Common use of Reacquired Shares Clause in Contracts

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.

Appears in 198 contracts

Sources: Tax Benefits Preservation Plan (Velodyne Lidar, Inc.), Rights Agreement, Rights Agreement (Essendant Inc)

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 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.

Appears in 132 contracts

Sources: Rights Agreement (AYRO, Inc.), Tax Benefits Preservation Plan (XWELL, Inc.), Rights Agreement (Staffing 360 Solutions, Inc.)

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 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.

Appears in 49 contracts

Sources: Rights Agreement (Dawson Geophysical Co), Rights Agreement (Insperity, Inc.), Rights Agreement (Forum Energy Technologies, Inc.)

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 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.

Appears in 37 contracts

Sources: Section 382 Rights Agreement (Comstock Holding Companies, Inc.), Section 382 Rights Agreement (Comstock Holding Companies, Inc.), Rights Agreement (Solitron Devices Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 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 Amended and Restated Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 33 contracts

Sources: Rights Agreement (Harbor BioSciences, Inc.), Rights Agreement (Bank Jos a Clothiers Inc /De/), Rights Agreement (Intermune Inc)

Reacquired Shares. Any shares of Series A B 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.

Appears in 20 contracts

Sources: Tax Benefits Preservation Plan (Forestar Group Inc.), Tax Benefits Preservation Plan (CF Industries Holdings, Inc.), Rights Agreement (American Apparel, Inc)

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.

Appears in 14 contracts

Sources: Rights Agreement (Twin Disc Inc), Rights Agreement (Nobel Learning Communities Inc), Rights Agreement (Micrion Corp /Ma/)

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.

Appears in 11 contracts

Sources: Rights Agreement (Nobel Learning Communities Inc), Rights Agreement (Microsemi Corp), Rights Agreement (Select Medical Corp)

Reacquired Shares. Any shares of Series A C 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.

Appears in 11 contracts

Sources: Rights Agreement (Avalon Pharmaceuticals Inc), Rights Agreement (Isolagen Inc), Stockholder Rights Agreement (Alloy Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 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.

Appears in 10 contracts

Sources: Rights Agreement (Huttig Building Products Inc), Rights Agreement (Insituform Technologies Inc), Rights Agreement (United Therapeutics Corp)

Reacquired Shares. Any shares of Series A B 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 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.

Appears in 10 contracts

Sources: Tax Benefits Preservation Plan (CarParts.com, Inc.), Tax Benefits Preservation Plan (CarParts.com, Inc.), Rights Agreement (Occidental Petroleum Corp /De/)

Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 10 contracts

Sources: Rights Agreement (Beazer Homes Usa Inc), Section 382 Rights Agreement (TiVo Corp), Section 382 Rights Agreement (Beazer Homes Usa Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 9 contracts

Sources: Tax Benefits Preservation Plan (Acacia Research Corp), Shareholder Rights Agreement (El Paso Natural Gas Co), Shareholder Rights Agreement (El Paso Energy Corp/De)

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.

Appears in 9 contracts

Sources: Rights Agreement (Startech Environmental Corp), Rights Agreement (Atmi Inc), Rights Agreement (General Maritime Corp/)

Reacquired Shares. Any shares of Series A B Junior Participating 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.

Appears in 8 contracts

Sources: Section 382 Rights Agreement (Toll Brothers Inc), Rights Agreement (Duratek Inc), Rights Agreement (Arbitron Inc)

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 any conditions and restrictions on issuance set forth herein.

Appears in 7 contracts

Sources: Rights Agreement (American Residential Services Inc), Rights Agreement (Mortons Restaurant Group Inc), Rights Agreement (Garden Ridge 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 creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 7 contracts

Sources: Rights Agreement (Arena Pharmaceuticals Inc), Rights Agreement (Touch America Holdings Inc), Credit Agreement (Inamed 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.. Section

Appears in 6 contracts

Sources: Rights Agreement (Ivex Packaging Corp /De/), Rights Agreement (American Telecasting Inc/De/), Rights Agreement (Cell Pathways Holdings Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions of the Board board of Directorsdirectors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 6 contracts

Sources: Agreement and Plan of Merger (Chicago Mercantile Exchange Holdings Inc), Merger Agreement (Chicago Mercantile Exchange Holdings Inc), Merger Agreement (Cbot Holdings Inc)

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.

Appears in 6 contracts

Sources: Rights Agreement (News Corp), Rights Agreement (News Corp), Rights Agreement (News Corp)

Reacquired Shares. Any shares Units 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 Units shall, upon their cancellation cancellation, become authorized but unissued shares (or fractions of 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.

Appears in 6 contracts

Sources: Rights Agreement (Darden Restaurants Inc), Tax Benefits Preservation Plan, Rights Agreement (Pinnacle Entertainment Inc.)

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.

Appears in 6 contracts

Sources: Rights Agreement (Ametek Aerospace Products Inc), Rights Agreement (Speedus Com Inc), Rights Agreement (Myriad Genetics Inc)

Reacquired Shares. Any shares of Series A C 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 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.

Appears in 6 contracts

Sources: Rights Agreement (Scientific Games Corp), Rights Agreement (Scientific Games Corp), Rights Agreement (DHT Holdings, Inc.)

Reacquired Shares. Any shares of Series A C Junior Participating 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.

Appears in 5 contracts

Sources: Section 382 Rights Agreement (Cohen & Co Inc.), Section 382 Rights Agreement (Cohen & Co Inc.), Section 382 Rights Agreement (Institutional Financial Markets, Inc.)

Reacquired Shares. Any shares of Series A D 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.

Appears in 5 contracts

Sources: Rights Agreement (Wabash National Corp /De), Rights Agreement (Planar Systems Inc), Rights Agreement (Wabash National Corp /De)

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 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.

Appears in 5 contracts

Sources: Rights Agreement (Cambridge Technology Partners Massachusetts Inc), Rights Agreement (Cambridge Technology Partners Massachusetts Inc), Rights Agreement (Solitron Devices Inc)

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 DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Appears in 5 contracts

Sources: Rights Agreement (Masimo Corp), Rights Agreement (Fluor Corp), Rights Agreement (Barnes & Noble Education, Inc.)

Reacquired Shares. Any shares of Series A A-1 Junior Participating 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 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.

Appears in 4 contracts

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

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 canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, without serial designation, 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.

Appears in 4 contracts

Sources: Rights Agreement (3-D Geophysical Inc), Rights Agreement (First Priority Group Inc), Rights Agreement (Lci International Inc /Va/)

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 canceled promptly after the acquisition thereof. All such shares shall shall, upon their cancellation 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 hereinherein or as otherwise required by law.

Appears in 4 contracts

Sources: Rights Agreement (Communications Systems Inc), Rights Agreement (Transport Corporation of America Inc), Rights Agreement (Urologix Inc)

Reacquired Shares. Any shares of Series A B Junior Participating 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 any conditions and restrictions on issuance set forth herein.

Appears in 4 contracts

Sources: Rights Agreement (Depomed Inc), Rights Agreement (Graff Pay Per View Inc /De/), Rights Agreement (Wave Technologies International Inc)

Reacquired Shares. Any shares of Series A Junior Participating Non-Cumulative 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 DirectorsStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock of the Corporation or any similar stock or as otherwise required by law.

Appears in 4 contracts

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

Reacquired Shares. Any shares of Series A C 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 Series C Junior Participating 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.

Appears in 4 contracts

Sources: Rights Agreement (Anchor Glass Container Corp /New), Rights Agreement (Anchor Glass Container Corp /New), Rights Agreement (Anchor Glass Container Corp /New)

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.

Appears in 4 contracts

Sources: Rights Agreement (Natural Microsystems Corp), Rights Agreement (Innovasive Devices Inc), Rights Agreement (Earthgrains Co /De/)

Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Sources: Rights Agreement (Alkermes Inc), Rights Agreement (Perot Systems Corp), Rights Agreement (Alkermes Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 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.

Appears in 3 contracts

Sources: Rights Agreement (President Casinos Inc), Rights Agreement (Kentucky Electric Steel Inc /De/), Rights Agreement (Reinsurance Group of America Inc)

Reacquired Shares. Any shares of Series A Junior Participating Preferred Special 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 Special Stock and may be reissued as part of a new series of Preferred Special Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Sources: Rights Agreement (Schulman a Inc), Rights Agreement (Schulman a Inc), Rights Agreement (Schulman a Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 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 hereinCompany.

Appears in 3 contracts

Sources: Rights Agreement (Minerals Technologies Inc), Rights Agreement (Minerals Technologies Inc), Rights Agreement (Minerals Technologies Inc)

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 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 or the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Sources: Rights Agreement (Swift Energy Co), Rights Agreement (Cairn Energy Usa Inc), Rights Agreement (Diversified Corporate Resources Inc)

Reacquired Shares. Any shares of Series A B Junior Participating 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 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.

Appears in 3 contracts

Sources: Rights Agreement (Mercantile Bancorporation Inc), Rights Agreement (DHB Industries Inc), Rights Agreement (Mercantile Bancorporation Inc)

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock Shares, 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 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 DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Sources: Renewal Rights Agreement (Enterprise Bancorp Inc /Ma/), Renewal Rights Agreement (Enterprise Bancorp Inc /Ma/), Rights Agreement (Sis Bancorp Inc)

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.

Appears in 3 contracts

Sources: Rights Agreement (Nui Corp), Rights Agreement (Nui Corp), Rights Agreement (Nui Holding Co)

Reacquired Shares. Any shares of Series A C Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Sources: Rights Agreement, Rights Agreement (J C Penney Co Inc), Rights Agreement (J C Penney Co Inc)

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 DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

Sources: Rights Agreement (Tempur Sealy International, Inc.), Rights Agreement (A & B II, Inc.), Rights Agreement (Maxum Petroleum Holdings, Inc.)

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation said 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 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.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A E Junior Participating 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.

Appears in 3 contracts

Sources: Rights Agreement (Swank, Inc.), Rights Agreement (Swank, Inc.), Rights Agreement (Cybercash Inc)

Reacquired Shares. Any shares Units of Series A B 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 Units shall, upon their cancellation cancellation, become authorized but unissued shares (or fractions of 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.

Appears in 3 contracts

Sources: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (ICO Global Communications (Holdings) LTD), Section 382 Rights Agreement (Mindspeed Technologies, Inc)

Reacquired Shares. Any shares of Series A C Junior Participating 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 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.

Appears in 3 contracts

Sources: Rights Agreement (Amerco /Nv/), Rights Agreement (Amerco /Nv/), Rights Agreement (Mobile Mini Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A B Junior Participating 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 shall, upon their cancellation 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 hereinherein or as otherwise required by law.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A C Junior Participating Convertible 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 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.

Appears in 3 contracts

Sources: Rights Agreement (Quanta Services Inc), Rights Agreement (Quanta Services Inc), Rights Agreement (Quanta Services Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 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 hereinArticles.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Articles of Incorporation of the Corporation.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A Junior Participating Cumulative 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 Cumulative Preferred Stock and may be reissued as part of a new series of Cumulative 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.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series A 1999 Junior Participating 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.

Appears in 3 contracts

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

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 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 n s 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.

Appears in 3 contracts

Sources: Rights Agreement (Asure Software Inc), Rights Agreement (Asure Software Inc), Rights Agreement (Asure Software Inc)

Reacquired Shares. Any shares of Series A B Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Sources: Tax Benefits Preservation Plan (Acacia Research Corp), Rights Agreement (Baxter International Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 shall 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 Charter, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Sources: Rights Agreement (GigOptix, Inc.), Rights Agreement (GigOptix, Inc.)

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 DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or as otherwise required by law.

Appears in 2 contracts

Sources: Tax Benefits Preservation Plan (Genesis Healthcare, Inc.), Rights Agreement (Corelogic, Inc.)

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 canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of undesignated 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.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Class B Series A 2 Junior Participating 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 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.

Appears in 2 contracts

Sources: Rights Agreement (Angelica Corp /New/), Rights Agreement (Angelica Corp /New/)

Reacquired Shares. Any shares of Series A Junior ----------------- Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Sources: Rights Agreement (Icu Medical Inc/De), Rights Agreement (Hawaiian Electric Industries Inc)

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock Stock, Series D, purchased or otherwise acquired by the Corporation in any manner A6 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.

Appears in 2 contracts

Sources: Rights Agreement (Cigna Corp), Rights Agreement (Cigna 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 canceled 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 hereinin the Amended and Restated Certificate of Incorporation.

Appears in 2 contracts

Sources: Rights Agreement (Interline Brands, Inc./De), Rights Agreement (Houston Wire & Cable CO)

Reacquired Shares. Any shares of Series A G Junior Participating 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 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.

Appears in 2 contracts

Sources: Rights Agreement (Iparty Corp), Rights Agreement (Iparty 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 canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Series A Junior 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 hereinreissued.

Appears in 2 contracts

Sources: Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (ABX Holdings, Inc.)

Reacquired Shares. Any shares Units of Series A Junior Participating 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 Units shall, upon their cancellation cancellation, become part of the 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. 6.

Appears in 2 contracts

Sources: Rights Agreement (Mercury Systems Inc), Rights Agreement (Mercury Systems Inc)

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 hereinherein or as otherwise required by law.

Appears in 2 contracts

Sources: Rights Agreement (Baxalta Inc), Rights Agreement (Zoetis Inc.)

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 Series A Junior Participating 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.

Appears in 2 contracts

Sources: Rights Agreement (Trans World Entertainment Corp), Rights Agreement (Trans World Entertainment 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 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, as set forth in the Certificate of Incorporation, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Sources: Rights Agreement (Earthlink Inc), Rights Agreement (Euronet Worldwide Inc)

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Sources: Rights Agreement (Anchor Gaming), Rights Agreement (Anchor Gaming)

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 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 DirectorsBoard, subject to the any conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series A F Junior Participating ----------------- 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 undesignated 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.

Appears in 2 contracts

Sources: Rights Agreement (Marcam Corp), Rights Agreement (Marcam 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 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.

Appears in 2 contracts

Sources: Rights Agreement (Piedmont Natural Gas Co Inc), Rights Agreement (Philip Services Corp/De)

Reacquired Shares. Any shares of Series A B Junior Participating 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 and become authorized but unissued shares of Preferred Stock 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, preferred stock subject to the conditions and restrictions on issuance set forth herein, in the Restated 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 2 contracts

Sources: Rights Agreement (Covansys Corp), Rights Agreement (Covansys Corp)

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock Stock, Series A 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.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series A B 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.. Section

Appears in 2 contracts

Sources: Rights Agreement (Samsonite Corp/Fl), Rights Agreement (Samsonite Corp/Fl)

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 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 Series A Junior Participating Preferred Stock or 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.

Appears in 2 contracts

Sources: Rights Agreement (La Jolla Pharmaceutical Co), Rights Agreement (Western Digital 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 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 DirectorsStock, subject to the conditions and restrictions on issuance set forth herein.in this Amended and Restated Certificate of Incorporation or in any Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law. Section

Appears in 2 contracts

Sources: Rights Agreement (Medaphis Corp), Rights Agreement (Medaphis 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 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 DirectorsStock, subject to the conditions and restrictions on issuance set forth hereinherein or in the Articles of Incorporation, or as otherwise required by law.

Appears in 2 contracts

Sources: Shareholder Rights Agreement (Nexmed Inc), Shareholder Rights Agreement (Nexmed Inc)

Reacquired Shares. Any shares of Series A A-1 Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

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

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 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.

Appears in 2 contracts

Sources: Rights Agreement (Cytyc Corp), Rights Agreement (Cytyc Corp)

Reacquired Shares. Any shares of Class 1 Series A Junior ----------------- Participating 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 any conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Sources: Rights Agreement (Wit Capital Group Inc), Rights Agreement (Wit Capital Group Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 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.

Appears in 2 contracts

Sources: Section 382 Rights Agreement (Parker Drilling Co /De/), Rights Agreement (Parker Drilling Co /De/)

Reacquired Shares. Any shares of Series A Junior Participating 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 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.

Appears in 2 contracts

Sources: Rights Agreement (Geon Co), Rights Agreement (First American Financial Corp)

Reacquired Shares. Any shares of Series A D Junior Participating 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Sources: Rights Agreement, Rights Agreement (Borland Software Corp)

Reacquired Shares. Any shares of Series A Junior Participating 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 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.

Appears in 2 contracts

Sources: Rights Agreement (Itex Corp), Rights Agreement (Itex 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 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 Directors pursuant to the conditions and restrictions on issuance set forth hereinprovisions of the Certificate of Incorporation.

Appears in 2 contracts

Sources: Rights Agreement (Columbus McKinnon Corp), Rights Agreement (Columbus McKinnon Corp)

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock Shares 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 retirement 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.

Appears in 2 contracts

Sources: Rights Agreement (Stanley Works LTD), Rights Agreement (Stanley Works)

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 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 to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinherein or in the Restated Certificate of Incorporation, including any Certificate of Designations creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Appears in 2 contracts

Sources: Rights Agreement (Bill Barrett Corp), Rights Agreement (Bill Barrett Corp)

Reacquired Shares. Any shares of Series A Class D 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.

Appears in 2 contracts

Sources: Amalgamation Agreement (NTL Inc /De/), Agreement and Plan of Amalgamation (Comcast Uk Cable Partners LTD)

Reacquired Shares. Any shares of Series A Class C 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.

Appears in 2 contracts

Sources: Amalgamation Agreement (NTL Inc /De/), Agreement and Plan of Amalgamation (Comcast Uk Cable Partners LTD)

Reacquired Shares. Any shares of Series A 1999 Junior Participating 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 hereinherein or in the Restated Certificate of Incorporation of the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Southtrust Corp), Rights Agreement (Southtrust 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 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.. Section

Appears in 2 contracts

Sources: Rights Agreement (Family Bargain Corp), Rights Agreement (Family Bargain Corp)

Reacquired Shares. Any shares of Series A B Junior Participating 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 DirectorsStock, subject to the conditions and restrictions on issuance set forth hereinin this Amended and Restated Certificate of Incorporation or in any Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

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

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 DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Articles or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Sources: Tax Benefit Preservation Plan (Aetrium Inc), Tax Benefit Preservation Plan (Aetrium Inc)

Reacquired Shares. Any shares of Series A Junior Participating 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 to be created by resolution or resolutions shares of the Board of Directors, subject to the conditions and restrictions on issuance set forth hereinpreferred stock.

Appears in 2 contracts

Sources: Rights Agreement (Excel Industries Inc), Rights Agreement (Excel Industries Inc)

Reacquired Shares. Any shares of Series A Junior Participating Preferred Preference 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 Preference Stock and may be reissued as part of a new series of Preferred Preference Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein.

Appears in 2 contracts

Sources: Rights Agreement (South Jersey Industries Inc), Rights Agreement (South Jersey Industries Inc)

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.

Appears in 2 contracts

Sources: Rights Agreement (Norfolk Southern Corp), Rights Agreement (Norfolk Southern Corp)

Reacquired Shares. Any shares of Series A __ Junior Participating Cumulative 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 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.

Appears in 2 contracts

Sources: Shareholder Protection Rights Agreement (Post Holdings, Inc.), Shareholder Protection Rights Agreement (Post Holdings, Inc.)