Common use of Company Not to Diminish Benefits of Rights Clause in Contracts

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 77 contracts

Samples: Rights Agreement (Ballantyne Strong, Inc.), Rights Agreement (Euronet Worldwide Inc), Rights Agreement (Compass Minerals International Inc)

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Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Stock Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 51 contracts

Samples: Benefits Preservation Plan (CarParts.com, Inc.), Benefits Preservation Plan (CarParts.com, Inc.), Rights Agreement (Desktop Metal, Inc.)

Company Not to Diminish Benefits of Rights. The Company ------------------------------------------ covenants and agrees that after the earlier of the Shares Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 8 contracts

Samples: Rights Agreement (Tivo Inc), Rights Agreement (Southwest Water Co), Rights Agreement (Varco International Inc /De/)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Share Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 5 contracts

Samples: Rights Agreement (Sinovac Biotech LTD), Rights Agreement (Sinovac Biotech LTD), Rights Agreement (Xyratex LTD)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 3 contracts

Samples: Rights Agreement (Arv Assisted Living Inc), Rights Agreement (Arv Assisted Living Inc), Termination Agreement (Alpharma Inc)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that that, after the earlier of the Shares Acquisition Date or Distribution Date Date, it will not, except as permitted by Section 2324, Section 26 or 25 and Section 2728 hereof, take (or nor will it permit any Subsidiary of its Subsidiaries to take) any action if at the time such action is taken it is reasonably foreseeable that such action will diminish substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 3 contracts

Samples: Rights Agreement (360 DigiTech, Inc.), Rights Agreement (360 DigiTech, Inc.), Rights Agreement

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Stock Acquisition Date or Distribution Date it will not, except as permitted by Section Sections 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 3 contracts

Samples: Rights Agreement (Warrior Met Coal, Inc.), Rights Agreement (Comstock Resources Inc), Rights Agreement (Sanchez Energy Corp)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that that, after the earlier of the Shares Acquisition Date or Distribution Date Date, it will not, except as permitted by Section 2324, Section 26 or 25 and Section 2728, take (or nor will it permit any Subsidiary of its Subsidiaries to take) any action if at the time such action is taken it is reasonably foreseeable that such action will diminish substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 2 contracts

Samples: Rights Agreement (ReneSola LTD), Rights Agreement (The9 LTD)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Stock Acquisition Date or Distribution Date it will not, except as permitted by Section 2322, Section 26 25 or Section 2726, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Tetra Technologies Inc), Tax Benefits Preservation Plan (Tetra Technologies Inc)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 2 contracts

Samples: Rights Agreement (Malan Realty Investors Inc), Rights Agreement (Malan Realty Investors Inc)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Stock Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded afforded by the Rights.

Appears in 1 contract

Samples: Rights Agreement

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after After the earlier later of the Shares Stock Acquisition Date or and Distribution Date it Date, the Company will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 1 contract

Samples: Tax Benefit Preservation Plan (Upland Software, Inc.)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 2726, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 1 contract

Samples: Rights Agreement (Gardenburger Inc)

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Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Stock Acquisition Date or the Distribution Date it will not, except as permitted by Section Sections 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 1 contract

Samples: Rights Agreement (Exact Sciences Corp)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Acquisition Date or Distribution Date it will not, except as permitted by Section 23, 23 or Section 26 or Section 27hereof, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 1 contract

Samples: Rights Agreement (Dames & Moore Inc /De/)

Company Not to Diminish Benefits of Rights. The Company ------------------------------------------ covenants and agrees that after the earlier of the Shares Acquisition Date or the Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 1 contract

Samples: Rights Agreement (Assisted Living Concepts Inc)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights. 1.1.

Appears in 1 contract

Samples: Rights Agreement (Aegis Realty Inc)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after After the earlier of the Shares Stock Acquisition Date or and Distribution Date it Date, the Company will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 1 contract

Samples: Southwest Gas Holdings, Inc.

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after the earlier of the Shares Acquisition Date or Distribution Date it will not, except as permitted by Section 23, Section 26 25 or Section 2726, take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Company Not to Diminish Benefits of Rights. The Company covenants and agrees that after After the earlier of the Shares Stock Acquisition Date or and Distribution Date it Date, the Company will not, except as permitted by Section 23, Section 26 or Section 27, take (or permit any Subsidiary to take) any action if at the -19- time such action is taken it is reasonably foreseeable that such action will substantially diminish or otherwise eliminate the benefits intended to be afforded by the Rights.

Appears in 1 contract

Samples: Tax Benefit Preservation Plan (Upland Software, Inc.)

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