The directors may, at any time and from time to time, if all of the shares of capital stock which the corporation is authorized by its certificate of incorporation to issue have not been issued, subscribed for, or otherwise committed to be issued, issue or take subscriptions for additional shares of its capital stock up to the amount authorized in its certificate of incorporation.
Structure Delaware Code
Chapter 1. GENERAL CORPORATION LAW
Subchapter V. Stock and Dividends
§ 151. Classes and series of stock; redemption; rights.
§ 152. Issuance of stock; lawful consideration; fully paid stock.
§ 153. Consideration for stock.
§ 154. Determination of amount of capital; capital, surplus and net assets defined.
§ 157. Rights and options respecting stock.
§ 158. Stock certificates; uncertificated shares.
§ 159. Shares of stock; personal property, transfer and taxation.
§ 161. Issuance of additional stock; when and by whom.
§ 162. Liability of stockholder or subscriber for stock not paid in full.
§ 163. Payment for stock not paid in full.
§ 164. Failure to pay for stock; remedies.
§ 165. Revocability of preincorporation subscriptions.
§ 166. Formalities required of stock subscriptions.
§ 168. Judicial proceedings to compel issuance of new certificate or uncertificated shares.
§ 169. Situs of ownership of stock.
§ 170. Dividends; payment; wasting asset corporations.
§ 171. Special purpose reserves.
§ 172. Liability of directors and committee members as to dividends or stock redemption.