Common use of Designation and Number of Shares Clause in Contracts

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 4 contracts

Sources: Rights Agreement (Conrad Industries Inc), Rights Agreement (Horizon Offshore Inc), Rights Agreement (Bnccorp Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000800,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 4 contracts

Sources: Rights Agreement (Netro Corp), Rights Agreement (Netro Corp), Rights Agreement (Netro Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A R Participating Cumulative Preferred Stock" (the "Series A R Preferred Stock"), and the number of shares constituting such series shall be 100,00028,000. Such number of shares of the Series A R Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A R Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 4 contracts

Sources: Tax Benefits Preservation Plan (Citigroup Inc), Exchange Agreement (Citigroup Inc), Exchange Agreement (Citigroup Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0001,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 3 contracts

Sources: Rights Agreement (Modem Media Inc), Rights Agreement (McMoran Exploration Co /De/), Rights Agreement (McMoran Exploration Co /De/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000175,106. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon upon A-1 exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Masco Corp /De/), Rights Agreement (Masco Corp /De/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A C Participating Cumulative Preferred Stock" (the "Series A C Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A C Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Stratus Properties Inc), Rights Agreement (Stratus Properties Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0002,500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Freeport McMoran Copper & Gold Inc), Rights Agreement (At&t Comcast Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Vitesse Semiconductor Corp), Rights Agreement (Florida East Coast Industries Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,0001,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Krispy Kreme Doughnuts Inc), Rights Agreement (Industrial Distribution Group Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Gradall Industries Inc), Rights Agreement (Gradall Industries Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Tribune Publishing Co), Rights Agreement (Tribune Publishing Co)

Designation and Number of Shares. The shares There shall be a series of such series preferred stock that shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0004,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall reduce the number of shares of the Series A Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 2 contracts

Sources: Purchase Agreement (Mihaylo Steven G), Purchase Agreement (Internet America Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (E Trade Group Inc), Rights Agreement (E Trade Group Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000________. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Pitney Bowes Office Systems Inc), Rights Agreement (Imagistics International Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000750,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Trans World Airlines Inc /New/), Rights Agreement (Burns International Services Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Callidus Software Inc), Rights Agreement (Aventine Renewable Energy Holdings Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,00014,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Tax Benefits Preservation Plan (Pmi Group Inc), Tax Benefits Preservation Plan (Pmi Group Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A D Participating Cumulative Preferred Stock" (the "Series A D Preferred Stock"), and the number of shares constituting such series shall be 100,000702,652. Such number of shares of the Series A D Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A D Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (McDermott International Inc), Rights Agreement (McDermott International Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided PROVIDED that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 2 contracts

Sources: Rights Agreement (Thomas & Betts Corp), Rights Agreement (Thomas & Betts Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000250,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (American Italian Pasta Co)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,00010,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Laboratory Corp of America Holdings)

Designation and Number of Shares. The shares of such series shall be designated as "Series A E Participating Cumulative Preferred Stock" (the "Series A Preferred StockSERIES E PREFERRED STOCK"), and the number of shares constituting such series shall be 100,000150,000. Such number of shares of the Series A E Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A E Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Whittaker Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"” (the “Series A Preferred Stock”), and the number of shares constituting such series shall be 100,000200,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (PGT Innovations, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the CorporationCompany.

Appears in 1 contract

Sources: Rights Agreement (Scientific Games Holdings Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,0002,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (V F Corp /Pa/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,0001,200,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Imclone Systems Inc/De)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock, par value $0.01 per share" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0004,400,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Nabisco Group Holdings Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0001,500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided PROVIDED that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Stewart Enterprises Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Suburban Lodges of America Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000150,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Tax Benefits Preservation Plan (First Security Group Inc/Tn)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" Shares” (the "Series A B Preferred Stock"Shares”), and the number of shares constituting such series shall be 100,000750,000. Such number of shares of the Series A B Preferred Stock Shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock Shares to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the CorporationCompany.

Appears in 1 contract

Sources: Tax Benefits Preservation Plan (CLARIVATE PLC)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Florida East Coast Industries Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A G Participating Cumulative Preferred Stock" Shares” (the "Series A G Preferred Stock"Shares”), and the number of shares constituting such series shall be 100,00035,200. Such number of shares of the Series A G Preferred Stock Shares may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A G Preferred Stock Shares to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Tax Benefits Preservation Plan (Porter Bancorp, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000[________]. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (McMoran Exploration Co /De/)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000240,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Spirit Airlines, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A C Participating Cumulative Preferred Stock" (the "Series A C Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A C Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Stratus Properties Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Preference Stock" (the "Series A Preferred B Preference Stock"), and the number of shares constituting such series shall be 100,0001,743,019. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred B Preference Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Sun Co Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,0001,200,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Imclone Systems Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,00050,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (FTS International, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0003,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Shareholder Protection Rights Agreement (Krispy Kreme Doughnuts Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" ", par value $0.01 per share (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (IHS Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000175,106. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Masco Corp /De/)

Designation and Number of Shares. The shares There shall be a series of such series Preferred Stock that shall be designated as "Series A Participating Cumulative Convertible Preferred Stock" (the "Series A Preferred Stock"), ,” and the number of shares constituting such series shall be 100,0008,400 shares. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of DirectorsBoard; provided provided, however, that no decrease shall reduce the number of shares of Series A Convertible Preferred Stock to a number less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other warrants or upon conversion of outstanding securities issued by the Corporation.

Appears in 1 contract

Sources: Series C Preferred Stock and Warrant Purchase Agreement (VirtualScopics, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000300,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Amerin Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000150,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Deltic Timber Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Innotrac Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series SERIES A Participating Cumulative Preferred StockPARTICIPATING CUMULATIVE PREFERRED STOCK" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (National Vision Associates LTD)

Designation and Number of Shares. The shares of such series shall be designated as "Series A G Participating Cumulative Preferred Stock" (the "Series A G Preferred Stock"), and the number of shares constituting such series shall be 100,0002,000,000. Such number of shares of the Series A G Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A G Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Genta Inc De/)

Designation and Number of Shares. The shares There shall be a series of such series Preferred Stock that shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000575,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided provided, however, that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Stockholder Protection Rights Agreement (DMC Global Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000600,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (GAIN Capital Holdings, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" ”, with no par value per share (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000937,500. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (IHS Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0002,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Darden Restaurants Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A C Participating Cumulative Preferred Stock" (the "Series A C Preferred Stock"), and the number of shares constituting such series shall be 100,0001,470,000. Such number of shares of the Series A C Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A C Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Williams Companies, Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000200,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Therasense Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,0002,200,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Texas Instruments Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,000500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Piccadilly Cafeterias Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,00040,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Tax Benefits Preservation Plan (Steel Excel Inc.)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,000250,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the CorporationCompany.

Appears in 1 contract

Sources: Rights Agreement (Mascotech Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Junior Participating Cumulative Preferred Stock" (the "Series SERIES A Preferred StockPREFERRED STOCK"), and the number of shares constituting such series shall be 100,0001,500,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Rj Reynolds Tobacco Holdings Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,00098,184. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (Egames Inc)

Designation and Number of Shares. The shares of such series shall be designated as "Series A B Participating Cumulative Preferred Stock" (the "Series A B Preferred Stock"), and the number of shares constituting such series shall be 100,000400,000. Such number of shares of the Series A B Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A B Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Rights Agreement (R H Donnelley Corp)

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"), and the number of shares constituting such series shall be 100,0001,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Appears in 1 contract

Sources: Tax Benefits Preservation Plan (Triad Guaranty Inc)