Common use of Availability of Preferred Shares Clause in Contracts

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 19 contracts

Samples: Rights Agreement (Theravance Biopharma Cayman Holdings, Inc.), Rights Agreement (Alteva, Inc.), Rights Agreement (Alteva, Inc.)

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Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares Shares, or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 9 contracts

Samples: Rights Agreement (Hickory Tech Corp), Rights Agreement (C H Robinson Worldwide Inc), Rights Agreement (Efunds Corp)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7.

Appears in 7 contracts

Samples: Rights Agreement (Hanger, Inc.), Rights Agreement (Carbonite Inc), Rights Agreement (MoSys, Inc.)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7.

Appears in 6 contracts

Samples: Rights Agreement (Agere Systems Inc), Rights Agreement (Agere Systems Inc), Rights Agreement (Ucar International Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7 hereof.

Appears in 4 contracts

Samples: Rights Agreement (Gaylord Entertainment Co /De), Rights Agreement (Gaylord Entertainment Co /De), Rights Agreement (Quanta Services Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with

Appears in 3 contracts

Samples: Rights Agreement (Viad Corp), Rights Agreement (Viad Corp), Rights Agreement (Piper Jaffray Companies)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 3 contracts

Samples: Rights Agreement (Otter Tail Power Co), Rights Agreement (Possis Medical Inc), Rights Agreement (Blanch E W Holdings Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered (or evidenced by registration in the Company’s share

Appears in 2 contracts

Samples: Rights Agreement (Louisiana-Pacific Corp), Rights Agreement (Louisiana-Pacific Corp)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares Shares, or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Musicland Stores Corp), Rights Agreement (Universal Hospital Services Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7

Appears in 2 contracts

Samples: Rights Agreement (Hardinge Inc), Agreement (Mirage Resorts Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall at the time of delivery of the certificates for such

Appears in 2 contracts

Samples: Rights Agreement (Tetra Technologies Inc), Rights Agreement (Monterey Resources Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7. The Company

Appears in 1 contract

Samples: Rights Agreement (Water Pik Technologies Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon

Appears in 1 contract

Samples: Rights Agreement (McDonald & Co Investments Inc)

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, or any Preferred Shares held in its treasurytreasury (and, following the occurrence of an event described in Section 11(a)(ii) or Section 13(a), out of its authorized and unissued shares of Common Stock and/or other securities), the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.of

Appears in 1 contract

Samples: Rights Agreement (Corvel Corp)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares 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 (First Albany Companies Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7 hereof. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon

Appears in 1 contract

Samples: Rights Agreement (Kyzen Corp)

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Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the

Appears in 1 contract

Samples: Rights Agreement (Water Pik Technologies Inc)

Availability of Preferred Shares. (a) The Company covenants and -------------------------------- agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with

Appears in 1 contract

Samples: Amended and Restated Rights Agreement (Gemstar International Group LTD)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, treasury the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7 hereof. The

Appears in 1 contract

Samples: Rights Agreement (Shaw Group Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to

Appears in 1 contract

Samples: Rights Agreement (Schweitzer Mauduit International Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.be

Appears in 1 contract

Samples: Rights Agreement (111 Holdings Inc)

Availability of Preferred Shares. (a) 9.1 The Company covenants and agrees that it will cause to be reserved and kept available available, out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7.

Appears in 1 contract

Samples: Section 382 Rights Agreement (LSB Industries Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares (and, following the occurrence of a Trigger Event, out of its authorized and unissued Common Shares and/or other securities or out of its authorized and issued shares held in its treasury) or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with this Agreement.

Appears in 1 contract

Samples: Rights Agreement (California Water Service Group)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares 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 (Laclede Group Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be

Appears in 1 contract

Samples: Rights Agreement (Meritor Automotive Inc)

Availability of Preferred Shares. (a) The Company covenants and agrees that it will use reasonable efforts to cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares 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 (Cryolife Inc)

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