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

Reservation and Availability of Shares of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of 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(b) Event or a Section 13 Event, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement.

Appears in 19 contracts

Samples: Rights Agreement (United Therapeutics Corp), Rights Agreement (Hearx LTD), Rights Agreement (Butler National Corp)

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Reservation and Availability of Shares of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of 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 an event specified in Section 11(b) Event or a Section 13 Eventhereof, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement.

Appears in 6 contracts

Samples: Rights Agreement (Insituform Technologies Inc), Rights Agreement (Insituform Technologies Inc), Rights Agreement (Coeur D Alene Mines Corp)

Reservation and Availability of Shares of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of an event described in Section 11(a)(ii) or 13, out of its authorized and issued unissued shares of Preferred Common Stock held in its treasuryand/or other securities), the number of shares of Preferred Stock that (and, following the occurrence of an event described in Section 11(a)(ii) or 13, Common Stock and/or other securities) that, as provided in this Agreement including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights and, after the occurrence of a Section 11(b) Event or a Section 13 Event, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights AgreementRights.

Appears in 5 contracts

Samples: Rights Agreement (Ciprico Inc), Rights Agreement (Datakey Inc), Rights Agreement (Northwest Teleproductions Inc)

Reservation and Availability of Shares of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of 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(b) Event or a Section 13 Event, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement.

Appears in 5 contracts

Samples: Rights Agreement (Worldcom Inc/ga//), Rights Agreement (Worldcom Inc/ga//), Rights Agreement (Reinsurance Group of America Inc)

Reservation and Availability of Shares of Preferred Stock. (a) The Subject to the Company’s rights under Section 11(c), the Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of 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(b) Event or a Section 13 Event, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement.

Appears in 4 contracts

Samples: Protection Rights Agreement (Ralcorp Holdings Inc /Mo), Protection Rights Agreement (Post Holdings, Inc.), Protection Rights Agreement (Post Holdings, Inc.)

Reservation and Availability of Shares of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its out of authorized and issued shares of Preferred Stock held in its treasury, the such number of shares of Preferred Stock that as will from time to time be sufficient to permit the exercise in full of all outstanding Rights and, after the occurrence of a Section 11(b) Event or a Section 13 Triggering Event, shall shall, to the extent reasonably practicable, so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock (and/or other securities securities) which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreementall outstanding Rights.

Appears in 3 contracts

Samples: Rights Agreement (Inspire Insurance Solutions Inc), Rights Agreement (Millers Mutual Fire Insurance Co), Rights Agreement (Inspire Insurance Solutions Inc)

Reservation and Availability of Shares of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or out of its authorized and issued shares of Preferred Stock held in its treasury, the such number of shares of Preferred Stock that as will from time to time be sufficient to permit the exercise in full of all outstanding Rights and, after the occurrence of a Section 11(b) Event or a Section 13 Triggering Event, shall shall, to the extent reasonably practicable, so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock (and/or other securities securities) which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreementall outstanding Rights.

Appears in 3 contracts

Samples: Rights Agreement (Sonic Corp), Rights Agreement (Zymetx Inc), Rights Agreement (Sonic Corp)

Reservation and Availability of Shares of Preferred Stock. (a) The Subject to the Company’s rights under Section 11(c), the Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of 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(b) Event or a Section 13 Event, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc), Section 382 Rights Agreement (Reinsurance Group of America Inc)

Reservation and Availability of Shares of Preferred Stock. 10 21 (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of 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 an event specified in Section 11(b) Event or a Section 13 Event11 hereof, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement.

Appears in 1 contract

Samples: Rights Agreement (President Casinos Inc)

Reservation and Availability of Shares of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of 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(b) Event or a Section 13 Event, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement, or otherwise take the actions specified by Section 11 hereof.

Appears in 1 contract

Samples: Rights Agreement (Hearusa Inc)

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Reservation and Availability of Shares of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of 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 an event specified in Section 11(b) Event or a Section 13 Event11 hereof, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement.

Appears in 1 contract

Samples: Rights Agreement (H&r Block Inc)

Reservation and Availability of Shares of Preferred Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of an event described in Section 11(a)(ii) or 13, out of its authorized and issued unissued shares of Preferred Common Stock held in its treasuryand/or other securities), the number of shares of Preferred Stock that (and, following the occurrence of an event described in Section 11(a)(ii) or 13, Common Stock and/or other securities) that, as provided in this Agreement including Section 11(a)(iii), will be sufficient to permit the exercise in full of all outstanding Rights and, after the occurrence of a Section 11(b) Event or a Section 13 Event, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights AgreementRights.

Appears in 1 contract

Samples: Rights Agreement (Waters Instruments Inc)

Reservation and Availability of Shares of Preferred Stock. (a) a. The Company covenants and agrees that it will cause to be reserved and kept <PAGE> 11 available out of its authorized and unissued shares of Preferred Stock or out of its authorized and issued shares of Preferred Stock held in its treasury, the such number of shares of Preferred Stock that as will from time to time be sufficient to permit the exercise in full of all outstanding Rights and, after the occurrence of a an event described in Section 11(b11(a)(ii) Event or a Section 13 Event13(a), shall shall, to the extent reasonably practicable, so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock (and/or other securities securities) which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreementall outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Saks Inc)

Reservation and Availability of Shares of Preferred Stock. (a) The Subject to the Company’s rights under Section 11(c), the Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of Preferred Stock held in its treasury, the number of shares of each series 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(b) Event or a Section 13 Event, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement.

Appears in 1 contract

Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc)

Reservation and Availability of Shares of Preferred Stock. (a) The Subject to the Company’s rights under Section 11(c), the Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or its authorized and issued shares of 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(b) Event or a Section 13 Event, shall so reserve and keep available a sufficient number of shares of Preferred Stock, Common Stock and/or other securities which may be required to permit the exercise in full of the Rights pursuant to this Rights Agreement.. 9

Appears in 1 contract

Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc)

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