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, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 17 contracts
Samples: Rights Agreement (Polaris Industries Inc/Mn), Rights Agreement (Adc Telecommunications Inc), Rights Agreement (Adc Telecommunications 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 SharesShares or any Preferred Shares held in its treasury, the number of Preferred Shares (to the extent available and subject to Section 11(a)(iii) herein) that will be sufficient to permit the exercise in full of all outstanding Rights.
Appears in 5 contracts
Samples: Rights Agreement (Flow International Corp), Rights Agreement (Colorado Medtech Inc), Rights Agreement (Seamed 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 authorized and issued 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 2 contracts
Samples: Rights Agreement (Peoples Heritage Financial Group Inc), Rights Agreement (Banknorth Group Inc/Me)
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 SharesShares or any Preferred Shares held in its treasury, the number of Preferred Shares (and, following the occurrence of a Triggering Event, out of its authorized and unissued Common Shares or any Common Shares held in treasury) that will be sufficient to permit the exercise in full of all outstanding RightsRights in accordance with Section 7 above.
Appears in 1 contract
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 SharesShares 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 Rights then outstanding Rightsin accordance with Section 7.
Appears in 1 contract
Samples: Rights Agreement (Viatel Inc)
