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and 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 to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate Articles of Incorporation, as then amended.

Appears in 25 contracts

Samples: Stockholders Rights Agreement (Danaos Corp), Rights Agreement (Costamare Inc.), Stockholders Rights Agreement (Ocean Rig UDW Inc.)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 22 contracts

Samples: Rights Agreement (Geoworks /Ca/), Rights Agreement (Berg Electronics Corp /De/), Rights Agreement (Lca Corp)

Reacquired Shares. Any shares of Series A Participating Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled 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 and, or in the Restated Certificate of Incorporation, as then amendedCharter.

Appears in 18 contracts

Samples: Rights Agreement (Lydall Inc /De/), Rights Agreement (Trimas Corp), Rights Agreement (Manor Care Inc/New)

Reacquired Shares. Any shares of Series A Participating Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Series Preferred Stock and may be reissued as part of a new series of Series 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 16 contracts

Samples: Rights Agreement (Aqua America Inc), Rights Agreement (Aqua America Inc), Rights Agreement (Union Pacific Resources Group Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 to be created by resolution or resolutions of the Board of Directors, subject to Directors as permitted by the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, Incorporation or as then amendedotherwise permitted under Delaware Law.

Appears in 15 contracts

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

Reacquired Shares. Any shares of Series A Participating B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 14 contracts

Samples: Shareholder Rights Agreement (Anika Therapeutics Inc), Shareholder Rights Agreement (Mercury Computer Systems Inc), Shareholder Rights Agreement (Courier Corp)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 13 contracts

Samples: Rights Agreement (Curtiss Wright Corp), Rights Agreement (Cadence Design Systems Inc), Rights Agreement (Cadence Design 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 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 11 contracts

Samples: investor.extremenetworks.com, www.annualreports.com, Rights Agreement (Cellstar Corp)

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 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 11 contracts

Samples: Preferred Shares Rights Agreement (Oratec Interventions Inc), Rights Agreement (Symmetricom Inc), Preferred Shares Rights Agreement (Durect Corp)

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 canceled 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 11 contracts

Samples: Shareholder Rights Agreement (Albany Molecular Research Inc), Stockholder Rights Agreement (Rapid Micro Biosystems, Inc.), Stockholder Rights Agreement (Magenta Therapeutics, Inc.)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 11 contracts

Samples: Rights Agreement (Hornbeck Offshore Services Inc /La), Rights Agreement (Inspire Insurance Solutions Inc), Rights Agreement (Supervalu Inc)

Reacquired Shares. Any shares of Series A Participating B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 10 contracts

Samples: Rights Agreement (Innospec Inc.), Rights Agreement (Adam Inc), Rights Agreement (Axt 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 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 9 contracts

Samples: Rights Agreement (Telcom Semiconductor Inc), Rights Agreement (Fremont Partners Lp), Rights Agreement (Global Motorsport Group Inc)

Reacquired Shares. Any shares of Series A Participating B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 9 contracts

Samples: Rights Agreement (Harvest Natural Resources, Inc.), Rights Agreement (Usa Technologies Inc), Rights Agreement (Commercial Metals Co)

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 canceled 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 9 contracts

Samples: Rights Agreement (Cardima Inc), Rights Agreement (Cardima Inc), Rights Agreement (Ucbh Holdings 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 canceled 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 DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 8 contracts

Samples: Stockholder Rights Agreement (Westwood Holdings Group Inc), Tax Benefits Preservation Plan (Sandridge Energy Inc), Rights Agreement (Sun Healthcare Group 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 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 8 contracts

Samples: Preferred Shares Rights Agreement (Preview Travel Inc), Rights Agreement (Autodesk Inc), Shares Rights Agreement (Quickturn Design 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 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 8 contracts

Samples: Shareholder Rights Plan (Realnetworks Inc), Shareholder Rights Plan (Realnetworks Inc), Preferred Shares Rights Agreement (New Era of Networks 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 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 and, and in the Restated Certificate of Incorporation, as then amended.

Appears in 7 contracts

Samples: Preferred Stock Rights Agreement (Sonic Innovations Inc), Preferred Stock Rights Agreement (Software Com Inc), Preferred Stock Rights Agreement (Musicmaker Com Inc)

Reacquired Shares. Any shares of Series A Participating C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 7 contracts

Samples: Rights Agreement (Quidel Corp /De/), Rights Agreement (Quidel Corp /De/), Rights Agreement (Quidel Corp /De/)

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 canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock, without designation as to series, and may be reissued as part of a new any series of Preferred Stock to be preferred stock created by resolution or resolutions of the Board of DirectorsDirectors (including Series A Preferred Stock), subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 7 contracts

Samples: Rights Agreement (CalAmp Corp.), Rights Agreement (California Amplifier Inc), Rights Agreement (Oak Hill Financial 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 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 and, and in the Restated Certificate of Incorporation, as then amended.

Appears in 7 contracts

Samples: Preferred Stock Rights Agreement (LOCAL.COM), Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Genesis Microchip Inc /De)

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 canceled 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 6 contracts

Samples: Rights Agreement (Tandy Brands Accessories Inc), Rights Agreement (Dean Foods Co), Rights Agreement (First Brands Corp)

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 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 DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 6 contracts

Samples: Rights Agreement (Eagle Materials Inc), Rights Agreement (InspireMD, Inc.), Rights Agreement (Eagle Materials Inc)

Reacquired Shares. Any shares of Series A Participating One Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 6 contracts

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

Reacquired Shares. Any shares of Series A Participating Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Series Preferred Stock and may be reissued as part of a new series of Series 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 6 contracts

Samples: Rights Agreement (SPS Technologies Inc), Rights Agreement (Maritrans Inc /De/), Rights Agreement (Cotelligent Inc)

Reacquired Shares. Any shares of Series A Participating B Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled 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 to be created by resolution or resolutions of the Board of Directors, subject to Directors as permitted by the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, Incorporation or as then amendedotherwise permitted under Delaware Law.

Appears in 6 contracts

Samples: Rights Agreement (Gradall Industries Inc), Rights Agreement (E Trade Group Inc), Rights Agreement (R H Donnelley Corp)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 6 contracts

Samples: Rights Agreement (Schnitzer Steel Industries Inc), Rights Agreement (T/R Systems Inc), Rights Agreement (Flowers Foods Inc)

Reacquired Shares. Any shares of Series A B Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 5 contracts

Samples: Rights Agreement (Agouron Pharmaceuticals Inc), Rights Agreement (Agouron Pharmaceuticals Inc), Preferred Shares Rights Agreement (Connetics Corp)

Reacquired Shares. Any shares of Series A D Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 and, and in the Amended and Restated Certificate of Incorporation, as then amended.

Appears in 5 contracts

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

Reacquired Shares. Any shares of this Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued preferred shares, without designation as to series until such shares of Preferred Stock and may be reissued are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to Directors of the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedCompany.

Appears in 5 contracts

Samples: Rights Agreement (Orient Express Hotels LTD), Rights Agreement (Orient Express Hotels LTD), Rights Agreement (Orient Express Hotels LTD)

Reacquired Shares. Any shares of Series A Participating Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 to be created by resolution or resolutions of the Board of Directors, subject to Directors as permitted by the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, Incorporation or as then amendedotherwise permitted under Delaware Law.

Appears in 5 contracts

Samples: Rights Agreement (IHS Inc.), Rights Agreement (Callidus Software Inc), Rights Agreement (Aventine Renewable Energy Holdings 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 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 and, in the Restated Certificate Articles of Incorporation, as then amended.

Appears in 5 contracts

Samples: Preferred Shares Rights Agreement (3dfx Interactive Inc), Preferred Shares Rights Agreement (Silicon Valley Bancshares), Preferred Shares Rights Agreement (Cholestech Corporation)

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 canceled cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock preferred stock, without designation as to series, and such shares 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 5 contracts

Samples: Rights Agreement (FXCM Inc.), Rights Agreement (Iron Mountain Inc), Rights Agreement (FXCM Inc.)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock by the Board pursuant to be created by resolution or resolutions the provisions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedCertificate.

Appears in 5 contracts

Samples: Rights Agreement (Pepsi Bottling Group Inc), Rights Agreement (Pepsi Bottling Group Inc), Rights Agreement (Pepsi Bottling Group Inc)

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

Appears in 5 contracts

Samples: Rights Agreement (Cooper Industries LTD), Rights Agreement (Cooper Industries LTD), Rights Agreement (Cooper Industries LTD)

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 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 and, and in the Restated Certificate Articles of Incorporation, as then amended.

Appears in 4 contracts

Samples: Preferred Stock Rights Agreement (Copart Inc), Preferred Stock Rights Agreement (Copart Inc), Preferred Stock Rights Agreement (Energy West 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 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 and, in the Restated Certificate Articles of Incorporation, as then amended.

Appears in 4 contracts

Samples: Preferred Shares Rights Agreement (Aehr Test Systems), Preferred Shares Rights Agreement (Trimble Navigation LTD /Ca/), Rights Agreement (Adaptec Inc)

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

Appears in 4 contracts

Samples: Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Morgans Foods 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 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 4 contracts

Samples: Shareholder Rights Agreement (Mac-Gray Corp), Shareholder Rights Agreement (Mac-Gray Corp), Shareholder Rights Agreement (Boston Properties 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 canceled 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 DirectorsStock, subject to the conditions and restrictions on issuance set forth herein andherein, in articles of amendment of articles of incorporation of the Restated Certificate of IncorporationCorporation, or as then amendedotherwise 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 Participating C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock the preferred stock of the Corporation and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions the preferred stock of the Board of DirectorsCorporation, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 4 contracts

Samples: Investment Agreement (TPG Advisors Ii Inc), Investment Agreement (TPG Advisors Ii Inc), Investment Agreement (Magellan Health Services 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 canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement 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 any conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 4 contracts

Samples: Rights Agreement (Aep Industries Inc), Rights Agreement (Michigan Commerce Bancorp LTD), Rights Agreement (Aep Industries 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 canceled 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 4 contracts

Samples: Rights Agreement (Patrick Industries Inc), Acquisition Agreement (EXOlifestyle, Inc.), Rights Agreement (First Sierra Financial Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and 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 Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock by the Board pursuant to be created by resolution or resolutions the provisions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedCertificate.

Appears in 4 contracts

Samples: Asset Protection Rights Agreement (Cambium Learning Group, Inc.), Section 382 Rights Agreement (Centrus Energy Corp), Section 382 Rights Agreement (Centrus Energy Corp)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and 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 to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein and, in the Amended and Restated Certificate Articles of Incorporation, as then amended.

Appears in 4 contracts

Samples: Stockholders Rights Agreement (Box Ships Inc.), Stockholders Rights Agreement (Aegean Marine Petroleum Network Inc.), Stockholders Rights Agreement (Diana Containerships 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 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedIncorporation of the Corporation.

Appears in 4 contracts

Samples: Rights Agreement (Veritas DGC Inc), Rights Agreement (Iteq Inc), Rights Agreement (Iteq Inc)

Reacquired Shares. Any shares of Series A Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth herein and, in provisions of the Restated Certificate of Incorporation, as then amendedCharter.

Appears in 4 contracts

Samples: Rights Agreement (Zimmer Holdings Inc), Rights Agreement (Zimmer Holdings Inc), Rights Agreement (Air Products & Chemicals Inc /De/)

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 canceled 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 and, or in the Restated Certificate of Incorporation, as then amended.

Appears in 3 contracts

Samples: Rights Agreement (New Century Energies Inc), Rights Agreement (New Century Energies Inc), Rights Agreement (New Century Energies Inc)

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

Appears in 3 contracts

Samples: Rights Agreement (Garmin LTD), Rights Agreement (Garmin LTD), Rights Agreement (Garmin LTD)

Reacquired Shares. Any shares of Series A Participating Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 3 contracts

Samples: Rights Agreement (Neose Technologies Inc), Rights Agreement (Neose Technologies Inc), Rights Agreement (Neose Technologies 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 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 and, and in the Amended and Restated Certificate of Incorporation, as then amended.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (Catalytica Energy Systems Inc), Preferred Stock Rights Agreement (Bea Systems Inc), Preferred Stock Rights Agreement (Curon Medical 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 canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement 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 any conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 3 contracts

Samples: Rights Agreement (Pinnacle West Capital Corp), Rights Agreement (Sitel Corp), Rights Agreement (Pinnacle West Capital Corp)

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 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 3 contracts

Samples: Rights Agreement (Spartan Motors Inc), Rights Agreement (Hastings Manufacturing Co), Rights Agreement (Manatron Inc)

Reacquired Shares. Any shares of Series A Participating C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 and, and in the Restated Certificate of Incorporation, as then amended.

Appears in 3 contracts

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

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Reacquired Shares. Any shares of Series A C Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All The Company shall cause all such shares shall upon their cancellation become to be authorized but unissued shares of Preferred Stock and which may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsStock, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 3 contracts

Samples: Rights Agreement (Butler National Corp), Rights Agreement (Butler National Corp), Rights Agreement (Butler National Corp)

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 canceled cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares 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 Directors of the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedCorporation.

Appears in 3 contracts

Samples: Rights Agreement (Guilford Mills Inc), Rights Agreement (Noven Pharmaceuticals Inc), Rights Agreement (Impath 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 canceled cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 3 contracts

Samples: Rights Agreement (Delphi Automotive Systems Corp), Rights Agreement (Usw-C Inc), Rights Agreement (Activision Inc /Ny)

Reacquired Shares. Any shares of Series A Participating C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 Stock, without designation as to series until such shares are once more designated as part of a new particular series by the Corporation's Board of Preferred Stock Directors pursuant to be created by resolution or resolutions the provisions of Article 3 of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amended.

Appears in 3 contracts

Samples: Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial Corp)

Reacquired Shares. Any shares of Series A Participating D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 3 contracts

Samples: Rights Agreement (Centex Corp), Rights Agreement (Imc Global Inc), Rights Agreement (Centex Corp)

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 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 and, and in the Corporation’s Third Amended and Restated Certificate Articles of Incorporation, as then amended.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Fei Co), Preferred Stock Rights Agreement (Fei Co)

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 canceled 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 DirectorsBoard, subject to the any conditions and restrictions on issuance set forth herein andherein, in the Restated Certificate of Incorporation, as then amendedor in any other Certificate of Designations.

Appears in 2 contracts

Samples: Tronox Incorporated and Umb (Tronox Inc), Rights Agreement (Tronox 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 canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement 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 any conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series A Participating Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Series Preferred Stock and may be reissued as Series A Preferred Shares or as part of a new series of Series 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 2 contracts

Samples: Rights Agreement (Sports Authority Inc /De/), Rights Agreement (Sports Authority Inc /De/)

Reacquired Shares. Any shares of Series A Participating C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Rights Agreement (Talley Industries Inc), Rights Agreement (Talley Manufacturing & Technology 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 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 to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate Articles of Incorporation, as then amended.

Appears in 2 contracts

Samples: Shareholders Rights Agreement (Seaspan CORP), Shareholders Rights Agreement (Seaspan CORP)

Reacquired Shares. Any shares of Series A Participating X Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Wyndham International Inc), Shareholder Rights Agreement (Patriot American Hospitality Inc/De)

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

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Associated Estates Realty Corp), Shareholder Rights Agreement (Associated Estates Realty Corp)

Reacquired Shares. Any shares of Series A Participating One Preferred Stock purchased ----------------- or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Class A Preferred Stock and may be reissued as part of a new series of Class A 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Rights Agreement (Armstrong World Industries Inc), Rights Agreement (Armstrong World Industries 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 canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Shares and may be reissued as part of a new series of Preferred Stock Shares to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series A Participating A-2 Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Series 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 2 contracts

Samples: Rights Agreement (RCM Technologies Inc), Rights Agreement (RCM Technologies 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 canceled 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Rights Agreement (Kellwood Co), Rights Agreement (Kellwood Co)

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 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance as set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Stockholders’ Rights Agreement (Great Elm Group, Inc.), Stockholders’ Rights Agreement (Great Elm Capital Group, Inc.)

Reacquired Shares. Any shares of Series A Participating C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall shall, upon their cancellation 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Rights Agreement (Caremark Rx Inc), Rights Agreement (Caremark Rx Inc)

Reacquired Shares. Any shares of Series A Participating D Convertible Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Merger Agreement (Seaway Valley Capital Corp), Share Exchange Agreement (Ultradata 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 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 Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth herein and, in provisions of Section (B)(1) of Article V of the Restated Certificate of Incorporation, as then amended.

Appears in 2 contracts

Samples: Rights Agreement (Telco Systems Inc /De/), Rights Agreement (Telco Systems Inc /De/)

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 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Rights Agreement (Omi Corp/M I), Rights Agreement (Omi Corp/M I)

Reacquired Shares. Any shares of Series A Participating One Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement 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 any conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Rights Agreement (Zonagen Inc), Rights Agreement (Aronex Pharmaceuticals 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 canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth herein and, in provisions of ARTICLE FOURTH of the Restated Certificate Articles of Incorporation, as then amended.

Appears in 2 contracts

Samples: Borrowing Subsidiary Agreement (Itt Industries Inc), Rights Agreement (Itt Industries 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 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 Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth herein and, in provisions of Section 2 of Article IV of the Restated Certificate Articles of Incorporation, as then amendedOrganization.

Appears in 2 contracts

Samples: Rights Agreement (Safety Fund Corp), Exhibit 1 Rights Agreement (Safety Fund Corp)

Reacquired Shares. Any shares of Series A Participating B _________________ Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Rights Agreement (Gibson Greetings Inc), Rights Agreement (Gibson Greetings 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 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 2 contracts

Samples: Rights Agreement (Netmanage Inc), Rights Agreement (Infoseek Corp /De/)

Reacquired Shares. Any shares of Series A Participating Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of un-issued 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 2 contracts

Samples: Rights Agreement (Esperion Therapeutics Inc/Mi), Rights Agreement (Esperion Therapeutics Inc/Mi)

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

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Pulte Homes Inc/Mi/), Section 382 Rights Agreement (Pulte Homes Inc/Mi/)

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 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 and, and in the Restated Certificate Articles of Incorporation, as then amendedOrganization.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (American Science & Engineering Inc), Shareholder Rights Agreement (American Science & Engineering 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 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 any conditions and restrictions on issuance set forth herein and, in the this Restated Certificate of Incorporation, as then amended.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series A Participating Preferred Stock Preference Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares Shares of Preferred Stock the Company and may be reissued as part of a new class or series of Preferred Stock Shares to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, and in the Restated Certificate of IncorporationArticles, as then amendedamended from time to time. Section 6.

Appears in 2 contracts

Samples: Rights Agreement (Ace LTD), Rights Agreement (Ace LTD)

Reacquired Shares. Any shares of Series A Participating Preferred ------------------ Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of Preferred Stock and may be reissued Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth herein and, in provisions of the Restated Certificate of Incorporation, as then amendedCharter.

Appears in 2 contracts

Samples: Exhibit 6 (Crown Castle International Corp), Rights Agreement (Crown Castle International Corp)

Reacquired Shares. Any shares of Series A Participating I Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and such shares 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 and, in the Restated Certificate of Incorporation, as then amended.

Appears in 2 contracts

Samples: Rights Agreement (Moore Medical Corp), Rights Agreement (Moore Medical Corp)

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 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 to be created by resolution or resolutions of the Board of DirectorsDirectors of the Corporation, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Discovery Laboratories Inc /De/), Shareholder Rights Agreement (Discovery Laboratories Inc /De/)

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 canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, undesignated as to series, and may thereafter be reissued as part of a new series of such Preferred Stock to be created Shares as permitted by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedVSCA.

Appears in 2 contracts

Samples: Rights Agreement (Arch Chemicals Inc), Rights Agreement (Arch Chemicals 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 canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock of the Corporation and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsStock, subject to the conditions and restrictions on issuance set forth herein and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Rights Agreement (Modine Manufacturing Co), Rights Agreement (Modine Manufacturing Co)

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 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 Stock, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject Directors pursuant to the conditions and restrictions on issuance set forth herein and, in provisions of Paragraph B of Article FOURTH of the Restated Certificate of Incorporation, as then amended.

Appears in 2 contracts

Samples: Rights Agreement (Allaire Corp), Rights Agreement (Lightbridge Inc)

Reacquired Shares. Any shares of Series A Participating Convertible Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and 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 and, in the Restated Certificate of Incorporation, as then amendedherein.

Appears in 2 contracts

Samples: Subscription Agreement (Mawlaw 660, LTD), Subscription Agreement (Via Net Works Inc)

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