Common use of Adjustment Effective as of Future Date; Exercise Clause in Contracts

Adjustment Effective as of Future Date; Exercise. In any case in ------------------------------------------------ which this Section 11 (Adjustment of Purchase Price; Number and Kind of Shares ------------------------------------------------------- or Number of Rights) shall require that an adjustment in the Purchase Price be ------------------- made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event the issuance to the holder of any Right exercised after such record date the number of one one-thousandths of a share of Preferred Stock and other capital stock or securities of the Company, if any, issuable upon such exercise over and above the number of one one-thousandths of a share of Preferred Stock and other capital stock or securities of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; provided, however, that the Company shall deliver to such -------- ------- holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional shares (fractional or otherwise) or securities upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Rights Agreement (Cellstar Corp), Rights Agreement (Cellstar Corp)

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Adjustment Effective as of Future Date; Exercise. In any case in ------------------------------------------------ which this Section 11 (Adjustment of Purchase Price; Number and Kind of Shares ------------------------------------------------------- or Number of Rights) shall require that an adjustment in the Purchase Price be ------------------- made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event the issuance to the holder of any Right exercised after such record date the number of one oneten-thousandths of a share of Preferred Stock and other capital stock or securities of the Company, if any, issuable upon such exercise over and above the number of one oneten-thousandths of a share of Preferred Stock and other capital stock or securities of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; provided, however, that the Company shall deliver to such -------- ------- holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional shares (fractional or otherwise) or securities upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Rights Agreement (Cameron Ashley Building Products Inc), Rights Agreement (Cameron Ashley Building Products Inc)

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