Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Beazer Homes Usa Inc), Rights Agreement (D & K Healthcare Resources Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Tax Benefit Preservation Plan (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.), Rights Agreement (Celeris Corp)
Designation and Amount. The shares of such series shall be designated as "Series B “Junior Participating Preferred Stock" , Series B” (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock shall be 300,000Seventy-Five Thousand (75,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Double Eagle Petroleum Co), Rights Agreement (Double Eagle Petroleum Co)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" Stock (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000_________. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines Corp)
Designation and Amount. The shares of such series shall be designated as "Series B Participating Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,00030,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided PROVIDED, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Pe Corp), Rights Agreement (Pe Corp)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000[250,000]. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Intuit Inc), Rights Agreement (Intuit Inc)
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000two hundred fifty thousand (250,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Grey Wolf Inc), Rights Agreement (Grey Wolf Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,00050,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Stockholder Rights Agreement (Sandridge Energy Inc), Rights Agreement (Freds Inc)
Designation and Amount. The shares of such series shall will be designated as "Series B Junior Participating Preferred Stock" Stock (the "Series B Preferred StockPreferred") and the number of shares constituting the Series B Preferred Stock shall be 300,000is 200,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall will reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred StockPreferred.
Appears in 2 contracts
Samples: Rights Agreement (Multimedia Games Inc), Rights Agreement (Multimedia Games Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Exhibit 22 (Pacific Scientific Co), Rights Agreement (Seagull Energy Corp)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,00040,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Thermo Electron Corp), Rights Agreement (Thermo Electron Corp)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Intuit Inc), Rights Agreement (Intuit Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") ” and the number of shares constituting the Series B Preferred Stock such series shall be 300,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Junior Participating Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the exercise of any options, rights or warrants issuable upon conversion of any outstanding securities issued by the Corporation convertible into Series B Junior Participating Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (American Apparel, Inc), Rights Agreement (American Apparel, Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" , $.001 par value per share (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock shall be 300,000seven-hundred fifty thousand (750,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Biomarin Pharmaceutical Inc), Rights Agreement (Biomarin Pharmaceutical Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Curtiss Wright Corp), Rights Agreement (Curtiss Wright Corp)
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Preferred Stock (the “Series B Junior Preferred Stock" (the "Series B Preferred Stock") ”), and the number of shares constituting the Series B Junior Preferred Stock shall be 300,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Junior Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Junior Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Six Flags Entertainment Corp), Rights Agreement (Six Flags Entertainment Corp)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,0001,500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Lilly Eli & Co), Rights Agreement (Lilly Eli & Co)
Designation and Amount. The shares of such series class shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock such class shall be 300,000one million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided , provided, however that no such decrease shall reduce the number of shares of the Series B Preferred Stock to a number less than the number of shares then outstanding outstanding, plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants warrants, or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Stockholders Rights Agreement (Furniture Brands International Inc), Stockholders Rights Agreement (Furniture Brands International Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,0002,200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Temple Inland Inc), Century Aluminum Co
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000six hundred thousand (600,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 2 contracts
Samples: Rights Agreement (Enzon Inc), Rights Agreement (Enzon Inc)
Designation and Amount. The There shall be a series of Preferred Stock that shall be designated as “Series B Convertible Preferred Stock,” and the number of shares of constituting such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the 4,000,000. The number of shares constituting the Series B Convertible Preferred Stock shall be 300,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series B Convertible Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares reserved for issuance issuable upon the exercise of outstanding optionsrights, rights options or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred StockCorporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Dolphin Digital Media Inc), Preferred Stock Exchange Agreement (Dolphin Digital Media Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "“Series B Preferred Stock") ” and the number of shares constituting the Series B Preferred Stock such series shall be 300,000100,000 shares. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding then‑outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the exercise of any options, rights or warrants issuable upon conversion of any outstanding securities issued by the Corporation convertible into the Series B Preferred Stock.
Appears in 2 contracts
Samples: Tax Benefits Preservation Plan (INNOVATE Corp.), Tax Benefits Preservation Plan (INNOVATE Corp.)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Bally Total Fitness Holding Corp)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,00021,500. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock. A-1 Section 2.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Voting Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Toro Co)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Convertible Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000200. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Registration Rights Agreement (Hi Rise Recycling Systems Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000one million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directorsprior to issuance; provided PROVIDED, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares There shall be a series of such series Preferred Stock that shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock such series shall be 300,000[5,000]. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares reserved for issuance issuable upon the exercise of outstanding optionsrights, rights options or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred StockCorporation.
Appears in 1 contract
Samples: Rights Agreement (Ascent Media CORP)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"Preferred”) and the number of shares constituting the Series B Preferred Stock shall be 300,000140,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred StockPreferred.
Appears in 1 contract
Designation and Amount. The shares There is hereby created a series of such series Preferred Stock that shall be designated as "“Series B Junior Participating Preferred Stock" ”, no par value (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock such series shall be 300,000400,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (HCI Group, Inc.)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") ), and the number of shares constituting the Series B Preferred Stock shall be 300,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Salton Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,000450,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series Class B Junior Participating Preferred Stock" (the "Series Class B Preferred Stock") and the number of shares constituting the Series Class B Preferred Stock shall be 300,000one million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series Class B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series Class B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (First Washington Realty Trust Inc)
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Preferred Stock" Stock (the "“Series B Junior Preferred Stock") ”), and the number of shares constituting the Series B Junior Preferred Stock shall be 300,00060,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, that no decrease shall reduce the number of shares of Series B Junior Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Junior Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and ); the number of shares constituting the Series B Preferred Stock such series shall be 300,000one hundred thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,000540,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (BMC Software Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock shall be 300,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B C Junior Participating Preferred Stock" (the "Series B C Preferred Stock") and the number of shares constituting the Series B C Preferred Stock shall be 300,000150,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided PROVIDED, that no decrease shall reduce the number of shares of Series B C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B C Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into shares of Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Immersion Corp)
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Preferred Stock" Stock (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock shall be 300,000750,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Clear Channel Outdoor Holdings, Inc.)
Designation and Amount. The shares of such series shall be ---------------------- designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000__________. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Tivo Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock," (the "Series B Preferred Stock") par value $.001 per share, and the number of shares constituting the Series B Preferred Stock such series shall be 300,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Junior Participating Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or rights, warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Junior Participating Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be ---------------------- designated as "Series B Junior Participating Preferred Stock" Stock (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock such series shall be 300,000five hundred thousand (500,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Convertible Preferred Stock" ” (the "“Series B Preferred Stock"Preferred”) and the number of shares constituting the Series B Preferred Stock shall be 300,0001,250,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred StockPreferred.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Shopko Stores Inc)
Designation and Amount. The shares of such series shall be designated as "Series B A-2 Junior Participating Preferred Stock" (the "Series B A-2 Preferred Stock") and the number of shares constituting the Series B A-2 Preferred Stock shall be 300,00030,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B A-2 Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.A-2
Appears in 1 contract
Samples: Rights Agreement (Benihana Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "“Series B Preferred Stock"” (the “Series B Preferred Stock”) and the number of shares constituting the Series B Preferred Stock shall be 300,000200,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Hardinge Inc)
Designation and Amount. The shares of such series shall will be designated as "Series B Junior Participating Preferred Stock" Stock (the "“Series B Preferred Stock"Preferred”) and the number of shares constituting the Series B Preferred Stock shall be 300,000is 100,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall will reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company and convertible into Series B Preferred StockPreferred.
Appears in 1 contract
Samples: Rights Agreement (Youbet Com Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B “Junior Participating Preferred Stock" , Series B” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock such series shall be 300,000250,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Motorola Inc)
Designation and Amount. The shares of such series shall be designated as "the “Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock such series shall be 300,000fifty thousand (50,000) shares. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided Board, provided, however that no such decrease shall reduce the number of shares of the Series B Preferred Stock to a number less than the number of shares then outstanding outstanding, plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants warrants, or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Cytrx Corp)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Convertible Preferred Stock" (the "Series B Preferred Stock") ” and the number of shares constituting the Series B Preferred Stock such series shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series B Convertible Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Convertible Preferred Stock.
Appears in 1 contract
Samples: Share Purchase and Merger Agreement (Infrared Systems International)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,000650,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Benefit Preservation Plan (Ambac Financial Group Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B C Junior Participating Preferred Stock" ” (the "“Series B C Preferred Stock"”) and the number of shares constituting the Series B C Preferred Stock shall be 300,0002,500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B C Preferred Stock.
Appears in 1 contract
Samples: Tax Benefit Preservation Plan (West Coast Bancorp /New/Or/)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock such series shall be 300,000100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the exercise of any options, rights or warrants issuable upon conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred StockCorporation.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,0005,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided PROVIDED, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Agreement (Phillips Petroleum Co)
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Preferred Stock" Stock (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock shall be 300,00050,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Section 382 Rights Agreement (Chesapeake Energy Corp)
Designation and Amount. The shares There shall be a series of such series Preferred Stock that shall be designated as "“Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") ” and the number of shares constituting the Series B Preferred Stock such series shall be 300,000One Hundred Thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series B Junior Participating Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Junior Participating Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Vocus, Inc.)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" , $.10 Par Value (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock such series shall be 300,00075,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants to purchase, or upon the conversion of any outstanding securities issued by the Corporation convertible into into, Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Preferred Stock" Stock (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Del Frisco's Restaurant Group, Inc.)
Designation and Amount. The shares of such this series shall be designated as "“Series B Junior Participating Preferred Stock" Shares” (the "“Series B Preferred Stock"Shares”) and the number of shares constituting the Series B Preferred Stock Shares shall be 300,00032,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock Shares to a number less than the number of shares then issued and outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred StockShares.
Appears in 1 contract
Designation and Amount. The shares of such series shall will be designated as "Series B Junior Participating Preferred Stock" Stock (the "“Series B Preferred Stock"Preferred”) and the number of shares constituting the Series B Preferred Stock shall be 300,000is 1,575,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall will reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred StockPreferred.
Appears in 1 contract
Samples: Rights Agreement (Sunpower Corp)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be Three Hundred Thousand (300,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,00050,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Active Power Inc)
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Convertible Preferred Stock" Stock (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock shall be 300,00010,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000One Hundred Thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series class shall be designated as "“Series B C Junior Participating Preferred Stock" ” (the "“Series B C Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock such class shall be 300,000one hundred thousand (100,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided , provided, however that no such decrease shall reduce the number of shares of the Series B C Preferred Stock to a number less than the number of shares then outstanding outstanding, plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants warrants, or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B C Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Office Depot Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,000two million (2,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such preferred stock series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") ), and the number of shares constituting the Series B Preferred Stock shall be 300,000One Hundred and Twenty-Thousand (120,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that PROVIDED, that, no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Datakey Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,000202,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "“Series B H Junior Participating Preferred Stock" ” (the "“Series B H Preferred Stock"”) and the number of shares constituting the Series B H Preferred Stock shall be 300,000one thousand four hundred (1,400). Such number of shares may be increased or decreased by resolution of the Board board of Directorsdirectors; provided provided, that no decrease shall reduce the number of shares of Series B H Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B H Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B “Junior Participating Preferred Stock" , Series B” (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock shall be 300,000One Hundred Fifty Thousand (150,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Preferred Stock" Stock (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock shall be 300,0005,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (HRG Group, Inc.)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,0001,500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series SERIES B Preferred StockPREFERRED STOCK") and the number of shares constituting the Series B Preferred Stock shall be 300,000250,000 shares of Series B Preferred Stock, no par value. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided PROVIDED, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be ---------------------- designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000700,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Tivo Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,0005,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or and warrants or and upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Unocal Corp)
Designation and Amount. The shares of such series class shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock such class shall be 300,000thirty thousand (30,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided , provided, however that no such decrease shall reduce the number of shares of the Series B Preferred Stock to a number less than the number of shares then outstanding outstanding, plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants warrants, or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Genvec Inc)
Designation and Amount. The shares There is hereby created a series of such series Preferred Stock that shall be designated as "“Series B Junior Participating Preferred Stock" ”, $0.01 par value per share (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock such series shall be 300,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Plexus Corp)
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating F Preferred Stock (the “Series F Preferred Stock" (the "Series B Preferred Stock") ”), and the number of shares constituting the Series B F Preferred Stock shall be 300,000two million (2,000,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; without any shareholder approval; provided that no decrease shall reduce the number of shares of Series B F Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B F Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Ashford Inc.)
Designation and Amount. The shares of such series shall will be designated as "Series B Junior Participating Preferred Stock" Stock (the "Series B Preferred StockPreferred") and the number of shares constituting the Series B Preferred Stock shall be 300,000is 10,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall will reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company and convertible into Series B Preferred StockPreferred.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "“Series B A-1 Junior Participating Preferred Stock" ” (the "“Series B A-1 Preferred Stock"”) and the number of shares constituting the Series B A-1 Preferred Stock shall be 300,00070,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B A-1 Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B A-1 Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Benihana Inc)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Agreement (Avon Products Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,0002,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Section 382 Rights Agreement (CNO Financial Group, Inc.)
Designation and Amount. The shares of such series shall be ---------------------- designated as "Series B Junior Participating Preferred Stock" , $.01 Par Value (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock such series shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000One Million Two Hundred Thousand (1,200,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,0006,500. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into or exchangeable for Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") ” and the number of shares constituting the Series B Preferred Stock such series shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Junior Participating Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the exercise of any options, rights or warrants issuable upon conversion of any outstanding securities issued by the Corporation convertible into the Series B Junior Participating Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such this series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000forty thousand (40,000). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided PROVIDED, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "“Series B Preferred Stock") ” and the number of shares constituting the Series B Preferred Stock such series shall be 300,000100,000 shares. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then then-outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the exercise of any options, rights or warrants issuable upon conversion of any outstanding securities issued by the Corporation convertible into the Series B Preferred Stock.
Appears in 1 contract
Samples: Tax Benefits Preservation Plan (Hc2 Holdings, Inc.)
Designation and Amount. The shares There shall be a series of such series Class B Preferred Stock that shall be designated as "Series B A Junior Participating Preferred Stock" (the "Series Class B Preferred Stock") ," and the number of shares constituting the Series B Preferred Stock such series shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Junior Participating Class B Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares reserved for issuance issuable upon the exercise of outstanding optionsrights, rights options or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred StockCorporation.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"”) and the number of shares constituting the Series B Preferred Stock shall be 300,000100,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
Appears in 1 contract
Samples: Rights Agreement (Alpharma Inc)
Designation and Amount. The shares There is hereby created a series of such series Preferred Stock that shall be designated as "“Series B Junior Participating Preferred Stock" ”, $.01 par value per share (the "“Series B Preferred Stock") ”), and the number of shares constituting the Series B Preferred Stock such series shall be 300,0001,000,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
Appears in 1 contract
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000Forty Thousand (40,000). Such number of shares may be increased or decreased by resolution of the Board of Directorsprior to issuance; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Stock.
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Designation and Amount. The shares of such series shall be designated as "“Series B H Junior Participating Preferred Stock" ” (the "“Series B H Preferred Stock"”) and the number of shares constituting the Series B H Preferred Stock shall be 300,00019,200. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, that no decrease shall reduce the number of shares of Series B H Preferred Stock to a number less than the number of shares then then-outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B H Preferred Stock.
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Samples: Tax Benefits Preservation Plan (RiceBran Technologies)
Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Stock" Stock (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 300,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into Series B Preferred Stock.
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Designation and Amount. The shares of such series shall will be designated as "Series B Junior Participating Preferred Stock" Stock (the "“Series B Preferred Stock"Preferred”) and the number of shares constituting the Series B Preferred Stock shall be 300,000is 1,000,000. Such number of shares may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall will reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation Company convertible into the Series B Preferred StockPreferred.
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Designation and Amount. The shares of such series shall be designated as "“Series B A-2 Junior Participating Preferred Stock" ” (the "“Series B A-2 Preferred Stock"”) and the number of shares constituting the Series B A-2 Preferred Stock shall be 300,000120,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B A-2 Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B A-2 Preferred Stock.
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Samples: Rights Agreement (Benihana Inc)
Designation and Amount. The shares of such series shall be designated as "“Series B Junior Participating Preferred Stock" ” (the "“Series B Preferred Stock"Preferred”) and the number of shares constituting the Series B Preferred Stock shall be 300,000500,000. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into or exchangeable for Series B Preferred StockPreferred.
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Samples: Tax Benefit Preservation Plan (Upland Software, Inc.)