Common use of Designation, Par Value and Amount Clause in Contracts

Designation, Par Value and Amount. The shares of such series shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "Series RP Preferred Stock"), the shares of such series shall be with par value of $.01 per share, and the number of shares constituting such series shall be 700,000; provided, however, that, if more than a total of 700,000 shares of Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 20, 2000, between the Corporation and Mellon Investor Services, L.L.C., as Rights Agent (as amended from time to time, the "Rights Agreement"), the Board of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Articles of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Appears in 2 contracts

Sources: Rights Agreement (Washington Mutual Inc), Rights Agreement (Washington Mutual Inc)

Designation, Par Value and Amount. The shares of such series shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "Series RP Preferred Stock"), the shares of such series shall be with par value of $.01 0.01 per share, and the number of shares constituting such series shall be 700,00010,000; provided, however, that, if more than a total of 700,000 10,000 shares of Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 20September 5, 2000, between the Corporation and Mellon Investor ChaseMellon Shareholder Services, L.L.C., as Rights Agent (as amended from time to time, the "Rights Agreement"), the Board of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Articles Restated Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Appears in 2 contracts

Sources: Rights Agreement (Datron Systems Inc/De), Rights Agreement (Datron Systems Inc/De)

Designation, Par Value and Amount. The shares of such series shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "Series RP Preferred Stock"), the shares of such series shall be with par value of $.01 per share, and the number of shares constituting such series shall be 700,00010,000; provided, however, that, if more than a total of 700,000 10,000 shares of Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 20June 14, 20001999, between the Corporation and Mellon Investor Services, ChaseMellon Shareholder Services L.L.C., as Rights Agent (as amended from time to time, the "Rights Agreement"), the Board of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Articles of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Appears in 2 contracts

Sources: Rights Agreement (Pyramid Breweries Inc), Rights Agreement (Pyramid Breweries Inc)

Designation, Par Value and Amount. The shares of such series shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "Series RP Preferred Stock"), the shares of such series shall be with par value of $.01 per share, and the number of shares constituting such series shall be 700,000105,000; provided, however, that, if more than a total of 700,000 105,000 shares of Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 2016, 20001999, between the Corporation and Mellon Investor Services, ChaseMellon Shareholder Services L.L.C., as Rights Agent (as amended from time to time, the "Rights Agreement"), the Board of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Articles of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Appears in 1 contract

Sources: Subordinated Convertible Debenture Purchase Agreement (Photoworks Inc /Wa)

Designation, Par Value and Amount. The shares of such series shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "Series RP Preferred Stock"), the shares of such series shall be with par value of $.01 0.001 per share, and the number of shares constituting such series shall be 700,0009,500; provided, however, that, if more than a total of 700,000 9,500 shares of Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 20May 29, 20002003, between the Corporation and Mellon Investor ServicesComputershare Trust Company, L.L.C.Inc., as Rights Agent (as amended from time to time, the "Rights Agreement"), the Board of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Articles Restated Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Appears in 1 contract

Sources: Rights Agreement (Macropore Inc)

Designation, Par Value and Amount. The shares of such series shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "Series RP Preferred Stock"), the shares of such series shall be with par value of $.01 1.00 per share, and the number of shares constituting such series shall be 700,000150,000; provided, however, that, if more than a total of 700,000 150,000 shares of Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 2011, 20001998, between the Corporation and Mellon Investor Services, L.L.C.Harr▇▇ ▇▇▇st and Savings Bank, as Rights Agent (as amended from time to time, the "Rights Agreement"), the Board of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Articles Amended and Restated Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Appears in 1 contract

Sources: Rights Agreement (Raychem Corp)

Designation, Par Value and Amount. The shares of such series shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "Series RP Preferred Stock"), the shares of such series shall be with par value of $.01 0.01 per share, and the number of shares constituting such series shall be 700,000140,000; provided, however, that, if more than a total of 700,000 140,000 shares of Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 20on or about June 15, 2000, 2001 between the Corporation and Mellon Investor ServicesServices LLC, L.L.C.a New Jersey limited liability company, as Rights Agent (as amended from time to time, the "Rights Agreement"), the Board of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Articles Restated Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Appears in 1 contract

Sources: Rights Agreement (Remec Inc)