Effective Time of Adjustments. (A) Adjustments to the Series A Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs. (B) The Company shall give prompt written notice to each holder of a share of Series A Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 29 contracts
Samples: Rights Agreement (Hornbeck Offshore Services Inc /La), Rights Agreement (Nac Re Corp), Rights Agreement (Six Flags Inc)
Effective Time of Adjustments. (Aa) Adjustments to the Series A Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(Bb) The Company Corporation shall give prompt written notice to each holder of a share of Series A Preferred Stock of the effect on any such shares of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares Corporation required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 12 contracts
Samples: Rights Agreement (Towerstream Corp), Rights Agreement (Iris International Inc), Rights Agreement (3d Systems Corp)
Effective Time of Adjustments. (A) Adjustments to the Series Class A Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company shall give prompt written notice to each holder of a share of Series Class A Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 7 contracts
Samples: Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc), Rights Agreement (Cutter & Buck Inc)
Effective Time of Adjustments. (A) Adjustments to the Series A One Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A One Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 6 contracts
Samples: Rights Agreement (TSR Inc), Rights Agreement (TSR Inc), Settlement Agreement (TSR Inc)
Effective Time of Adjustments. (Aa) Adjustments to the Series A Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(Bb) The Company Corporation shall give prompt written notice to each holder of a share of Series A Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereofof this Certificate of Designations. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 5 contracts
Samples: Rights Agreement (FXCM Inc.), Rights Agreement (FXCM Inc.), Rights Agreement (FXCM Inc.)
Effective Time of Adjustments. (A) Adjustments to the Series A Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 5 contracts
Samples: Annual Report, Rights Agreement (Delphi Automotive Systems Corp), Rights Agreement (BFC Financial Corp)
Effective Time of Adjustments. (A) Adjustments to the Series A Class B Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company shall give prompt written notice to each holder of a share of Series A Class B Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 4 contracts
Samples: Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc)
Effective Time of Adjustments. (A) Adjustments to the Series A Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company shall give prompt written notice to each holder of a share of Series A Preferred Stock of the effect on any shares of any adjustment to the voting dividend rights, dividend voting rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 4 contracts
Samples: Rights Agreement (Geoworks /Ca/), Rights Agreement (Geoworks /Ca/), Rights Agreement (Penney J C Co Inc)
Effective Time of Adjustments. (A) Adjustments to the Series A B Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A B Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 3 contracts
Samples: Rights Agreement (Vitalworks Inc), Rights Agreement (Vitalworks Inc), Rights Agreement (Heico Corp)
Effective Time of Adjustments. (A) Adjustments to the Series A Junior Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company shall give prompt written notice to each holder of a share of Series A Junior Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 3 contracts
Samples: Rights Agreement (Minerals Technologies Inc), Rights Agreement (Minerals Technologies Inc), Rights Agreement (Minerals Technologies Inc)
Effective Time of Adjustments. (A) Adjustments to the Series A Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereofof this Certificate of Designations. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 3 contracts
Samples: Rights Agreement (Impath Inc), Rights Agreement (Guilford Mills Inc), Rights Agreement (Noven Pharmaceuticals Inc)
Effective Time of Adjustments. (Aa) Adjustments to the Series A B Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(Bb) The Company Corporation shall give prompt written notice to each holder of a share of Series A B Preferred Stock of the effect on any such shares of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares Corporation required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Tarrant Apparel Group), Rights Agreement (Veterinary Centers of America Inc)
Effective Time of Adjustments. (A) Adjustments to the Series A Participating Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A Participating Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Lodgian Inc), Rights Agreement (Lodgian Inc)
Effective Time of Adjustments. (Aa) Adjustments to the Series A G Junior Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(Bb) The Company shall give prompt written notice to each holder of a share of Series A G Junior Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 2 contracts
Samples: Rights Agreement (Iparty Corp), Rights Agreement (Iparty Corp)
Effective Time of Adjustments. (A) Adjustments to the Series A D Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A D Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereofof this Certificate of Designations. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Novavax Inc), Rights Agreement (Columbia Laboratories Inc)
Effective Time of Adjustments. (Aa) Adjustments to the Series A D Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(Bb) The Company Corporation shall give prompt written notice to each holder of a share of Series A D Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereofof this Certificate of Designations. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Columbia Laboratories Inc), Rights Agreement (Columbia Laboratories Inc)
Effective Time of Adjustments. (A) Adjustments to the Series A I Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company shall give prompt written notice to each holder of a share of Series A I Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 2 contracts
Samples: Rights Agreement (Moore Medical Corp), Rights Agreement (Moore Medical Corp)
Effective Time of Adjustments. (A) Adjustments to the Series A B Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occursoccur.
(B) The Company Corporation shall give prompt written notice to each holder of a share of outstanding Series A B Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Interface Inc), Rights Agreement (Interface Inc)
Effective Time of Adjustments. (A) Adjustments to the Series A Preferred Stock Shares required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company shall give prompt written notice to each holder of a share of Series A Preferred Stock Share of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 2 contracts
Samples: Rights Agreement (Forbes Energy Services Ltd.), Rights Agreement (Tx Energy Services, LLC)
Effective Time of Adjustments. (A) Adjustments to the Series A F Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A F Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Mediaone Group Inc), Rights Agreement (Mediaone Group Inc)
Effective Time of Adjustments. (A) Adjustments to the Series A B Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A B Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereofof this Certificate of Designations. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 2 contracts
Samples: Rights Agreement (Gentiva Health Services Inc), Rights Agreement (Smurfit Stone Container Corp)
Effective Time of Adjustments. (A) Adjustments to the Series A Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereofof this Certificate of Designation. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 1 contract
Effective Time of Adjustments. (A1) Adjustments to the Series A B Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occursoccur.
(B2) The Company Corporation shall give prompt written notice to each holder of a share of outstanding Series A B Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 1 contract
Samples: Rights Agreement (Interface Inc)
Effective Time of Adjustments. (A) Adjustments to the Series A C Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share of Series A C Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 1 contract
Samples: Rights Agreement (Heico Corp)
Effective Time of Adjustments. (A) Adjustments to the Series A B Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company shall give prompt written notice to each holder of a share of Series A B Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 1 contract
Effective Time of Adjustments. (Aa) Adjustments to the Series A S Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(Bb) The Company Corporation shall give prompt written notice to each holder of a share of Series A S Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company Corporation of such shares required by the provisions hereof. of this Subarticle A. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment.
Appears in 1 contract
Effective Time of Adjustments. (A) Adjustments to the Series A E Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company shall give prompt written notice to each holder of a share of Series A E Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 1 contract
Effective Time of Adjustments. (A) Adjustments to the Series A R Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(B) The Company Corporation shall give prompt written notice to each holder of a share shares of Series A R Preferred Stock of the effect on any such shares of any adjustment to the dividend or voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares Corporation required by the provisions hereof. Notwithstanding the foregoing sentence, the failure of the Company Corporation to give such notice shall not affect the validity of or of, the force or effect of or the requirement for such adjustment.
Appears in 1 contract
Samples: Rights Agreement (Cilcorp Inc)
Effective Time of Adjustments. (Aa) Adjustments to the Series A H Junior Preferred Stock required by the provisions hereof shall be effective as of the time at which the event requiring such adjustments occurs.
(Bb) The Company shall give prompt written notice to each holder of a share of Series A H Junior Preferred Stock of the effect of any adjustment to the voting rights, dividend rights or rights upon liquidation, dissolution or winding up of the Company of such shares required by the provisions 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.
Appears in 1 contract
Samples: Rights Agreement (Iparty Corp)
