Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000, of which 350,000,000 shares shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.0001 per share.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Chaparral Energy, Inc.), Agreement and Plan of Reorganization (United Refining Energy Corp)

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FOURTH. The total aggregate number of shares of all classes of capital stock which that the Corporation shall have authority to issue is 360,000,0001,000 shares of common stock, of which 350,000,000 shares shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.0001 0.01 per share.. FIFTH:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Navigant Consulting Inc), Agreement and Plan of Merger (Cambium Learning Group, Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000300,000,000, of which 350,000,000 shares shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the Stock, par value of $.0001 .01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 per share.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Basic Energy Services Inc), Agreement and Plan of Merger (Grey Wolf Inc)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000500,000,000 shares, consisting of which 350,000,000 475,000,000 shares shall be of Common Stock of the Stock, par value of $.0001 .10 per share (the "Common Stock") and 10,000,000 25,000,000 shares shall be of Preferred Stock of the Stock, par value of $.0001 .10 per shareshare (the "Preferred Stock").

Appears in 2 contracts

Samples: Merger Agreement (Unum Corp), Merger Agreement (Provident Companies Inc /De/)

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have authority is authorized to issue is 360,000,000211,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of shares of Common Stock that the Corporation is authorized to issue is 1,000 shares, par value $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 350,000,000 shares 200,000 shares, par value $0.01 per share, shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be designated “Series I Preferred Stock of the par value of $.0001 per shareStock.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Rouse Properties, Inc.), Agreement and Plan of Merger (Brookfield Asset Management Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000160,000,000, of which 350,000,000 shares shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.0001 .01 per share.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Chaparral Energy, Inc.), Agreement and Plan of Merger (Chaparral Energy, Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation corporation shall have authority to issue is 360,000,000Three Thousand (3,000) shares of Common Stock, of which 350,000,000 shares shall be Common Stock of the $0.01 par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.0001 per share, amounting in the aggregate to Thirty Dollars ($30.00) of capital stock.

Appears in 1 contract

Samples: Agreement (WHX Corp)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000one hundred (100) shares, of which 350,000,000 shares shall be Common Stock shares of the common stock with a par value of $.0001 0.01 per share and 10,000,000 shares shall be Preferred Stock share. FIFTH: The following provisions are inserted for the management of the par value business and the conduct of $.0001 per share.the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholders:

Appears in 1 contract

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

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,0001,000 shares of common stock, par value $0.01 per share. Except as otherwise provided by law, the shares of which 350,000,000 shares shall be Common Stock stock of the par value Corporation may be issued by the Corporation from time to time in such amounts, for such consideration and for such corporate purposes as the board of $.0001 per share and 10,000,000 shares shall be Preferred Stock directors of the par value Corporation (the “Board of $.0001 per shareDirectors”) may from time to time determine.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Thermadyne Holdings Corp /De)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000one thousand (1,000) shares of common stock, par value $0.01 per share (Common Stock). Each holder of which 350,000,000 shares shall be Common Stock shall have one vote in respect of each share of Common Stock held by such holder of record on the books of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock Corporation on all matters on which stockholders of the par value of $.0001 per shareCorporation are entitled to vote.

Appears in 1 contract

Samples: Agreement and Plan of Merger (GCP Applied Technologies Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000, of which 350,000,000 shares shall be Common Stock of the with a par value of $.0001 per share (the "Common Stock") and 10,000,000 1,000,000 shares shall be Preferred Stock of the with a par value of $.0001 per shareshare (the "Preferred Stock").

Appears in 1 contract

Samples: Employment Agreement (Prospect Acquisition Corp)

FOURTH. (a) The amount of the total number authorized capital stock of this Corporation shall be up to 216,657,212 shares, divided as follows: (i) 120,000,000 shares of all classes Common Stock, par value $0.01 per share (the “Common Stock”), and (ii) 96,657,212 shares of capital stock which Preferred Stock, par value $0.01 per share (the Corporation shall have authority to issue is 360,000,000“Preferred Stock”), of which 350,000,000 shares shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.0001 per share.which:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Metastorm Inc)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 360,000,000, 36,000,000 of which 350,000,000 35,000,000 shares shall be Common Stock of the par value of $.0001 0.001 per share share, and 10,000,000 1,000,000 shares shall be Preferred Stock of the par value of $.0001 0.001 per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Healthcare Acquisition Corp)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000three thousand (3,000) shares of Common Stock, of which 350,000,000 shares shall be Common Stock par value $.01 per share. FIFTH: The name and address of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.0001 per share.sole incorporator is as follows: NAME ADDRESS

Appears in 1 contract

Samples: Agreement and Plan of Merger (Iconix Brand Group, Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000Sixty Million (60,000,000), divided into Fifty Million (50,000,000) shares of which 350,000,000 shares shall be Common Stock of the par value of one cent ($.0001 0.01) per share and 10,000,000 Ten Million (10,000,000) shares shall be of Preferred Stock of the par value of one cent ($.0001 0.01) per share.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hispanic Television Network Inc)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have Bank has authority to issue is 360,000,0005,000,000 shares, all of which 350,000,000 are shares shall be Common Stock of the common stock with a par value of $.0001 10.00 per share and 10,000,000 shares shall be Preferred Stock of the share, resulting in an aggregate par value of $.0001 per share50,000,000.

Appears in 1 contract

Samples: Farmers & Merchants Bancshares, Inc.

FOURTH. A. The total number of shares of all classes of the capital stock which the Corporation shall have authority to issue of this corporation hereby authorized is 360,000,000205,891,097 divided into 5,891,097 shares of Preferred Stock without par value, and 200,000,000 shares of which 350,000,000 shares shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.0001 per share0.01 each.

Appears in 1 contract

Samples: Reclassification Agreement (BESSEMER TRUST Co NATIONAL ASSOCIATION)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000, 600,000,000 of which 350,000,000 500,000,000 shares shall be Common Stock of the par value of $.0001 0.0001 per share and 10,000,000 100,000,000 shares shall be Preferred Stock of the par value of $.0001 0.0001 per share.

Appears in 1 contract

Samples: Business Combination Agreement (Leo Holdings Corp.)

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FOURTH. (A) The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000275,000,000 shares of capital stock ("Capital Stock"), consisting of which 350,000,000 250,000,000 shares shall be of Common Stock of the Stock, par value of $.0001 0.01 per share ("Common Stock"), and 10,000,000 25,000,000 shares shall be Preferred Stock of the preferred stock, par value of $.0001 0.01 per shareshare ("Preferred Stock").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kansas City Power & Light Co)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,0001,100,000,000, consisting of: (x) 1,000,000,000 shares of which 350,000,000 Common Stock, par value $0.01 per share (the “Common Stock”), issuable in two classes as hereinafter provided, and (y) 100,000,000 shares of Preferred Stock, par value $1.00 per share (the “Preferred Stock”), issuable in one or more series as hereinafter provided in paragraph 11 of this Article Fourth. The Common Stock shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.0001 per share.issuable in classes as follows:

Appears in 1 contract

Samples: Registration Rights Agreement (Jackson Financial Inc.)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 360,000,000Fifty million shares comprised of (i) Forty Five Million (45,000,000) shares of Common Stock, $0.0001 par value per share (“Common Stock”), and (ii) Five Million (5,000,000) shares of which 350,000,000 shares shall be Common Stock Preferred Stock, $0.0001 par value per share (“Preferred Stock”). The following is a statement of the par value designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of $.0001 per share and 10,000,000 shares shall be Preferred Stock each class of capital stock of the par value of $.0001 per shareCorporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Robcor Properties Inc)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000, one thousand (1,000) shares of which 350,000,000 shares shall be Common Stock of the common stock having a par value of $.0001 per share and 10,000,000 0.01. Except as otherwise provided by law, the shares shall be Preferred Stock of stock of the par value Corporation may be issued by the Corporation from time to time in such amounts, for such consideration and for such corporate purposes as the Board of $.0001 per shareDirectors may from time to time determine.

Appears in 1 contract

Samples: Agreement and Plan of Merger (L-1 Identity Solutions, Inc.)

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have has the authority to issue is 360,000,000, of which 350,000,000 shares shall be Common Stock 2,000, consisting of the 1,000 shares (each, a “Preferred Share”) of preferred stock, par value of $.0001 0.001 per share (“Preferred Stock”) and 10,000,000 1,000 shares shall be Preferred Stock of the common stock, par value of $.0001 0.001 per shareshare (“Common Stock”).

Appears in 1 contract

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

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have has the authority to issue is 360,000,000, of which 350,000,000 shares shall be Common Stock 1,000 shares of the common stock, par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.0001 0.001 per share.. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided that:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rubios Restaurants Inc)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000, 510,000,000 of which 350,000,000 500,000,000 shares shall be Common Stock of the Stock, par value of $.0001 0.0001 per share (the “Common Stock”), and 10,000,000 shares shall be Preferred Stock par value $0.0001 per share (the “Preferred Stock”). The designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the par value of $.0001 per share.Corporation are as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Nesco Holdings, Inc.)

FOURTH. The total number of shares of all classes of capital stock which the ------ Corporation shall have authority to issue is 360,000,000175,078,160 shares, consisting of which 350,000,000 (i) 142,656,279 shares shall be of Common Stock of the Stock, par value of $.0001 .01 per share (the "Common Stock") and 10,000,000 (ii) 32,421,882 shares shall be of Preferred Stock of the Stock, par value of $.0001 .01 per shareshare (the "Preferred Stock").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Algos Pharmaceutical Corp)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000175,078,160 shares, consisting of which 350,000,000 (i) 142,656,279 shares shall be of Common Stock of the Stock, par value of $.0001 .01 per share (the "Common Stock") and 10,000,000 (ii) 32,421,881 shares shall be of Preferred Stock of the Stock, par value of $.0001 .01 per shareshare (the "Preferred Stock").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc)

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000Fifty Million (50,000,000) shares of capital stock, consisting of which 350,000,000 Forty-Five Million (45,000,000) shares shall be of Common Stock of the Stock, each having a par value of $.0001 0.001 per share share, and 10,000,000 Five Million (5,000,000) shares shall be of Preferred Stock of the Stock, each having a par value of $.0001 0.001 per share, of which One Million Sixty Thousand (1,060,000) shares shall be designated Series A Convertible Preferred Stock (the "Series A Preferred").

Appears in 1 contract

Samples: Management Services Agreement (Juno Lighting Inc)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 360,000,000100 shares of common stock, par value $0.01 per share (“Common Stock”). Each holder of which 350,000,000 shares shall be Common Stock shall have one vote in respect of each share of Common Stock held by such holder of record on the books of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock Corporation on all matters on which stockholders of the par value of $.0001 per shareCorporation are entitled to vote.

Appears in 1 contract

Samples: Tender and Support Agreement (LogicBio Therapeutics, Inc.)

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