Common use of Cash in Lieu of Fractional Common Shares Clause in Contracts

Cash in Lieu of Fractional Common Shares. The Company is not required to issue fractions of Common Shares or to distribute certificates that evidence fractional Common Shares upon the exercise or exchange of Rights. In lieu of such fractional Common Shares, the Company may pay to the registered holders of Rights Certificates at the time such Rights are exercised or exchanged as provided herein an amount in cash equal to the same fraction of the current market value of a Common Share. For purposes of this Section 14(c), the current market value of a Common Share will be the Current Per Share Market Price of a Common Share, calculated as of the Trading Day immediately prior to the date of such exercise or exchange.

Appears in 22 contracts

Samples: Tax Benefit Preservation Plan (Aviat Networks, Inc.), Tax Benefit Preservation Plan (Aviat Networks, Inc.), Tax Benefit Preservation Plan (Capstone Therapeutics Corp.)

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Cash in Lieu of Fractional Common Shares. The Company is shall not be required to issue fractions of shares of Common Shares Stock or to distribute certificates that which evidence fractional shares of Common Shares Stock upon the exercise or exchange of Rights. In lieu of such fractional shares of Common SharesStock, the Company may shall pay to the registered holders of Rights the Right Certificates at the time such Rights are exercised or exchanged for shares of Common Stock as herein provided herein an amount in cash equal to the same fraction of the current market value of a one share of Common Share. For purposes of this Stock (as determined in accordance with Section 14(c), the current market value of a Common Share will be the Current Per Share Market Price of a Common Share, calculated as of 11(d)(i) hereof) on the Trading Day immediately prior to the date of such exercise or exchange.

Appears in 3 contracts

Samples: Rights Agreement (Aep Industries Inc), Rights Agreement (Sunshine Heart, Inc.), Rights Agreement (Aep Industries Inc)

Cash in Lieu of Fractional Common Shares. The Company is not required to issue fractions of Common Shares or to distribute certificates or create book-entry notations that evidence fractional Common Shares upon the exercise or exchange of Rights. In lieu of such fractional Common Shares, the Company may pay to the registered holders of Rights Certificates at the time such Rights are exercised or exchanged as provided herein an amount in cash equal to the same fraction of the current market value of a Common Share. For purposes of this Section 14(c), the current market value of a Common Share will be the Current Per Share Market Price of a Common Share, calculated as of the Trading Day immediately prior to the date of such exercise or exchange.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (E2open Inc), Preferred Shares Rights Agreement (Smith Micro Software Inc)

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Cash in Lieu of Fractional Common Shares. The Company is not required to issue fractions of Common Shares or to distribute certificates that evidence fractional Common Shares upon the exercise or exchange of Rights. In lieu of such fractional Common Shares, the Company may pay to the registered holders of Rights Certificates at the time such Rights are exercised or exchanged as provided herein in this Agreement an amount in cash equal to the same fraction of the current market value of a Common Share. For purposes of this Section 14(c), the current market value of a Common Share will be the Current Per Share Market Price of a Common Share, calculated as of the Trading Day immediately prior to the date of such exercise or exchange.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Zymeworks Inc.), Rights Agreement

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