Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated as part of a particular series by the Corporation's Board of Directors pursuant to the provisions of Article 3 of the Certificate of Incorporation.
Appears in 3 contracts
Sources: Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial Corp)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Board, subject to the provisions of Article 3 of the Certificate of Incorporationconditions and restrictions on issuance set forth herein.
Appears in 3 contracts
Sources: Stockholder Rights Agreement (CEA Industries Inc.), Rights Agreement (Polymedix Inc), Rights Agreement (Polymedix Inc)
Reacquired Shares. Any shares of Series C Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, Stock without designation as to series until such shares are once more designated and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant to the provisions of Article 3 of as permitted by the Certificate of IncorporationIncorporation or as otherwise permitted under Delaware Law.
Appears in 3 contracts
Sources: Rights Agreement (Stratus Properties Inc), Rights Agreement (Stratus Properties Inc), Rights Agreement (Stratus Properties Inc)
Reacquired Shares. Any shares of Series C C-1 Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated preferred stock and may be reissued as part of a particular new series of preferred stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of the Certificate of Incorporationconditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Sources: Shareholder Rights Agreement (Avant Immunotherapeutics Inc), Shareholder Rights Agreement (Avant Immunotherapeutics Inc)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series by the Corporation's Board of Directors pursuant Preferred Stock subject to the provisions conditions and restrictions on issuance set forth herein, in the certificate of Article 3 incorporation, or in any other certificate of the Certificate designation creating a series of IncorporationPreferred Stock or any similar stock or as otherwise required by law.
Appears in 2 contracts
Sources: Loan and Security Agreement (Image Entertainment Inc), Securities Purchase Agreement (Image Entertainment Inc)
Reacquired Shares. Any shares of Series C Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of the Certificate of Incorporationconditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Sources: Shareholder Rights Agreement (Wyndham International Inc), Shareholder Rights Agreement (Wyndham International Inc)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated as part of a particular series by the Corporation's Board of Directors pursuant to the provisions of Article 3 of the Certificate of Incorporation.Stock and may be reissued
Appears in 2 contracts
Sources: Rights Agreement (Republic Group Inc), Rights Agreement (Republic Group Inc)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series by the Corporation's Board of Directors pursuant Preferred Stock subject to the provisions conditions and restrictions on issuance set forth herein, in the Charter, or in any other articles supplementary creating a series of Article 3 of the Certificate of IncorporationPreferred Stock or any similar stock or as otherwise required by law.
Appears in 2 contracts
Sources: Rights Agreement (Highwoods Properties Inc), Rights Agreement (Highwoods Properties Inc)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stock, without designation as to series until series, and such shares are once more designated may be redesignated and reissued as part of a particular any series by the Corporation's Board of Directors pursuant to the provisions of Article 3 of the Certificate of IncorporationPreferred Stock.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Viacom Inc), Agreement and Plan of Merger (CBS Corp)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolution of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of the Certificate of Incorporationconditions and restrictions on issuance set forth herein.
Appears in 2 contracts
Sources: Settlement Agreement (Optical Coating Laboratory Inc), Settlement Agreement (Optical Coating Laboratory Inc)
Reacquired Shares. Any shares of Series the Class C Preferred Stock redeemed, converted or purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions or restrictions on issuance set forth in the Corporation's Board of Directors pursuant to the provisions of Article 3 of the Certificate of Incorporation.
Appears in 2 contracts
Sources: Stock Exchange Agreement (Defense Technology Systems, Inc.), Stock Exchange Agreement (NewMarket Technology Inc)
Reacquired Shares. Any shares of Series C Preferred Stock purchased redeemed, repurchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock of the Corporation and may be reissued as part of a particular another series by of Preferred Stock of the Corporation's Board of Directors pursuant Corporation subject to the provisions conditions or restrictions on authorizing, creating or issuing any class or series, or any shares of Article 3 of the Certificate of Incorporationany class or series, set forth in Section 3(a).
Appears in 2 contracts
Sources: Securities Purchase Agreement (Prison Realty Trust Inc), Securities Purchase Agreement (Prison Realty Trust Inc)
Reacquired Shares. Any shares of Series C Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of conditions and restrictions on issuance set forth herein and in the Certificate of Incorporation, as then amended.
Appears in 1 contract
Reacquired Shares. Any shares of Series C Preferred Preference Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Preference Stock and may be reissued as part of a particular new series of Preference Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of the Certificate of Incorporationconditions and restrictions on issuance set forth herein.
Appears in 1 contract
Sources: Rights Agreement (Nuco2 Inc /Fl)
Reacquired Shares. Any shares of Series C B Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, Stock without designation as to series until such shares are once more designated and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors as permitted by the Corporation's Board of Directors pursuant to the provisions of Article 3 of the ’s Amended and Restated Certificate of IncorporationIncorporation (as amended) or as otherwise permitted under Delaware law.
Appears in 1 contract
Sources: Stockholder Protection Rights Agreement (DMC Global Inc.)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation Stock that may be reissued as to series until such shares are once more designated as a part of a particular new series by the Corporation's Board of Directors pursuant Preferred Stock, subject to the provisions restrictions set forth in other Certificates of Article 3 Designation, or to Certificates of the Certificate Amendment, creating a series of IncorporationPreferred Stock or any other similar stock or is otherwise required by law.
Appears in 1 contract
Sources: Restructuring Stock Issuance and Subscription Agreement (Omega Healthcare Investors Inc)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of Preferred Stockpreferred stock, without designation as to series until series, and such shares are once more designated may be reissued as part of a particular new series of preferred stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant to the provisions of Article 3 of the Certificate of IncorporationDirectors.
Appears in 1 contract
Sources: Rights Agreement (Heico Corp)
Reacquired Shares. Any shares of Series C Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant to the provisions of Article 3 of the Certificate of IncorporationDirectors.
Appears in 1 contract
Sources: Rights Agreement (Dispatch Management Services Corp)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation automatically and without further Board action become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock that may be reissued as part of a particular new series by the Corporation's Board of Directors pursuant Preferred Stock subject to the provisions conditions and restrictions on issuance set forth herein or in the Charter, including any Articles Supplementary creating a series of Article 3 of the Certificate of IncorporationPreferred Stock or any similar stock, or as otherwise required by law.
Appears in 1 contract
Sources: Rights Agreement (Ashford Inc.)
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereofpromptly. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of conditions and restrictions on issuance set forth herein and in the Restated Certificate of Incorporation, as then amended.
Appears in 1 contract
Sources: Share Exchange Agreement (Phelps Engineered Plastics Corp.)
Reacquired Shares. Any shares of Series C Preferred Preference Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Preference Stock and may be reissued as part of a particular new series of Series C Preference Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of the Certificate of Incorporationconditions and restrictions on issuance set forth herein.
Appears in 1 contract
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Common Stock, without designation as to series until such shares are once more designated as part of a particular series by the Corporation's Board of Directors pursuant to the provisions of Article 3 of the Certificate of Incorporation.
Appears in 1 contract
Reacquired Shares. Any shares of Series C D Preferred Stock redeemed, purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, Stock without designation as to series until such shares are once more designated and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant to the provisions of Article 3 of as permitted by the Certificate of IncorporationIncorporation or as otherwise permitted under Delaware law.
Appears in 1 contract
Sources: Rights Agreement (Practiceworks Inc)
Reacquired Shares. Any shares of Series C Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of conditions and restrictions on issuance set forth herein and in the Restated Certificate of Incorporation, as then amended.
Appears in 1 contract
Sources: Preferred Stock Rights Agreement (Critical Path Inc)
Reacquired Shares. Any shares of Series C C-2 Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated preferred stock and may be reissued as part of a particular new series of preferred stock to be created by an amendment or amendments of the Corporation's articles of incorporation adopted by the Board of Directors pursuant Directors, subject to the provisions of Article 3 of the Certificate of Incorporationconditions and restrictions on issuance set forth herein.
Appears in 1 contract
Reacquired Shares. Any shares of Series C Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated preferred stock and may be reissued as part of a particular new series of preferred stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Board, subject to the provisions of Article 3 of conditions and restrictions on issuance set forth herein and, in the Certificate Articles of Incorporation, as then amended.
Appears in 1 contract
Reacquired Shares. Any shares of Series C Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of the Certificate of Incorporationconditions and restrictions on issuance set forth herein.
Appears in 1 contract
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series by the Corporation's Board of Directors pursuant Preferred Stock subject to the provisions conditions and restrictions on issuance set forth herein, in the Charter, or in any other Articles Supplementary creating a series of Article 3 of the Certificate of IncorporationPreferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall will be retired and canceled promptly after the acquisition thereof. All such shares shall will upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series by the Corporation's Board of Directors pursuant Preferred Stock subject to the provisions of Article 3 of conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Reacquired Shares. Any shares of Series C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series by the Corporation's Board of Directors pursuant Preferred Stock subject to the provisions conditions and restrictions on issuance set forth herein, in the Articles of Article 3 of the Incorporation or in any other Certificate of IncorporationDesignation creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Reacquired Shares. Any shares of Series Class C Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated Stock and may be reissued as part of a particular new series by the Corporation's Board of Directors pursuant Preferred Stock subject to the provisions of Article 3 of conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.
Appears in 1 contract
Reacquired Shares. Any shares of the Series C Preferred Stock redeemed or purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and canceled cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock, without designation as to series until such shares are once more designated unless otherwise provided for in the Certificate of Incorporation of the Corporation, and may be reissued as part of a particular new series of Preferred Stock to be created by resolution or resolutions of the Corporation's Board of Directors pursuant Directors, subject to the provisions of Article 3 of the Certificate of Incorporationconditions or restrictions on issuance set forth herein.
Appears in 1 contract
Sources: Exchange Agreement (Network 1 Security Solutions Inc)