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

Reservation and Availability of Preferred 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 or any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 84 contracts

Samples: Stockholder Rights Agreement (Magenta Therapeutics, Inc.), Stockholder Rights Agreement (WisdomTree, Inc.), Stockholder Rights Agreement (Sensei Biotherapeutics, Inc.)

AutoNDA by SimpleDocs

Reservation and Availability of Preferred Stock. (a) 9.1 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 or any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 5 contracts

Samples: Shareholder Rights Agreement, Shareholder Rights Agreement (Tweeter Home Entertainment Group Inc), Shareholder Rights Agreement (Sohu Com Inc)

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of of, and to the extent of, its authorized and unissued shares of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasury, the not reserved for another purpose a number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock (or other equity securities of the Company) issuable upon exercise of all outstanding Rights in excess of above the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 4 contracts

Samples: Rights Agreement (Crossroads Systems Inc), Rights Agreement (Crossroads Systems Inc), Rights Agreement (Witness Systems Inc)

Reservation and Availability of Preferred 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 or any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Series A Preferred Stock and Series B Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 2 contracts

Samples: Stockholder Rights Agreement (Rapid Micro Biosystems, Inc.), Stockholder Rights Agreement

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that that, from and after the Distribution Date, it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Discovery Laboratories Inc /De/), Shareholder Rights Agreement (Discovery Laboratories Inc /De/)

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will use its commercially reasonable efforts to cause to be reserved and kept available out of of, and to the extent of, its authorized and unissued shares of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasury, the not reserved for another purpose a number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock (or other equity securities of the Company) issuable upon exercise of all outstanding Rights in excess of above the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 2 contracts

Samples: Rights Agreement (Image Entertainment Inc), Rights Agreement (Image Entertainment Inc)

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available available, out of and to the extent of its authorized and unissued shares of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasurynot reserved for another purpose, the a number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock (or other equity securities of the Company) issuable upon exercise of all outstanding Rights in excess of above the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 2 contracts

Samples: Rights Agreement (Think Partnership Inc), Rights Agreement (Sco Group Inc)

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of of, and to the extent of, its authorized and unissued shares of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasury, the not reserved for another purpose a number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable RightsRights in accordance with this Agreement. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock (or other equity securities of the Company) issuable upon exercise of all outstanding Rights in excess of above the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 2 contracts

Samples: Rights Agreement (Valueclick Inc/Ca), Rights Agreement (QRS Corp)

AutoNDA by SimpleDocs

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available available, out of and to the extent of its authorized and unissued shares of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasuryStock, the a number of shares of its Preferred Stock not reserved for another purpose that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock (or other equity securities of the Company) issuable upon exercise of all outstanding Rights in excess of above the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 2 contracts

Samples: Rights Agreement (Elite Pharmaceuticals Inc /Nv/), Rights Agreement (Cheniere Energy Inc)

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will use its best efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued shares of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasury, the not reserved for another purpose a number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock (or other equity securities of the Company) issuable upon exercise of all outstanding Rights in excess of above the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 2 contracts

Samples: Rights Agreement (United Online Inc), Rights Agreement (United Online Inc)

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will shall cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will shall be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Cell Therapeutics Inc)

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that at all times prior to the Expiration Date it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or and/or out of any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable RightsRights in accordance with Section 7 hereof. Upon the occurrence of any events resulting in an the increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of above the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 1 contract

Samples: Rights Agreement (Mullen Automotive Inc.)

Reservation and Availability of Preferred Stock. (a) The Company covenants and agrees that it will use all requisite commercially reasonable efforts to cause to be reserved and kept available out of and to the extent of its authorized and unissued shares Units of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock not reserved for another purpose that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock (or other equity securities of the Company) issuable upon exercise of all outstanding Rights in excess of above the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

Appears in 1 contract

Samples: Rights Agreement (Ask Jeeves Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.