Common use of Deferred Issuance Clause in Contracts

Deferred Issuance. In any case in which this Section 11 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 issuing to the holder of any Right exercised after such record date of the Common Shares and other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Shares 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 upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (In Focus Systems Inc)

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Deferred Issuance. In any case in which this Section 11 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 (and shall promptly notify the Rights Agent of any such election) until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the Common that number of Preferred Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Preferred Shares and shares of other capital stock or securities other securities, assets or cash 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 bill or other appropriate instrument evidencing such holder's right to receive xxxeive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Softnet Systems Inc)

Deferred Issuance. In any case in which this Section 11 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 (with prompt notice of such election to the Rights Agent) until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the Common that number of Preferred Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Preferred Shares and shares of other capital stock or securities other securities, assets or cash 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 bill or other appropriate instrument evidencing such holder's right to receive xxxeive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Advanced Medical Optics Inc)

Deferred Issuance. In any case in which this Section 11 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 issuing issuance to the holder of any Right exercised after such record date the shares of the Common Shares Preferred Stock and other capital stock securities, cash or securities property of the Company, if any, issuable upon such exercise over and above the Common Shares shares of Preferred Stock and other capital stock securities, cash or securities property 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 bill xx other appropriate instrument evidencing such holder's right to receive such additional shares (fractional or otherwise) or other securities, cash or property upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Arbor Health Care Co /De/)

Deferred Issuance. In any case in which this Section 11 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 (with prompt notice thereof to the Rights Agent) until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the Common that number of Preferred Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Preferred Shares and shares of other capital stock or securities other securities, assets or cash 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 bill or other appropriate instrument evidencing such holder's right to receive xxxeive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Gen Probe Inc)

Deferred Issuance. In any case in which this Section 11 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 (and shall give prompt written notice of such election to the Rights Agent) until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the that number of Common Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Shares and shares of other capital stock or securities other securities, assets or cash of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; PROVIDEDprovided, HOWEVERhowever, 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 upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Coach Inc)

Deferred Issuance. In any case in which this Section 11 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 (with prompt written notice to the Rights Agent) to defer until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the Common that number of Preferred Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Preferred Shares and shares of other capital stock or securities other securities, assets or cash 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 upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Hilton Hotels Corp)

Deferred Issuance. In any case in which this Section 11 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 issuing issuance to the holder of any Right exercised after such record date of the Common Shares that number of one one-hundredths of a Preferred Share and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Shares number of one one-hundredths of a Preferred Share and shares of other capital stock or securities other securities, assets or cash of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx bxxx 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 1 contract

Samples: Rights Agreement (Euronet Worldwide Inc)

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Deferred Issuance. In any case in which this Section 11 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 (and shall give prompt written notice of such election to the Rights Agent) until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the that number of Common Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Shares and shares of other capital stock or securities other securities, assets or cash 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 upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Coach Inc)

Deferred Issuance. In any case in which this Section 11 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 (and shall give prompt written notice of such election to the Rights Agent) until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the Common that number of Preferred Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Preferred Shares and shares of other capital stock or securities other securities, assets or cash 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 bill xx other appropriate instrument evidencing such holder's right to receive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Aclara Biosciences Inc)

Deferred Issuance. In any case in which this Section 11 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 (and shall give prompt written notice of such election to the Rights Agent) until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the that number of Common Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Shares and shares of other capital stock or securities other securities, assets or cash 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 bill xx other appropriate instrument evidencing such holder's right to receive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Coach Inc)

Deferred Issuance. In any case in which this Section 11 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 (with prompt written notice to the Rights Agent) until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the Common that number of Preferred Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Preferred Shares and shares of other capital stock or securities other securities, assets or cash 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 upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Cancervax Corp)

Deferred Issuance. In any case in which this Section 11 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 (and shall promptly notify the Rights Agent in writing of any such election) until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the Common that number of Preferred Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Preferred Shares and shares of other capital stock or securities other securities, assets or cash of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing representing such holder's ’s right to receive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Biomarin Pharmaceutical Inc)

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