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

Reservation and Availability of Preferred Stock. 9.1. The Corporation covenants and agrees that, at all times prior to the occurrence of a Section 11.1.2 Event, it will cause to be reserved and kept available out of its authorized and unissued Preferred Stock, or any authorized and issued Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights and, after the occurrence of a Section 11.1.2 Event, shall, to the extent reasonably practicable, so reserve and keep available a sufficient number of shares of Common Stock (and/or other securities) that may be required to permit the exercise in full of the Rights pursuant to this Agreement.

Appears in 16 contracts

Samples: Rights Agreement (Remec Inc), Rights Agreement (Macropore Inc), Rights Agreement (Seattle Filmworks Inc)

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Reservation and Availability of Preferred Stock. 9.1. The Corporation covenants and agrees that, at At all times prior to before the occurrence of a Section 11.1.2 Event, it will the Corporation shall cause to be reserved and kept available out of its authorized and unissued Preferred Stock, or any authorized and issued Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights and, after the occurrence of a Section 11.1.2 Event, shall, to the extent reasonably practicable, so reserve and keep available out of its authorized and unissued shares of Common Stock (or other securities, as appropriate), a sufficient number of shares of Common Stock (and/or or other securities, as appropriate) that may be required to permit the exercise in full of the Rights pursuant to this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Depomed Inc), Rights Agreement (Thoratec Corp)

Reservation and Availability of Preferred Stock. 9.1. The Corporation covenants and agrees that, at At all times prior to before the occurrence of a Section 11.1.2 11 Event, it will the Corporation shall cause to be reserved and kept available out of its authorized and unissued Preferred Stock, or any authorized and issued Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights and, after the occurrence of a Section 11.1.2 11 Event, shall, to the extent reasonably practicable, so reserve and keep available out of its authorized and unissued shares of Common Stock (or other securities, as appropriate), a sufficient number of shares of Common Stock (and/or or other securities, as appropriate) that may be required to permit the exercise in full of the Rights pursuant to this Agreement.

Appears in 1 contract

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

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Reservation and Availability of Preferred Stock. 9.1. (a) The Corporation Company covenants and agrees that, at all times prior to the occurrence of a Section 11.1.2 Event, that it will use its best efforts to cause to be reserved and kept available out of of, and to the extent of, its authorized and unissued Preferred Stock, or any authorized and issued Preferred Stock held in its treasury, the not reserved for another purpose a number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights pursuant to this Agreement and, after the occurrence of a Section 11.1.2 11(a)(ii) Event, shall, to the extent reasonably practicable, so reserve and keep available a sufficient number of shares of Common Stock of the Company (and/or other 12 securities) that which may be required to permit the an exercise in full of the Rights pursuant to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Mobility Electronics Inc)

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