Certification of Adjustments. Whenever an adjustment is made as provided in Sections 11 and 13, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior Preferred Shares a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each holder of a Rights Certificate (or, if prior to the Distribution Date, to each holder of a certificate representing Common Shares) in accordance with Section 26. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein contained. Any adjustment to be made pursuant to Sections 11 and 13 shall be effective as of the date of the event giving rise to such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Internet Security Systems Inc/Ga), Rights Agreement (Internet Security Systems Inc/Ga)
Certification of Adjustments. Whenever an adjustment is ---------------------------- made as provided in Sections 11 and 1313 hereof, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the computations and facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior Preferred Shares Stock a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each record holder of a Rights Certificate Right (or, if prior to the Distribution Date, to each holder of a certificate representing Common SharesStock) in accordance with Section 2625 hereof. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein contained. Any contained and shall have no duty with respect to and shall not be deemed to have knowledge of any such adjustment to be made pursuant to Sections 11 unless and 13 until it shall be effective as of the date of the event giving rise to have received such adjustmentcertificate.
Appears in 2 contracts
Samples: Rights Agreement (Dover Downs Gaming & Entertainment Inc), Rights Agreement (Dover Downs Gaming & Entertainment Inc)
Certification of Adjustments. Whenever an adjustment is made as provided in Sections 11 and 1313 hereof, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior Preferred Shares Stock a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each holder of a Rights Right Certificate (or, if prior to the Distribution Date, to each holder of a certificate representing shares of Company Common SharesStock) in accordance with Section 2626 hereof. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of of, or the force or effect of of, or the requirement for for, such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein containedcontained and shall not be deemed to have knowledge of any such adjustment unless and until it shall have received such certificate. Any adjustment to be made pursuant to Sections 11 and 13 of this Rights Agreement shall be effective as of the date of the event giving rise to such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Adobe Systems Inc), Rights Agreement (Adobe Systems Inc)
Certification of Adjustments. Whenever an adjustment is made as provided in Sections 11 and 1313 hereof, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior Preferred Shares Stock a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each holder of a Rights Right Certificate (or, if prior to the Distribution Date, to each holder of a certificate representing shares of Common SharesStock) in accordance with Section 2626 hereof. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein contained. Any adjustment to be made pursuant to Sections 11 and 13 of this Rights Agreement shall be effective as of the date of the event giving rise to such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Harland John H Co), Rights Agreement (Harland John H Co)
Certification of Adjustments. Whenever an adjustment is made as provided in Sections 11 and 13, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the facts giving rise to accounting for such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior Preferred Shares stock then purchasable with the Rights a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each holder of a Rights Certificate (or, if prior to the Distribution Dateno Rights Certificates have been issued, to each holder of a certificate representing shares of Common SharesStock) in accordance with Section 2625. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein contained. Any adjustment to be made pursuant to Sections 11 and 13 of this Agreement shall be effective as of the date of the event giving rise to such adjustment. The Rights Agent shall be fully protected in relying on any such certificate and on any adjustment therein contained, and shall not be obligated or responsible for calculating any adjustment, nor shall it be deemed to have knowledge of such an adjustment unless and until it shall have received such certificate.
Appears in 2 contracts
Samples: Rights Agreement (Dean Foods Co), Rights Agreement (Dean Foods Co)
Certification of Adjustments. Whenever an adjustment is made as provided in Sections 11 and 1313 hereof, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior Preferred Shares Stock a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each holder of a Rights Right Certificate (or, if prior to the Distribution Date, to each holder of a certificate representing shares of Common SharesStock) in accordance with Section 2625 hereof. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein contained. Any adjustment to be made pursuant to Sections 11 and 13 of this Rights Agreement shall be effective as of the date of the event giving rise to such adjustment.
Appears in 1 contract
Samples: Rights Agreement (Enstar Group Inc)
Certification of Adjustments. Whenever an adjustment is made as provided in Sections 11 and 1313 hereof, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief brief, reasonably detailed statement of the computations and facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior Preferred Shares Stock a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each record holder of a Rights Certificate Right (or, if prior to the Distribution Date, to each holder of a certificate representing Common SharesStock) in accordance with Section 2625 hereof. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment or statement therein contained. Any contained and shall not be obligated or responsible for calculating any adjustment nor shall it have any duty or liability with respect to, or be deemed to be made pursuant to Sections 11 have knowledge of any such adjustment unless and 13 until it shall be effective as of the date of the event giving rise to have received such adjustmentcertificate.
Appears in 1 contract
Certification of Adjustments. Whenever an adjustment is made as provided in Sections 11 and 13, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the facts giving rise to accounting for such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior and Preferred Shares a copy of such certificate certificate, and (c) if a Distribution Date has occurred, mail a brief summary thereof to each holder of a Rights Certificate (or, if prior to the Distribution Date, to each holder of a certificate representing Common Shares) in accordance with Section 2625. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein containedcontained and shall not be deemed to have knowledge of any such adjustment unless and until it shall have received such certificate. Any adjustment to be made pursuant to Sections 11 and 13 of this Agreement shall be effective as of the date of the event giving rise to such adjustment.
Appears in 1 contract
Samples: Rights Agreement (DPL Inc)
Certification of Adjustments. Whenever an adjustment is made as provided in Sections 11 and 1313 hereof, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the computations and facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior Preferred Shares Stock a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each record holder of a Rights Certificate Right (or, if prior to the Distribution Date, to each holder of a certificate representing Common SharesStock) in accordance with Section 2625 hereof. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein contained. Any contained and shall have no duty with respect to and shall not be deemed to have knowledge of any such adjustment to be made pursuant to Sections 11 unless and 13 until it shall be effective as of the date of the event giving rise to have received such adjustmentcertificate.
Appears in 1 contract
Certification of Adjustments. Whenever an adjustment is made as ---------------------------- provided in Sections 11 and 13, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares Stock or Junior Preferred Shares Stock a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each holder of a Rights Right Certificate (or, if prior to the Distribution Date, to each holder of a certificate representing shares of Common SharesStock) in accordance with Section 26. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein contained. Any adjustment to be made pursuant to Sections 11 and 13 of this Agreement shall be effective as of the date of the event giving rise to such adjustment.
Appears in 1 contract
Samples: Rights Agreement (Weeks Corp)
Certification of Adjustments. Whenever an adjustment is made ----------------------------- as provided in Sections 11 and 13, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief statement of the facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares Stock or Junior Preferred Shares Stock a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each holder of a Rights Right Certificate (or, if prior to the Distribution Date, to each holder of a certificate representing shares of Common SharesStock) in accordance with Section 26. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein contained. Any adjustment to be made pursuant to Sections 11 and 13 of this Agreement shall be effective as of the date of the event giving rise to such adjustment.
Appears in 1 contract
Samples: Rights Agreement (Weeks Corp)
Certification of Adjustments. Whenever an adjustment is made as provided in Sections 11 and 1313 hereof, the Company shall (a) promptly prepare a certificate setting forth such adjustment and a brief brief, reasonably detailed statement of the computations and facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Common Shares or Junior Preferred Shares Stock a copy of such certificate and (c) if a Distribution Date has occurred, mail a brief summary thereof to each record holder of a Rights Certificate Right (or, if prior to the Distribution Date, to each holder of a certificate representing Common SharesStock) in accordance with Section 2625 hereof. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment or statement therein contained. Any contained and shall not be obligated or responsible for calculating any adjustment nor shall it have any duty or liability with respect to, or be deemed to be made pursuant to Sections 11 have knowledge of any such adjustment unless and 13 until it shall be effective as of the date of the event giving rise to have received such adjustmentcertificate.
Appears in 1 contract
Samples: Rights Agreement (Dover Downs Gaming & Entertainment Inc)