Common use of Reacquired Shares Clause in Contracts

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the 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 9 contracts

Samples: Rights Agreement (Diversa Corp), Rights Agreement (Isis Pharmaceuticals Inc), Rights Agreement (Sibia Neurosciences Inc)

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

Appears in 7 contracts

Samples: Rights Agreement (Touch America Holdings Inc), Rights Agreement (Arena Pharmaceuticals Inc), Credit Agreement (Inamed Corp)

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

Appears in 7 contracts

Samples: Rights Agreement (Odyssey Healthcare Inc), Rights Agreement (Symbion Inc/Tn), Rights Agreement (Symbion Inc/Tn)

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

Appears in 5 contracts

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

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the 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, in the 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 5 contracts

Samples: Rights Agreement (ChinaEdu CORP), Rights Agreement (ChinaEdu CORP), Rights Agreement (Titan Pharmaceuticals Inc)

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

Appears in 4 contracts

Samples: Rights Agreement (Medimmune Inc /De), Rights Agreement Agreement (Medimmune Inc /De), Rights Agreement Agreement (Medimmune Inc /De)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company 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, in the 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 4 contracts

Samples: Rights Agreement (First Priority Group Inc), Rights Agreement (3-D Geophysical Inc), Rights Agreement (3-D Geophysical Inc)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company 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 shares of the same series of Preferred Stock or as part of a new series of Preferred Stock Stock, subject to the conditions and restrictions on issuance set forth herein, in any vote of the Restated Certificate Board of Incorporation, or in any other Certificate Directors of Designation the Corporation creating a series of Preferred Stock or any similar stock Stock, or as otherwise required by law.

Appears in 4 contracts

Samples: Renewed Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme Corp)

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

Appears in 3 contracts

Samples: Rights Agreement (Z Tel Technologies Inc), Rights Agreement (Internet Security Systems Inc/Ga), Rights Agreement (Internet Security Systems Inc/Ga)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the 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 3 contracts

Samples: Rights Agreement (Salix Pharmaceuticals LTD), Rights Agreement (Dataworks Corp), Rights Agreement (Terayon Communication Systems)

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

Appears in 3 contracts

Samples: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (Triumph Group Inc)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company 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 and, in the 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 lawthen amended.

Appears in 3 contracts

Samples: Rights Agreement (Gartner Group Inc), Rights Agreement (Gartner Group Inc), Rights Agreement (Gartner Inc)

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

Appears in 3 contracts

Samples: Rights Agreement (MSC Software Corp), Rights Agreement (Macneal Schwendler Corp), Rights Agreement (Resources Connection Inc)

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

Appears in 2 contracts

Samples: Rights Agreement (Dolan Media CO), Rights Agreement (Kensey Nash Corp)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company 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, in the 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 2 contracts

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

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever (including by redemption or reclassification) shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock preferred stock without designation as to series and may be reissued either as Junior Preferred Stock or as part of a new series of Preferred Stock subject preferred stock to be created by resolution or resolutions of the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock Board or as otherwise required by lawpermitted under the DGCL.

Appears in 2 contracts

Samples: Stockholders' Agreement (Johns Manville Corp /New/), Stockholders' Agreement (Manville Personal Injury Settlement Trust)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Rights Agreement (Giga Tronics Inc), Rights Agreement (Giga Tronics Inc)

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

Appears in 2 contracts

Samples: Rights Agreement (Asyst Technologies Inc /Ca/), Rights Agreement (Aradigm Corp)

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

Samples: Rights Agreement (Amag Pharmaceuticals Inc.), Rights Agreement (Amag Pharmaceuticals Inc.)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Amended 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 2 contracts

Samples: Rights Agreement (Esoft Inc), Rights Agreement (Vixel Corp)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate Articles 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 2 contracts

Samples: 4 Rights Agreement (Ico Inc), Rights Agreement (Ico Inc)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Second 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 2 contracts

Samples: Rights Agreement (Tapestry Pharmaceuticals, Inc), Rights Agreement (Sequenom Inc)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate Articles 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 2 contracts

Samples: Rights Agreement (Fleetboston Financial Corp), Rights Agreement (Fleetboston Financial Corp)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the 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 class or 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 Restated Certificate of IncorporationCharter, or in including any other Certificate of Designation Articles Supplementary creating a new class or series of Preferred Stock or any similar stock Stock, or as otherwise required restricted by law.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Walter Investment Management Corp), Rights Agreement (Walter Investment Management Corp)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the 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 2 contracts

Samples: Rights Agreement (Oak Industries Inc), Rights Agreement (Oak Industries Inc)

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

Samples: Rights Agreement (Avigen Inc \De), Rights Agreement (Avigen Inc \De)

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

Appears in 2 contracts

Samples: Rights Agreement (Power One Inc), Rights Agreement (Ps Group Inc)

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

Appears in 2 contracts

Samples: Rights Agreement (Parker Drilling Co /De/), Rights Agreement (Parker Drilling Co /De/)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the 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. Section 6.

Appears in 1 contract

Samples: Rights Agreement (Dionex Corp /De)

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

Appears in 1 contract

Samples: Rights Agreement (Newfield Exploration Co /De/)

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

Appears in 1 contract

Samples: Rights Agreement (Zymetx Inc)

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

Samples: Rights Agreement (Advanced Radio Telecom Corp)

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

Appears in 1 contract

Samples: Rights Agreement (Globalnet Financial Com Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Inference Corp /Ca/)

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

Appears in 1 contract

Samples: Rights Agreement (Southwest Gas Corp)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company 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 New Preferred Stock Shares and may be reissued as part of a new series of New Preferred Stock Shares subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate Articles of Incorporation, or in any other Certificate of Designation Determination creating a series of New Preferred Stock Shares or any similar stock or as otherwise required by law.

Appears in 1 contract

Samples: Credit Agreement (American States Water Co)

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

Samples: Rights Agreement (Helix Biomedix Inc)

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

Samples: Rights Agreement (Dynavax Technologies Corp)

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

Samples: Rights Agreement (Bioenvision Inc)

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

Appears in 1 contract

Samples: Rights Agreement (Furon Co)

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

Appears in 1 contract

Samples: Rights Agreement (Atp Oil & Gas Corp)

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

Samples: Rights Agreement (Applied Extrusion Technologies Inc /De)

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

Samples: Rights Agreement (Stone Energy Corp)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the Company 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 by reissued as part of a new series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Qualcomm Inc/De)

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

Appears in 1 contract

Samples: Rights Agreement (Exar Corp)

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

Appears in 1 contract

Samples: Rights Agreement (Fritz Companies Inc)

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

Samples: Rights Agreement (Marine Drilling Companies Inc)

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

Samples: Rights Agreement (Cytotherapeutics Inc/De)

Reacquired Shares. Any shares of Junior Preferred Stock purchased or otherwise acquired by the 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 class or series of Preferred Stock subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation creating a class or series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Ribapharm Inc)

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

Samples: Rights Agreement (Dendreon Corp)

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

Appears in 1 contract

Samples: Rights Agreement (Apogee Enterprises Inc)

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