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 and to the extent of its authorized and unissued 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 Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Stock and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 23 contracts

Samples: Rights Agreement (Alanco Technologies Inc), Preferred Shares Rights Agreement (Connetics Corp), Preferred Shares Rights Agreement (Ligand Pharmaceuticals Inc)

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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 and to the extent of its authorized and unissued 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 Stock Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Stock Shares and/or other securities) that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 5 contracts

Samples: Preferred Shares Rights Agreement (Oracle Corp), Preferred Shares Rights Agreement (Innerdyne Inc), Preferred Shares Rights Agreement (Oracle Corp /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 and to the extent of its authorized and unissued shares of Preferred Stock not reserved for another purpose (andShares, following the occurrence of a Triggering Event, out of its or any authorized and unissued shares of Common Stock and/or other securities)issued Preferred Shares held in its treasury, the number of Preferred Shares (and, following after the occurrence of the Triggering Eventan event specified in Section 11 and 13 hereof, shall so reserve and keep available a sufficient number of Common Stock 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 (Harvest Natural Resources, Inc.), Rights Agreement (Harvest Natural Resources Inc), Rights Agreement (Harvest Natural Resources 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 Stock Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Stock 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 3 contracts

Samples: Preferred Shares Rights Agreement (Entertainment Distribution Co Inc), Rights Agreement (Forgent Networks Inc), Rights Agreement (Asure Software 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 available, out of and to the extent of its authorized and unissued shares of Preferred Stock not reserved for another purpose Shares (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the a Triggering Event, Common Stock Shares and/or other securities) that will be sufficient (in accordance with the terms of this Agreement, including Section 11(a)(iii)) to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Agouron Pharmaceuticals Inc), Rights Agreement (Agouron Pharmaceuticals 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 Stock not reserved for another purpose Shares, (and, and following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities, or out of any authorized and issued shares held in its treasury), the number of Preferred Shares (and, following the occurrence of the a Triggering Event, Common Stock and/or other securities) that will be sufficient required to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Home Products International Inc), Rights Agreement (Success Bancshares 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 Stock Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Stock 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 1 (Maxxim Medical Inc)

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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 and to the extent of its authorized and unissued shares of Preferred Stock Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Stock 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 (Asure Software 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 Stock preferred stock not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Stock 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 (Mercer 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 and to the extent of its authorized and unissued shares of Preferred Stock Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock Shares and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Stock 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 (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 and to the extent of its authorized and unissued shares of Preferred Stock Shares not reserved for another purpose (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities), the number of Preferred Shares (and, following the occurrence of the Triggering Event, Common Stock 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 (Glenayre Technologies Inc)

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