Common use of Appointment of the Rights Agent Clause in Contracts

Appointment of the Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company and the holders of the Rights (who, in accordance with Section 3 hereof, shall be, prior to the Distribution Date, the holders of Common Stock) and in accordance with the express terms and conditions hereof (and no implied terms or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable; provided that the Company shall notify the Rights Agent in writing ten (10) Business Days prior to such appointment. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agents under the provisions of this Agreement shall be as the Company reasonably determines, provided that such duties and determination are consistent with the terms and provisions of this Agreement, and the Company shall notify, in writing, the Rights Agent and any co-Rights Agents of such duties. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such co-Rights Agents.

Appointment of the Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company and the holders of the Rights (who, in accordance with Section 3 hereof, shall be, prior to the Distribution Date, the holders of Common Stock) and in accordance with the express terms and conditions hereof (and no implied terms or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable; provided that the Company shall notify the Rights Agent in writing desirable upon ten (10) Business Days calendar days’ prior written notice to such appointment. In the event the Company appoints one or more co-Rights Agents, Agent setting forth the respective duties of the Rights Agent and any co-Rights Agents under the provisions of this Agreement shall be as the Company reasonably determines, provided that such duties and determination are consistent with the terms and provisions of this Agreement, and the Company shall notify, in writing, the Rights Agent and any co-Rights Agents of such dutiesrights agent. The Rights Agent shall have has no duty to supervise, and shall in no event be liable for, the acts or omissions of any such co-rights agent. If the Company appoints one or more co-rights agents, the respective duties of the Rights AgentsAgent and any co-rights agents shall be determined by the Company; provided, that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appointment of the Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company and the holders of the Rights (who, in accordance with Section 3 hereof, shall be, prior to the Distribution Date, the holders of Common Stock) and in accordance with the express terms and conditions hereof (and no implied terms or and conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable; provided that the Company shall notify the Rights Agent in writing desirable upon ten (10) Business Days calendar days’ prior written notice to such appointment. In the event the Company appoints one or more co-Rights Agents, Agent setting forth the respective duties of the Rights Agent and any co-Rights Agents under the provisions of this Agreement shall be as the Company reasonably determines, provided that such duties and determination are consistent with the terms and provisions of this Agreement, and the Company shall notify, in writing, the Rights Agent and any co-Rights Agents of such dutiesrights agent. The Rights Agent shall have has no duty to supervise, and shall in no event be liable for, the acts or omissions of any such co- rights agent. If the Company appoints one or more co-rights agents, the respective duties of the Rights AgentsAgent and any co-rights agents shall be determined by the Company; provided, that, such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.