Common use of Designation and Amount Clause in Contracts

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 50,000. Such number of shares may be increased or decreased by resolution of the Board; 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

Sources: Stockholder Rights Agreement (Sandridge Energy Inc), Rights Agreement (Freds 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 50,0002,200,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Temple Inland Inc), Tax Benefit Preservation Plan (Century Aluminum Co)

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 50,0001,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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 2 contracts

Sources: Rights Agreement (Avanir Pharmaceuticals), Rights Agreement (Questcor Pharmaceuticals 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 50,000500,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (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 StockPreferred”) and the number of shares constituting the Series B Preferred Stock shall be 50,000500,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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.

Appears in 2 contracts

Sources: Tax Benefit Preservation Plan (Upland Software, Inc.), Tax Benefit Preservation Plan (Upland 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 50,0001,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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 Participating Junior Participating Preferred Stock" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 50,00030,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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 50,00060,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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 2 contracts

Sources: Rights Agreement (CAPSTONE TURBINE Corp), Rights Agreement (CAPSTONE TURBINE Corp)

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 50,000_________. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines 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 50,000300,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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 50,000200,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Intuit Inc), Rights Agreement (Intuit Inc)

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 50,000one million (1,000,000). Such number of shares may be increased or decreased by resolution of the Board; provided Board of Directors, 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

Sources: 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" (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock shall be 50,000six hundred thousand (600,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Enzon Inc), Rights Agreement (Enzon Inc)

Designation and Amount. The shares There shall be a series of such series Preferred Stock that shall be designated as “Series B Junior Participating Convertible Preferred Stock,(the “Series B Preferred Stock”) and the number of shares constituting such series shall be 4,000,000. The number of shares constituting the Series B Convertible Preferred Stock shall be 50,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Preferred Stock Exchange Agreement (Dolphin Digital Media Inc), Merger 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 50,000200,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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” (the “Series B Preferred Stock”) and the number of shares constituting the Series B Preferred Stock such series shall be 50,000100,000 shares. Such number of shares may be increased or decreased by resolution of the Board; 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

Sources: 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 50,000100,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Curtiss Wright Corp), Rights Agreement (Curtiss Wright 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 50,0001,500,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Lilly Eli & Co), Rights Agreement (Lilly Eli & Co)

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 50,000seven-hundred fifty thousand (750,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Biomarin Pharmaceutical Inc), Rights Agreement (Biomarin Pharmaceutical 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 50,000two hundred fifty thousand (250,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Grey Wolf Inc), Rights Agreement (Grey Wolf 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 50,000is 200,000. Such number of shares may be increased or decreased by resolution of the Board; 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

Sources: 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 50,000[250,000]. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Intuit Inc), Rights Agreement (Intuit Inc)

Designation and Amount. The shares of such series shall be designated as “Series B D Junior Participating Preferred Stock” (the “Series B D Preferred Stock”) and the number of shares constituting the Series B D Preferred Stock shall be 50,000400,000. Such number of shares may be increased or decreased by resolution of the BoardBoard of Directors; provided provided, that no decrease shall reduce the number of shares of Series B D 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 D Preferred Stock.

Appears in 2 contracts

Sources: Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (Pericom Semiconductor 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 50,00040,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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 50,000One Million Two Hundred Thousand ($1,200,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Triangle Pharmaceuticals Inc), Rights Agreement (Triangle Pharmaceuticals 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 50,0002,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Merger Agreement (Hospitality Distribution Inc), Rights Agreement (Cec Entertainment Inc)

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 50,000200,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Section 382 Rights Agreement (Carvana Co.), Section 382 Rights Agreement (Carvana 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 50,000100,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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 StockShares” (the “Series B Preferred StockShares”) and the number of shares constituting the Series B Preferred Stock Shares shall be 50,00032,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Nabors Industries LTD)

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 50,000five hundred thousand (500,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Allied Research Corp)

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 50,0001,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Merge Technologies 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 50,000__________. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Tivo Inc)

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 50,000175,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Section 382 Rights Agreement (Frontier Communications Corp)

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 50,000is 10,000. Such number of shares may be increased or decreased by resolution of the Board; 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

Sources: Rights Agreement (Hovnanian Enterprises Inc)

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 50,000250,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Motorola 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 50,000one hundred thousand (100,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (North Country Financial 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 50,0005,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard of Directors; provided provided, that no -------- decrease shall reduce the number of shares of Series 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

Sources: Rights Agreement (Phillips Petroleum Co)

Designation and Amount. The shares There shall be a series of such series preferred stock that shall be designated as “Series B Junior Participating Cumulative Preferred Stock” (the “Series B Preferred Stock”) ), and the number of shares constituting the Series B Preferred Stock such series shall be 50,00040,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Stockholder Rights Agreement (WisdomTree, 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 50,0002,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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” (the “Series B Preferred Stock”) ), and the number of shares constituting the Series B Preferred Stock such series shall be 50,000100,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Gentiva Health Services 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 50,000250,000 shares of Series B Preferred Stock, no par value. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Tarrant Apparel Group)

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 50,000540,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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 50,000two million (2,000,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (National Instruments Corp)

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 50,000is 100,000. Such number of shares may be increased or decreased by resolution of the Board; 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

Sources: Rights Agreement (Youbet Com 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 50,000forty thousand (40,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Exigent International Inc)

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 50,000200. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Subscription Agreement (Hi Rise Recycling Systems Inc)

Designation and Amount. The shares of such series shall be designated as "Series B Junior Participating Preferred Preference Stock" (the "Series B Preferred Preference Stock") and the number of shares constituting the Series B Preferred Preference Stock shall be 50,00060,000. Such number of shares may be increased or decreased by resolution of the BoardBoard of Directors; provided provided, that no decrease shall reduce the number of shares of Series B Preferred Preference 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 out- standing options, rights or warrants or upon the conversion of any outstanding securities issued by the Corporation convertible into Series B Preferred Preference Stock.

Appears in 1 contract

Sources: Rights Agent Agreement (Mdu Resources Group 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 fifty thousand (50,000) shares. Such number of shares may be increased or decreased by resolution of the Board; 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 Company convertible into Series B Preferred Stock.

Appears in 1 contract

Sources: Rights Agreement (Cytrx Corp)

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 50,000400,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Damark International Inc)

Designation and Amount. The shares of such this series shall be designated as Series B Junior Participating D Preferred Stock” Stock (the “Series B D Preferred Stock”) ), and the number of shares constituting the Series B D Preferred Stock shall be 50,000200,000. Such number of shares may be increased or decreased by resolution of the BoardBoard of Directors; provided that no decrease shall reduce the number of shares of Series B D 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 D Preferred Stock.

Appears in 1 contract

Sources: Section 382 Rights Agreement (Sunnova Energy International 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 50,000100,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Provantage Health Services 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 50,000202,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (ProPetro Holding Corp.)

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 50,000120,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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.

Appears in 1 contract

Sources: Rights Agreement (Benihana Inc)

Designation and Amount. The shares of such series shall be designated as “Series B D Junior Participating Preferred Stock” (the “Series B D Preferred Stock”) and the number of shares constituting the Series B D Preferred Stock shall be 50,000200,000. Such number of shares may be increased or decreased by resolution of the BoardBoard of Directors; provided , that no decrease shall reduce the number of shares of Series B D 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 D Preferred Stock.

Appears in 1 contract

Sources: Rights Agreement (SyntheMed, 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 50,000100,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Immersion Corp)

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 50,000150,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Meridian Industrial Trust Inc)

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 50,000200,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Toro Co)

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 50,00030,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Benihana Inc)

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”) " (the "Series B Preferred Stock"), and the number of shares constituting the Series B Preferred Stock shall be 50,000One Hundred and Twenty-Thousand (120,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Datakey 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 50,0002,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Plexus Corp)

Designation and Amount. The shares of such series shall be designated as “Series B Junior Participating Preferred Stock” (the “Series B Preferred StockPreferred”) and the number of shares constituting the Series B Preferred Stock shall be 50,000140,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (ModusLink Global Solutions Inc)

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 50,000100,000. Such number of shares may be increased or decreased by resolution of the Board; Board of Directors, provided 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

Sources: Stockholders Rights Agreement (Take Two Interactive 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 50,000200,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Hardinge 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 50,000Three Hundred Thousand (300,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Showbiz Pizza Time 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 50,000500,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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 50,000200,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Flow International Corp)

Designation and Amount. The shares of such series shall be designated as “Series B Junior Participating Convertible Preferred Stock” (the “Series B Preferred StockPreferred”) and the number of shares constituting the Series B Preferred Stock shall be 50,0001,250,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Entercom Communications 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 50,0006,500. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (On Semiconductor 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 such series shall be 50,00040,000. Such number of shares may be increased or decreased by resolution of the Board; provided Board of Directors, provided, that no decrease shall reduce the number of shares of Series B Preferred Stock to a number less than that of 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

Sources: Rights Agreement (Texas Industries 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 50,000is 200,000. Such number of shares may be increased or decreased by resolution of the Board; 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

Sources: Rights Agreement (Matrix Service 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 50,000100,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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, $.10 Par Value (the "Series B Preferred Stock") and the number of shares constituting the Series B Preferred Stock such series shall be 50,00075,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Computer Horizons Corp)

Designation and Amount. The shares of such series shall be designated as “Series B "Junior Participating Preferred Stock, Series D" (the "Series B D Preferred Stock") and the number of shares constituting the Series B D Preferred Stock shall be 50,000two million (2,000,000). Such number of shares may be increased or decreased by resolution of the BoardBoard of Directors; provided provided, that no decrease shall reduce the number of shares of Series B D 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 D Preferred Stock.

Appears in 1 contract

Sources: Rights Agreement (Usg Corp)

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 50,00010,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (LEE ENTERPRISES, 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 50,0002,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Avon Products Inc)

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 50,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Pinnacle Airlines Corp)

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 C Preferred Stock shall be 50,000one hundred thousand (100,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Excel Realty Trust 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 50,000One Hundred Thousand (100,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Transwitch Corp /De)

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 50,000100,000. Such number of shares may be increased or decreased by resolution of the Board; 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

Sources: Rights Agreement (Deckers Outdoor Corp)

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 50,000is 1,000,000. Such number of shares may be increased or decreased by resolution of the Board; 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.

Appears in 1 contract

Sources: Rights Agreement (Hudson Global, 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 50,000500,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Level 3 Communications Inc)

Designation and Amount. The shares of such series shall be designated as “Series B Junior Participating Preferred Stock” (the “Series B Preferred StockPreferred”) and the number of shares constituting the Series B Preferred Stock shall be 50,0001,750,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Tax Benefit Preservation Plan (American Airlines Group Inc.)

Designation and Amount. The shares designation 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 described in Article FIRST hereof shall be 50,000"Series B Preferred Stock (par value $.001 per share)." The number of shares of Series B Preferred Stock to be authorized shall be Five Hundred Thousand (500,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Glenborough 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 Preferred Stock”) ), and the number of shares constituting the Series B Preferred Stock shall be 50,0005,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: 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 50,0001,500,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Wesco International Inc)

Designation and Amount. The shares of such series shall be designated as “Series B Junior Participating Preferred Stock, Series D” (the “Series B D Preferred Stock”) ), and the number of shares constituting the Series B D Preferred Stock shall be 50,000Two Million (2,000,000). Such number of shares may be increased or decreased by resolution of the BoardBoard of Directors; provided provided, that no decrease shall reduce the number of shares of Series B D 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 D Preferred Stock.

Appears in 1 contract

Sources: Rights Agreement (Chembio Diagnostics, 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”, no par value (the “Series B Preferred Stock”) ), and the number of shares constituting the Series B Preferred Stock such series shall be 50,000400,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (HCI Group, Inc.)

Designation and Amount. The shares of such series shall be designated as "Series B D Junior Participating Preferred Stock" (the "Series B D Preferred Stock") and the number of shares constituting the Series B D Preferred Stock shall be 50,0001,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard of Directors; provided PROVIDED, that no decrease shall reduce the number of shares of Series B D 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 D Preferred Stock.

Appears in 1 contract

Sources: Rights Agreement (Health Care Property Investors Inc)

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 50,000one million (1,000,000). Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (First Washington Realty Trust 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 50,000650,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Tax Benefit Preservation Plan (Ambac Financial Group Inc)

Designation and Amount. The shares of such the 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 50,0001,000,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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 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 StockShares.

Appears in 1 contract

Sources: Rights Agreement (Genesis Health Ventures Inc /Pa)

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 50,000100,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Alpharma 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 50,00021,500. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Appears in 1 contract

Sources: Rights Agreement (Biocryst Pharmaceuticals 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 50,000one million (1,000,000). Such number of shares may be increased or decreased by resolution of the BoardBoard prior 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

Sources: Rights Agreement (Transkaryotic Therapies Inc)

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 50,000[5,000]. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Ascent Media 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 50,000750,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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

Sources: Rights Agreement (Clear Channel Outdoor Holdings, Inc.)

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 50,000one thousand four hundred (1,400). Such number of shares may be increased or decreased by resolution of the Boardboard of directors; 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

Sources: Rights Agreement (Elite Pharmaceuticals Inc /Nv/)

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 50,000Forty Thousand (40,000). Such number of shares may be increased or decreased by resolution of the BoardBoard prior 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

Sources: Rights Agreement (Thermo Electron Corp)

Designation and Amount. The shares There shall be a series of such series the Preferred Stock which shall be designated as the "Series B Junior Participating Preferred Stock” (the “Series B Preferred Stock”) ," par value $0.001 per share, and the number of shares constituting the Series B Preferred Stock such series shall be 50,00070,000. Such number of shares may be increased or decreased by resolution of the BoardBoard 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 that of the number of shares then 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 StockCompany.

Appears in 1 contract

Sources: Rights Agreement (DHB Industries 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 50,000is 1,575,000. Such number of shares may be increased or decreased by resolution of the Board; 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

Sources: Rights Agreement (Sunpower Corp)