Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having a par value of one cent ($0.01).

Appears in 7 contracts

Samples: Voting Agreement (Cas Medical Systems Inc), Agreement and Plan of Merger (Stryker Corp), Agreement and Plan of Merger (K2m Group Holdings, Inc.)

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FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having a par value of one cent ($0.01)0.01 per share.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Vitae Pharmaceuticals, Inc), Agreement and Plan of Merger (International Paper Co /New/), Amended and Restated Agreement and Plan of Merger (Specialty Underwriters Alliance, Inc.)

FOURTH. The total number of shares of all classes of stock which the Corporation shall have authority to issue is one thousand (1,000), consisting of 1,000 shares of Common Stock, each having a par value of one cent ($0.01).0.01 per share. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Intercept Pharmaceuticals, Inc.), Agreement and Plan of Merger (Cti Biopharma Corp), Agreement and Plan of Merger (Cti Biopharma Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 One Thousand (1,000) shares. The par value of each such share is $0.001. All such shares are of one class and are shares of Common Stock, each having a par value of one cent ($0.01). FIFTH: The Corporation is to have perpetual existence.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Beckman Coulter Inc), Agreement and Plan of Merger (Biosite Inc), Agreement and Plan of Merger (Inverness Medical Innovations Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 [●] shares of Common Stock, each having a par value of one cent ($0.01)[●] per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Tribune Media Co), Agreement and Plan of Merger (Nexstar Media Group, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having one thousand (1,000) with a par value of one cent ($0.01)0.0001 per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bazaarvoice Inc), Agreement and Plan of Merger (Tangoe Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 one hundred (100) shares of Common Stock, each having a par value of one cent ($0.01).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Biospecifics Technologies Corp), Agreement and Plan of Merger (Endo International PLC)

FOURTH. The total number of shares of capital stock which the Corporation shall have authority to issue is 1,000 shares of Common Stockcommon stock, each having a par value of one cent ($0.01)0.01 per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ixia), Side Agreement (Tekelec)

FOURTH. The total number of shares of capital stock which the Corporation shall have authority to issue is 1,000 One Thousand (1,000) shares of Common Stock, each having common stock with a par value of one cent ($0.01)) per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Supernus Pharmaceuticals, Inc.), Agreement and Plan of Merger (Adamas Pharmaceuticals Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having a par value of one tenth of one cent ($0.010.001).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (MAKO Surgical Corp.), Agreement and Plan of Merger (Stryker Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 100 shares of Common Stock, each having a par value of one cent ($0.01).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Forty Seven, Inc.), Agreement and Plan of Merger (Emc Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having a par value of one cent ($0.01).001.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Crane & Co Inc), Voting Agreement (American Bank Note Holographics Inc)

FOURTH. The total number of shares of stock which the this Corporation shall have authority is authorized to issue is 1,000 is: One Thousand (1,000) shares of Common Stockcommon stock, each having a $0.01 par value of one cent ($0.01)per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Trustco Holdings, Inc.), Agreement and Plan of Merger (Health Fitness Corp /MN/)

FOURTH. The total number of shares of capital stock which the Corporation shall have authority to issue is 1,000 one thousand (1,000) shares, which shall be shares of Common Stock, each having common stock with a par value of one cent ($0.01)0.001 per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Allergan PLC), Agreement and Plan of Merger (Tobira Therapeutics, Inc.)

FOURTH. The total number of shares of capital stock which the Corporation corporation shall have authority to issue is 1,000 shares One Thousand (1,000), all of Common Stockwhich shall be common stock, each having a and the par value of one cent (each such share is $0.01)0.0001.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Radius Health, Inc.), Agreement and Plan of Merger (Radius Health, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority is authorized to issue is 1,000 100 shares of Common Stockcommon stock, each having a par value of one cent ($0.01)0.01 per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Northrop Grumman Corp /De/), Agreement and Plan of Merger (Orbital Atk, Inc.)

FOURTH. The total number of shares of capital stock which the Corporation shall have authority is authorized to issue is 1,000 shares of Common Stock, each having a par value of one cent ($0.01)0.01 per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cephalon Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having one thousand (1,000) with a par value of one cent ($0.01)0.01 per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tellabs Inc)

FOURTH. The total number of shares of capital stock which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having a par value of one cent $0.01 per share ($0.01the “Common Stock”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Smart & Final Inc/De)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 100 shares of Common Stock, each having a par value of one cent xxxxx ($0.01.01).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Solo Texas, LLC)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having a par value of one cent thousandth of one dollar ($0.010.001).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Akcea Therapeutics, Inc.)

FOURTH. The total number of shares of stock which the Corporation ------ shall have the authority to issue is 1,000 shares of common stock, par value $0.01 per share (the "Common Stock, each having a par value of one cent ($0.01").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Corecomm Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority corporation is authorized to issue is 1,000 One Thousand (1,000) shares of Common Stock, each having common stock with a par value of one cent ($0.01)0.0001 per share."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Wolverine Holding Corp.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 1,000 One Hundred Million (100,000,000) shares of Common Stock, each having a par value of one cent $0.01 per share ($0.01Common Stock).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cna Surety Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 10,000 shares of Common Stock, each having a par value of one cent ($0.01)0.00025.

Appears in 1 contract

Samples: Iii Agreement and Plan of Merger (Bioclinica Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 50,000 shares of Common Stock, each having a par value of one cent ($0.01).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alliance HealthCare Services, Inc)

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FOURTH. The total number of shares of stock which that the Corporation Company shall have authority to issue is 1,000 100 shares of capital stock, all of which shall be designated Common Stock, each having a par value of one cent ($0.01)0.001.

Appears in 1 contract

Samples: Agreement and Plan of Merger (IVERIC Bio, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 1000 shares of Common Stock, each having a par value of one cent xxxxx ($0.01.01).

Appears in 1 contract

Samples: Agreement and Plan of Merger (CF Industries Holdings, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 One Hundred (100) shares of Common Stock, each Stock having a par value of one cent $0.01 per share ($0.01the “Common Stock”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ats Corp)

FOURTH. The total number of shares of capital stock which the Corporation shall have authority to issue is 1,000 1,000, all of which shares of Common Stock, each shall be common stock having a par value per share of one cent ($0.01).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bankrate, Inc.)

FOURTH. Section 1. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 shares of Common Stockcommon stock, each having a par value of one cent ($0.01)1.00 per share."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Octel Communications Corp)

FOURTH. The total number of shares of stock which the Corporation shall ------ have the authority to issue is 1,000 shares of common stock, par value $0.01 per share (the "Common Stock, each having a par value of one cent ($0.01").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Corecomm Inc)

FOURTH. The total number of shares of capital stock which the Corporation shall have authority to issue is 1,000 shares of Common Stockcommon stock, each having a par value of one cent ($0.01).01 per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tekelec)

FOURTH. The total number of shares of capital stock which the Corporation shall have authority to issue is 1,000 1,000, all of which shares of Common Stock, each shall be common stock having a par value of one cent ($0.01)0.01 per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sportsman's Warehouse Holdings, Inc.)

FOURTH. The total number of shares of stock which the Corporation ------ shall have authority to issue is 1,000 5,500,000 shares of Common Stock, each having a par value of one cent xxxxx ($0.01.01).

Appears in 1 contract

Samples: Agreement and Plan of Merger and Recapitalization (Xtra Corp /De/)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 one thousand (1000) shares of Common Stock, each having a par value of one cent ($0.01).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Galaxy Dream Corp)

FOURTH. The total number of shares of capital stock which the Corporation shall have authority is authorized to issue is 1,000 shares of Common Stockshares, each having a which shall be designated common stock, par value of one cent ($0.01)0.001 per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Berkeley Lights, Inc.)

FOURTH. The total number authorized capital stock of shares of stock which the Corporation shall have authority to issue is be 1,000 shares of Common Stock, each having a par value of one cent ($0.01)0.01 per share.

Appears in 1 contract

Samples: Agreement of Merger (Arcon Coating Mills Inc)

FOURTH. The total number of shares of stock which the Corporation corporation shall have authority to issue is 1,000 1,000. All such shares of are to be Common Stock, each having a par value of $0.01 per share, and are to be of one cent ($0.01)class.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Amneal Pharmaceuticals, Inc.)

FOURTH. 4.1 The total number of shares of all classes of capital stock which the Corporation corporation shall have authority to issue is 1,000 one thousand (1,000) shares of Common Stock, each having a par value of one cent One Dollar ($0.011.00) per share, amounting in the aggregate to One Thousand Dollars ($1,000).

Appears in 1 contract

Samples: Exhibit 2 Agreement and Plan of Merger (Airborne Inc /De/)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having a par value of one cent ($0.01)0.0001.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vertex Pharmaceuticals Inc / Ma)

FOURTH. The total number of shares of stock which the Corporation shall have the authority to issue is 1,000 1,400,000,000 shares of common stock, par value $0.001 per share (the “Common Stock”). FIFTH: The rights, each having a par value of one cent ($0.01).preferences, privileges and restrictions granted or imposed upon the Common Stock are as follows:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Calpine Corp)

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