Common use of Reacquired Shares Clause in Contracts

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

Appears in 5 contracts

Sources: Rights Agreement (Youbet Com Inc), Rights Agreement (Hovnanian Enterprises Inc), Rights Agreement (Charter Communications Inc /Mo/)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will 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 created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock Stock), subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 4 contracts

Sources: Rights Agreement (Rocky Brands, Inc.), Rights Agreement (Rocky Brands, Inc.), Rights Agreement (Rocky Shoes & Boots Inc)

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

Appears in 4 contracts

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

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

Appears in 3 contracts

Sources: Rights Agreement (Double Eagle Petroleum Co), Rights Agreement (Double Eagle Petroleum Co), Rights Agreement (Warren Resources Inc)

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

Appears in 3 contracts

Sources: Tax Benefits Preservation Plan (INNOVATE Corp.), Tax Benefits Preservation Plan (INNOVATE Corp.), Tax Benefits Preservation Plan (Hc2 Holdings, Inc.)

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

Appears in 3 contracts

Sources: Rights Agreement (Imclone Systems Inc), Rights Agreement (Imclone Systems Inc/De), Rights Agreement (McMoran Exploration Co /De/)

Reacquired Shares. Any shares of Series B Participating Cumulative Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawIncorporation.

Appears in 3 contracts

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

Reacquired Shares. Any shares of Series B Participating Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 and, in the Restated Certificate of Incorporation of the CompanyIncorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawthen amended.

Appears in 3 contracts

Sources: Preferred Shares Rights Agreement (Phoenix Technologies LTD), Preferred Shares Rights Agreement (Phoenix Technologies LTD), Rights Agreement (Ross Systems Inc/Ca)

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

Appears in 3 contracts

Sources: Rights Agreement (CAPSTONE TURBINE Corp), Rights Agreement (Active Power Inc), Rights Agreement (CAPSTONE TURBINE Corp)

Reacquired Shares. Any shares of Series B Preferred Shares purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 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 of the CompanyIncorporation, or in any other Certificate of Designations Powers, Designations, Preferences and Rights creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Sources: Share Rights Agreement (Secure Computing Corp), Share Rights Agreement (Secure Computing Corp)

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

Appears in 2 contracts

Sources: Rights Agreement (American Medical Security Group Inc), Rights Agreement (American Medical Security Group Inc)

Reacquired Shares. Any shares of Series B Participating Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 and, in the Second Restated Certificate of Incorporation of the CompanyIncorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawthen amended.

Appears in 2 contracts

Sources: Preferred Shares Rights Agreement (Networks Associates Inc/), Preferred Shares Rights Agreement (Networks Associates Inc/)

Reacquired Shares. Any shares Shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, no par value, and may be reissued as part of a new series of Preferred Stock Stock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the CompanyCertificate, or in any other Certificate of Designations Designation creating a series of Preferred Stock Stock, no par value, or any similar stock stock, or as otherwise required restricted by law.

Appears in 2 contracts

Sources: Stockholders Rights Agreement (Furniture Brands International Inc), Stockholders Rights Agreement (Furniture Brands International Inc)

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

Appears in 2 contracts

Sources: Rights Agreement (Multimedia Games Inc), Rights Agreement (Multimedia Games Inc)

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

Appears in 2 contracts

Sources: Securities Purchase Agreement (Biomarin Pharmaceutical Inc), Securities Purchase Agreement (Biomarin Pharmaceutical Inc)

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

Appears in 2 contracts

Sources: Rights Agreement (Pharmchem Laboratories Inc), Rights Agreement (Pharmchem Laboratories Inc)

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

Appears in 2 contracts

Sources: Rights Agreement (Hardinge Inc), Rights Agreement (Avon Products Inc)

Reacquired Shares. Any shares of Series B Preferred Shares purchased or otherwise acquired by the Company in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will upon their retirement and cancellation shall become authorized but unissued Preference Shares, without designation as to series, and such shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject Preference Shares to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation be created by resolution or resolutions of the Company, or Board of Directors in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawaccordance with the Bye-laws.

Appears in 2 contracts

Sources: Subscription Agreement (Forbes Energy Services Ltd.), Subscription Agreement (Forbes Energy Services Ltd.)

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

Appears in 2 contracts

Sources: Rights Agreement (ProPetro Holding Corp.), Stockholder Rights Agreement (Sandridge Energy Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 Board of Preferred Stock subject Directors pursuant to the conditions and restrictions on issuance set forth herein, in provisions of paragraph (b) of Article FOURTH of the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawIncorporation.

Appears in 2 contracts

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

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

Appears in 2 contracts

Sources: Rights Agreement (Triangle Pharmaceuticals Inc), Rights Agreement (Triangle Pharmaceuticals Inc)

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

Appears in 2 contracts

Sources: Rights Agreement (Lilly Eli & Co), Rights Agreement (Lilly Eli & Co)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation of the CompanyIncorporation, 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 (Amerigon Inc), Rights Agreement (Amerigon Inc)

Reacquired Shares. Any shares of Series B Preferred Stock redeemed, purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series B Preferred Participating Cumulative Preference Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Cumulative Preference Stock and may be reissued as part of a new series of Preferred Cumulative 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, in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Sources: Rights Agreement (General Mills Inc), Rights Agreement (General Mills Inc)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Sources: Rights Agreement (Rawlings Sporting Goods Co Inc), Rights Agreement (Quest Resource Corp)

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

Appears in 2 contracts

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

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Series B 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, in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 2 contracts

Sources: Rights Agreement (Spartan Motors Inc), Rights Agreement (Manatron Inc)

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

Appears in 2 contracts

Sources: Rights Agreement (Dynamics Research Corp), Rights Agreement (Dynamics Research Corp)

Reacquired Shares. Any shares of Series B Preferred Stock ----------------- purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the CompanyIncorporation, 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 (Tivo Inc), Rights Agreement (Tivo Inc)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Sources: Merger Agreement (Hospitality Distribution Inc), Rights Agreement (Cec Entertainment Inc)

Reacquired Shares. Any shares of Series B Preferred purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation of the CompanyCorporation, 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: Tax Benefit Preservation Plan (Upland Software, Inc.), Tax Benefit Preservation Plan (Upland Software, Inc.)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 Board of Preferred Stock subject Directors pursuant to the conditions and restrictions on issuance set forth herein, in the Certificate provisions of Incorporation paragraph (b) of the Company, or in any other Certificate Article FOURTH of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.the

Appears in 1 contract

Sources: Rights Agreement (Polaroid Corp)

Reacquired Shares. Any shares of Series B Preferred Shares purchased or ----------------- otherwise acquired by the Company corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereofsuch acquisition. All such shares will 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 by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate Articles of Incorporation of the CompanyIncorporation, 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 1 contract

Sources: Rights Agreement (Act Teleconferencing Inc)

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

Appears in 1 contract

Sources: Rights Agreement (Capital Gold Corp)

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

Appears in 1 contract

Sources: Rights Agreement (Matrix Service Co)

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

Appears in 1 contract

Sources: Rights Agreement (ModusLink Global Solutions Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Series B 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 of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Sources: Rights Agreement (Burlington Northern Santa Fe Corp)

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

Appears in 1 contract

Sources: Rights Agreement (North Country Financial Corp)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will 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 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 of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Sources: Securities Exchange Agreement (Blackboxstocks Inc.)

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

Appears in 1 contract

Sources: Share Exchange Agreement (Wolf Resources, Inc.)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 subject by the Board pursuant to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation provisions of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawArticles.

Appears in 1 contract

Sources: Section 382 Rights Agreement (Oculus Innovative Sciences, Inc.)

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

Appears in 1 contract

Sources: Rights Agreement (Freds Inc)

Reacquired Shares. Any shares Shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, $0.001 par value, and may be reissued as part of a new series of Preferred Stock Stock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the CompanyCertificate, or in any other Certificate of Designations Designation creating a series of Preferred Stock Stock, $0.001 par value, or any similar stock stock, or as otherwise required restricted by law.

Appears in 1 contract

Sources: Rights Agreement (Genvec Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 Corporation’s Board of Directors, subject to the conditions and restrictions on issuance set forth herein, herein and in the Amended and Restated Certificate of Incorporation of the CompanyIncorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawthen amended.

Appears in 1 contract

Sources: Preferred Stock Rights Agreement (Internap Network Services Corp)

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

Appears in 1 contract

Sources: Rights Agreement (Tarrant Apparel Group)

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

Appears in 1 contract

Sources: Rights Agreement (Veterinary Centers of America Inc)

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

Appears in 1 contract

Sources: Rights Agreement (Entercom Communications Corp)

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

Appears in 1 contract

Sources: Rights Agreement (Allied Research Corp)

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

Appears in 1 contract

Sources: Series B Preferred Stock Purchase Agreement (Gilead Sciences Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation of the CompanyIncorporation, 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 1 contract

Sources: Rights Agreement (Bally Total Fitness Holding Corp)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the CompanyIncorporation, 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 1 contract

Sources: Rights Agreement (Phillips Petroleum Co)

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

Appears in 1 contract

Sources: Rights Agreement (Provantage Health Services Inc)

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

Appears in 1 contract

Sources: Rights Agreement (Tri-S Security Corp)

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

Appears in 1 contract

Sources: Tax Benefits Preservation Plan (Centerline Holding Co)

Reacquired Shares. Any shares of Series B Preferred Stock that are purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All Upon their cancellation, all of such shares will upon their cancellation shall become authorized but unissued shares of Preferred Stock and thereafter may be reissued issued as part of a new another series of Preferred Stock Stock, subject to the conditions and restrictions on issuance rights of holders (if any) of shares of Series B Preferred Stock set forth herein, in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawthese resolutions.

Appears in 1 contract

Sources: Rights Agreement (Meridian Resource Corp)

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

Appears in 1 contract

Sources: Rights Agreement (Biocryst Pharmaceuticals Inc)

Reacquired Shares. Any shares of Series B Preferred Preference Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will 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, herein or in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawIncorporation.

Appears in 1 contract

Sources: Rights Agreement (CepTor CORP)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All The corporation shall take all such action as is necessary so that all such shares will upon shall after their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may be reissued as part of a new series of Preferred Stock to be created by Articles of Amendment adopted by the Board of Directors without shareholder action, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Sources: Rights Agreement (Willamette Industries Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will 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 of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Sources: Section 382 Rights Agreement (Winland Electronics Inc)

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

Appears in 1 contract

Sources: Tax Benefit Preservation Plan (Heron Therapeutics, Inc. /De/)

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

Appears in 1 contract

Sources: Rights Agreement (Exigent International Inc)

Reacquired Shares. Any shares of Series B Preferred Stock ----------------- purchased or otherwise acquired by the Company in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the CompanyIncorporation, 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 1 contract

Sources: Rights Agreement (Biolase Technology Inc)

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

Appears in 1 contract

Sources: Rights Agreement (Hudson Global, Inc.)

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

Appears in 1 contract

Sources: Settlement Agreement (Omega Healthcare Investors Inc)

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

Appears in 1 contract

Sources: Tax Benefit Preservation Plan (American Airlines Group Inc.)

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

Appears in 1 contract

Sources: Rights Agreement (Quaker Chemical Corp)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 by the Board of Preferred Stock subject Directors pursuant to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation provisions of the Company, or in any other Certificate first paragraph of Designations creating a series Division II of Preferred Stock or any similar stock or as otherwise required by lawArticle III.

Appears in 1 contract

Sources: Rights Agreement (Pittston Co)

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

Appears in 1 contract

Sources: Rights Agreement (HRG Group, Inc.)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 Board of Preferred Stock subject Directors pursuant to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawIncorporation.

Appears in 1 contract

Sources: Rights Agreement (Quality Dining Inc)

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

Appears in 1 contract

Sources: Rights Agreement (American Bingo & Gaming Corp)

Reacquired Shares. Any shares of Series B Preferred ----------------- Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the CompanyIncorporation, 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 1 contract

Sources: Rights Agreement (Southwest Water Co)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will 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, in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Sources: Rights Agreement (Kerr McGee Holdco Inc)

Reacquired Shares. Any shares of Series B Serial Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will 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 <PAGE> -6- or resolutions of the Corporation's Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawthis Designation.

Appears in 1 contract

Sources: Rights Agreement (Esterline Technologies Corp)

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

Appears in 1 contract

Sources: Rights Agreement (Polymedica Corp)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the CompanyIncorporation, 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 1 contract

Sources: Share Exchange Agreement (Foamex Capital Corp)

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

Appears in 1 contract

Sources: Tax Benefit Preservation Plan (Digirad Corp)

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

Appears in 1 contract

Sources: Rights Agreement (Seagull Energy Corp)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 Board of Preferred Stock subject Directors pursuant to the conditions and restrictions on issuance set forth herein, in provisions of Paragraph B of Article FOURTH of the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawIncorporation.

Appears in 1 contract

Sources: Rights Agreement (First Essex Bancorp Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation of the CompanyIncorporation, 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 1 contract

Sources: Rights Agreement (Unocal Corp)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation of the CompanyIncorporation, or in any Articles of Amendment or such other Certificate of Designations similar document creating a series of Preferred Stock or any similar stock or as otherwise required by law. 5.

Appears in 1 contract

Sources: Rights Agreement (Shopko Stores Inc)

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

Appears in 1 contract

Sources: Deposit Agreement (Textainer Group Holdings LTD)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Sources: Rights Agreement (Med Waste Inc)

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Company corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All The corporation shall take all such action as is necessary so that all such shares will upon shall after their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may be reissued as part of a new series of Preferred Stock to be created by Certificate of Amendment adopted by the Board of Directors without shareholder action, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Sources: Rights Agreement (National Rv Holdings Inc)

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

Appears in 1 contract

Sources: Rights Agreement (D & K Healthcare Resources Inc)

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

Appears in 1 contract

Sources: Rights Agreement (Air T Inc)

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

Appears in 1 contract

Sources: Rights Agreement (Weeks Corp)

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

Appears in 1 contract

Sources: Share Exchange Agreement (La Gear Inc)

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

Appears in 1 contract

Sources: Rights Agreement (Emerson Electric Co)

Reacquired Shares. Any shares of Series B Participating ----------------- Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever will shall be retired and canceled promptly after the acquisition thereof. All such shares will 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 and, in the Restated Certificate of Incorporation of the CompanyIncorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawthen amended.

Appears in 1 contract

Sources: Preferred Shares Rights Agreement (Phoenix Technologies LTD)

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

Appears in 1 contract

Sources: Rights Agreement (Think Partnership Inc)

Reacquired Shares. Any shares of Series B B-2 Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever will shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares will shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new Series B-2 Preferred Stock or of any other series of Preferred Stock subject as designated by the Board of Directors from time to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by lawtime.

Appears in 1 contract

Sources: Preferred Stock Purchase Agreement (Proteo Inc)

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

Appears in 1 contract

Sources: Rights Agreement (Transwitch Corp /De)

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

Appears in 1 contract

Sources: Rights Agreement (Thermo Electron Corp)

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

Appears in 1 contract

Sources: Rights Agreement (AV Homes, Inc.)

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

Appears in 1 contract

Sources: Rights Agreement (Walsh International Inc \De\)

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

Appears in 1 contract

Sources: Rights Agreement (Sunpower Corp)

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

Appears in 1 contract

Sources: Rights Agreement (Cytrx Corp)