Common use of Reservation and Availability of Capital Stock Clause in Contracts

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) that, as provided in this Agreement including SECTION 11(A)(III) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Integrated Defense Technologies Inc), Rights Agreement (Integrated Defense Technologies Inc)

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Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Common Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its any authorized and issued shares held in its treasury), the number of shares of Preferred Common Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) that, as provided in this Agreement including SECTION 11(A)(IIISection 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Lamar Capital Corp), Shareholder Rights Agreement (Ferro Corp)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or of the Company or other securities, as the case may be) that, as provided in this Agreement (including SECTION 11(A)(IIISection 11(a)(iii) hereof), will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Project Software & Development Inc), Rights Agreement (Project Software & Development Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of the applicable series of Preferred Stock (and, following the occurrence of a Triggering Event, the applicable class or series of Common Stock and/or other securities) that, as provided in this Agreement Agreement, including SECTION 11(A)(IIISection 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Sprint Corp), Rights Agreement (Sprint Corp)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Series A Preferred Stock (and, and following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Series A Preferred Stock (and, following the occurrence of a Triggering Event, shares of Common Stock and/or other securities) that, as provided in this Agreement Agreement, including SECTION 11(A)(IIISection 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Crestline Capital Corp), Rights Agreement (HMC Merger Corp)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares of Common Stock and/or other securities held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) that, as provided in this Agreement Agreement, including SECTION 11(A)(IIISection 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 2 contracts

Samples: Rights Agreement (Exchange National Bancshares Inc), Rights Agreement (Exchange National Bancshares Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering an Adjustment Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering an Adjustment Event, Common Stock and/or other securities) that, as provided in this Agreement including SECTION 11(A)(IIISection 11(a)(ii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Data I/O Corp)

Reservation and Availability of Capital Stock. (a1) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or of the Company or other securities, as the case may be) that, as provided in this Agreement (including SECTION 11(A)(IIISection 11(a)(iii) hereof), will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Renewed Rights Agreement (Houghton Mifflin Co)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or of the Company or other securities) that, as provided in this Agreement (including SECTION 11(A)(IIISection 11(a)(iii) hereof), will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Wang Laboratories Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Class A Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Class A Common Stock and/or other securities) that, as provided in this Agreement Agreement, including SECTION 11(A)(III) hereofSection 11(a)(iii), will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Chicago Mercantile Exchange Inc)

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Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock Shares and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock Shares and/or other securities) that, as provided in this Agreement Agreement, including SECTION 11(A)(IIISection 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Wit Capital Group Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, the applicable series of Common Stock and/or other securities) that, as provided in this Agreement Agreement, including SECTION 11(A)(IIISection 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Sprint Corp)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) that, as provided in this Agreement including SECTION 11(A)(III) hereofSection 11(a)(iii), will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Centene Corp)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) that, as provided in this Agreement including SECTION 11(A)(III11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (Vertex Aerospace Inc)

Reservation and Availability of Capital Stock. (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or of the Company or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or Stock, other securities, cash or other assets of the Company, as the case may be) that, as provided in this Agreement (including SECTION 11(A)(IIISection 11(a)(iii) hereof), will be sufficient to permit the exercise in full of all outstanding Rights.

Appears in 1 contract

Samples: Rights Agreement (LSB Corp)

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