Common use of Reservation and Availability of Preferred Shares Clause in Contracts

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 212 contracts

Samples: Preferred Stock Rights Agreement (Copart Inc), Preferred Stock Rights Agreement (Commerce One Inc / De/), Shareholders’ Rights Agreement (United Maritime Corp)

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Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the free from preemptive rights or any right of first refusal, a number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 38 contracts

Samples: Rights Agreement (Caci International Inc /De/), Rights Agreement (Regenerx Biopharmaceuticals Inc), Shareholder Rights Agreement (Sanchez Computer Associates Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Shares Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 38 contracts

Samples: Stockholders Rights Agreement (Alma Maritime LTD), Stockholders Rights Agreement (Oceanfreight Inc.), Stockholders Rights Agreement (Castor Maritime Inc.)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued Preferred Shares shares of preferred stock not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 21 contracts

Samples: Preferred Shares Rights Agreement (Pumatech Inc), Preferred Shares Rights Agreement (Threshold Pharmaceuticals Inc), Preferred Shares Rights Agreement (Looksmart LTD)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (andShares, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient required to permit the exercise in full of all outstanding Rights.

Appears in 16 contracts

Samples: Shareholder Rights Agreement (Fiserv Inc), Shareholder Rights Agreement (Plexus Corp), Shareholders Rights Agreement (Midamerican Energy Holdings Co)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities), held in its treasury the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7.

Appears in 11 contracts

Samples: Rights Agreement (Whiting Petroleum Corp), Rights Agreement (Hudson Highland Group Inc), Rights Agreement (Plexus Corp)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of or any Preferred Shares held in its authorized and unissued Common Shares and/or other securities)treasury, the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 8 contracts

Samples: Rights Agreement (Securacom Inc), Rights Agreement (Promedco Management Co), Rights Agreement (Sylvan Learning Systems Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities)Shares, the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 8 contracts

Samples: Rights Agreement (IsoRay, Inc.), Tennant Company (Tennant Co), Share Rights Agreement (Tennant Co)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 7 contracts

Samples: Rights Agreement (Target Corp), Rights Agreement (Target Corp), Share Rights Agreement (Dakota Growers Restructuring Co Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common or any Preferred Shares and/or other securities)held in treasury, the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 6 contracts

Samples: Rights Agreement (Rogue Wave Software Inc /Or/), Rights Agreement (Digi International Inc), Rights Agreement (Digi International Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (andor any Preferred Shares held in its treasury, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or or other securities) that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7 of this Agreement.

Appears in 6 contracts

Samples: Rights Agreement (Cubist Pharmaceuticals Inc), Rights Agreement (Waters Corp /De/), Rights Agreement (Access Pharmaceuticals Inc)

Reservation and Availability of Preferred Shares. (a) The Company Corporation covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 5 contracts

Samples: Shareholders Rights Agreement (Global Ship Lease, Inc.), Shareholders Rights Agreement, Shareholders Rights Agreement (Seaspan CORP)

Reservation and Availability of Preferred Shares. (a) The ------------------------------------------------ Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the free from preemptive rights or any right of first refusal, a number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 5 contracts

Samples: Rights Agreement (Handheld Ultrasound Systems Inc), Rights Agreement (Sonosight Inc), Rights Agreement (Lightbridge Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (andShares, following the occurrence free from preemptive rights or any right of first refusal, a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 5 contracts

Samples: Rights Agreement (Owens & Minor Inc/Va/), Rights Agreement (Pittston Co), Rights Agreement (Oak Hill Financial Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with this Agreement.

Appears in 5 contracts

Samples: Preferred Stock Rights Agreement (Centillium Communications Inc), Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Resonate Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7.

Appears in 4 contracts

Samples: Rights Agreement (Midwest Air Group Inc), Rights Agreement (State Financial Services Corp), Rights Agreement (Gehl Co)

Reservation and Availability of Preferred Shares. (a) ------------------------------------------------- The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the free from preemptive rights or any right of first refusal, a number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 3 contracts

Samples: Rights Agreement (Primex Technologies Inc), Rights Agreement (Primex Technologies Inc), Rights Agreement (Arch Chemicals Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares of each series (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 3 contracts

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

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose or Preferred Shares held in its treasury (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (Abx Air Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (infoGROUP Inc.), Rights Agreement (Outsource International Inc)

Reservation and Availability of Preferred Shares. (a) ------------------------------------------------- The Company covenants and agrees that it will use its best efforts to shall cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the free from preemptive rights or any right of first refusal, a number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Crown Castle International Corp), Rights Agreement (Crown Castle International Corp)

Reservation and Availability of Preferred Shares. (a) The Company Corporation covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the a Triggering Event, Common Shares and/or other securitiesIssuable Securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (National Technical Systems Inc /Ca/), Shareholder Rights Agreement (Community Partners Bancorp)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to shall cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the free from preemptive rights or any right of first refusal, a number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Air Products & Chemicals Inc /De/), Rights Agreement (Newport News Shipbuilding Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its and/or any BACK authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Chindex International Inc), Rights Agreement (Chindex International Inc)

Reservation and Availability of Preferred Shares. (a) 9.1 The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of or any Preferred Shares held in its authorized and unissued Common Shares and/or other securities)treasury, the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of Preferred Shares issuable upon exercise of all outstanding Rights in excess of the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Sohu.com LTD), Shareholder Rights Agreement (Sohu.com LTD)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Section 11(a)(ii) Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Section 11(a)(ii) Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with this Agreement.

Appears in 1 contract

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

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities), held in its treasury the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7 hereof.

Appears in 1 contract

Samples: Rights Agreement (Gehl Co)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common Shares and/or other securities), the number of issued Preferred Shares (andheld in its treasury, following the occurrence free from preemptive rights or any right of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.first

Appears in 1 contract

Samples: Rights Agreement (Telco Systems Inc /De/)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will will, at all times prior to the Expiration Date, use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Preferred Share Rights Agreement (Interwave Communications International LTD)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full pursuant to Section 7 hereof of all outstanding Rights; such number of Preferred Shares reserved and kept available shall be adjusted from time to time, if and to the extent required, upon the occurrence of any of the events described in Section 11 hereof.

Appears in 1 contract

Samples: Rights Agreement (LNB Bancorp Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best reasonable efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Shareholders Rights Agreement (Globus Maritime LTD)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its shares or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the free from preemptive rights or any right of first refusal, a number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Stockholders Rights Agreement (Alteon Inc /De)

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Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securitiessecurities ) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Cyberonics Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the a Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan (Realnetworks Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Shares Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares Stock and/or other securities) that will be sufficient sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Stockholders’ Rights Agreement

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common Shares and/or other securities), the number of issued Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.held

Appears in 1 contract

Samples: Rights Agreement (Telco Systems Inc /De/)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares of the Company and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares of the Company and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement (Critical Path Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued Preferred Shares shares of preferred stock not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Table of Contents Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Watchguard Technologies Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved reserve and kept keep available out of and to the extent of its authorized and unissued Preferred Shares shares of preferred stock not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Data Critical Corp)

Reservation and Availability of Preferred Shares. (a) ------------------------------------------------ The Company covenants and agrees that it will use its best efforts to shall cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common issued Preferred Shares and/or other securities)held in its treasury, the free from preemptive rights or any right of first refusal, a number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Exhibit 6 (Crown Castle International Corp)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Shares Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Shareholders Rights Agreement (Genco Shipping & Trading LTD)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities)purpose, the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Shareholders Rights Agreement (Safe Bulkers, Inc.)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued shares of Preferred Shares Stock not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Shares Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.Preferred

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Novell Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its or any authorized and unissued Common Shares and/or other securities), the number of issued Preferred Shares (andheld in its treasury, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.free from preemptive rights or any

Appears in 1 contract

Samples: Rights Agreement (Cohr Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.Common

Appears in 1 contract

Samples: Rights Agreement (Heilig Meyers Co)

Reservation and Availability of Preferred Shares. (a) a. The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7.

Appears in 1 contract

Samples: Rights Agreement (Pentair Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will from time to time be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Arris Group Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.another

Appears in 1 contract

Samples: Rights Agreement (Adaptec Inc)

Reservation and Availability of Preferred Shares. (a) .1 The Company Corporation covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the a Triggering Event, Common Shares and/or other securitiesIssuable Securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Univest Corp of Pennsylvania)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Form of Shareholders Rights Agreement (Stalwart Tankers Inc.)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued Preferred Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Shares Rights Agreement (Sun Microsystems Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued shares of Preferred Shares Stock not reserved for another purpose purpose, or any Preferred Shares held in its treasury if then permitted by applicable law (and, following the occurrence of a Triggering Eventan event described in Section 11(a)(ii) or Section 13(a), out of its authorized and unissued shares of Common Shares Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Eventany such event, Common Shares Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Meadowbrook Insurance Group Inc)

Reservation and Availability of Preferred Shares. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued Preferred Shares shares of preferred stock not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Shares Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Shares Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Collagen Aesthetics Inc)

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