Common use of Reacquired Shares Clause in Contracts

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued, without designation as to series until such shares are once more designated as part of a particular 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 Restated Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 7 contracts

Samples: Benefits Preservation Plan (Sito Mobile, Ltd.), Benefits Preservation Plan (Celadon Group Inc), Benefits Preservation Plan (Alaska Communications Systems Group Inc)

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Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever 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 reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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 7 contracts

Samples: Rights Agreement (Metlife Inc), Rights Agreement (Metlife Inc), Rights Agreement (Phoenix Companies Inc/De)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued, without designation as to series until such shares are once more designated as part of a particular 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 Restated 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 5 contracts

Samples: Benefits Preservation Plan (Support.com, Inc.), Benefits Preservation Plan (Emcore Corp), Benefits Preservation Plan (Support.com, Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued, without designation as to series until such shares are once more designated as part of a particular 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 Amended and Restated 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 5 contracts

Samples: Rights Agreement (hopTo Inc.), Rights Agreement (Support.com, Inc.), Rights Agreement (Highpower International, Inc.)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued, without designation as to series until such shares are once more designated as part of a particular 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 Restated Certificate Articles of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 3 contracts

Samples: Rights Agreement (Inmune Bio, Inc.), Rights Agreement (Inmune Bio, Inc.), Rights Agreement (Turtle Beach Corp)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever 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 reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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 3 contracts

Samples: Rights Agreement (Domtar CORP), Rights Agreement (Bairnco Corp /De/), Rights Agreement (Syniverse Holdings Inc)

Reacquired Shares. Any shares of Series A Junior Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever 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 reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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 3 contracts

Samples: Rights Agreement (WABCO Holdings Inc.), Rights Agreement (WABCO Holdings Inc.), Rights Agreement (American Standard Companies Inc)

Reacquired Shares. Any shares of Series A Junior Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever 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 reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 fourth herein, in the Restated Certificate of Incorporation, 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 3 contracts

Samples: Rights Agreement (Programmers Paradise Inc), Rights Agreement (Programmers Paradise Inc), Rights Agreement (Alexion Pharmaceuticals Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever 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 reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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

Samples: Rights Agreement (Graphic Packaging Corp), Form of Rights Agreement (Riverwood Holding Inc)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever 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 reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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

Samples: Rights Agreement (Owens Corning), Rights Agreement (Owens Corning)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever whatsoever, shall be retired and cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and may be reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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

Samples: Rights Agreement (Graphic Packaging Holding Co), Rights Agreement (New Giant CORP)

Reacquired Shares. Any shares of Series A C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued, without designation as to series until such shares are once more designated as part of a particular 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 Restated 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 2 contracts

Samples: Rights Agreement (Advaxis, Inc.), Rights Agreement (Biospecifics Technologies Corp)

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

Samples: Rights Agreement, Rights Agreement (3d Systems Corp)

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Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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

Samples: Rights Agreement (Comtech Telecommunications Corp /De/), Rights Agreement (National Techteam Inc /De/)

Reacquired Shares. Any shares of Series A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever whatsoever, shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of the Corporation's Preferred Stock and may be reissuedStock, without designation as to series until such shares are once more designated series, 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 and restrictions on issuance set forth herein, in the Restated Certificate of IncorporationCertificate, or in any other Certificate certificate of Designations designations creating a another series of the Corporation's Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Usf Corp)

Reacquired Shares. Any shares of Series A B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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 1 contract

Samples: Rights Agreement (Computer Horizons Corp)

Reacquired Shares. Any shares of Series A Junior Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever 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 reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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 1 contract

Samples: Rights Agreement (Chrysler Corp /De)

Reacquired Shares. Any shares of Series A Junior Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever 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 reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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 1 contract

Samples: Rights Agreement (Chrysler Corp /De)

Reacquired Shares. Any shares of Series A Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever 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 reissuedpreferred stock, without designation as to series until such shares are once more designated series, and may be reissued as part of a particular 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 Restated Certificate of Incorporation, 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 1 contract

Samples: Rights Agreement (Hancock John Financial Services Inc)

Reacquired Shares. Any shares of Series A RP Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall shall, upon their cancellation cancellation, become authorized but unissued shares of Preferred Stock and may be reissued, without designation as to series until such shares are once more designated 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 and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designations certificate or amendment creating a series of Preferred Stock or any similar stock or as otherwise required by law.

Appears in 1 contract

Samples: Rights Agreement (Neurobiological Technologies Inc /Ca/)

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