EquiServe Trust Company, N. A. is a federally chartered limited purpose national bank duly organized under the laws of the United States and EquiServe Limited Partnership is a limited partnership validly existing and in good standing under the laws of the State of Delaware;
EquiServe Trust Company, N. A. 525 Xxxxxxxxxx Xxxxxxxxx Xxxxxx Xxxx, Xxx Xxxxxx 00000 Attention: Tenders and Exchanges Notices or demands authorized by this Agreement to be given or made by the Company or the Rights Agent to the holder of any Right Certificate shall be sufficiently given or made if sent by first-class mail, postage prepaid, addressed to such holder at the address of such holder as shown on the registry books of the Company.
EquiServe Trust Company, N. A. c/o Equiserve Limited Partnership 150 Royall Street Xxxxxx, MA 02021 Attention: Client Administration Notices or demands authorized by this Agreement to be given or made by the Company or the Rights Agent to the holder of any Rights Certificate (or, if prior to the Distribution Date, to the holder of certificates representing shares of Common Stock) shall be sufficiently given or made if sent by first-class mail, postage prepaid, addressed to such holder at the address of such holder as shown on the registry books of the Company.
EquiServe Trust Company, N. A. By --------------------------------- Authorized Signature
EquiServe Trust Company, N. A. ------------------------------ 000 Xxxxxxxxxx Xxxx. ------------------------------ 3rd Floor ------------------------------ Xxxxxx Xxxx, X.X. 00000 ------------------------------ Attention: Xxxx Xxxxxx -------------------- Notices or demands authorized by this Agreement to be given or made by the Company or the Rights Agent to the holder of any Rights Certificate (or, if prior to the Distribution Date, to the holder of certificates representing shares of Common Stock) shall be sufficiently given or made if sent by first- class mail, postage prepaid, addressed to such holder at the address of such holder as shown on the registry books of the Company.
EquiServe Trust Company, N. A. By ------------------------------------- Authorized Signatory [Form of Reverse Side of Rights Certificate] FORM OF ASSIGNMENT ------------------ (To be executed by the registered holder if such holder desires to transfer the Rights Certificate.) FOR VALUE RECEIVED ___________________________________________ hereby sells, assigns and transfer unto _____________________________________________ (Please print name and address of transferee) this Rights Certificate, together with all right, title and interest therein, and does hereby irrevocably constitute and appoint_________________________ attorney, to transfer this Rights Certificate on the books of Central Bancorp, Inc. with full power of substitution. Dated:__________________________ ____________________________________ Signature Signature Guaranteed: Signatures must be guaranteed by an eligible guarantor institution (a bank, stockbroker, savings and loan association or credit union with membership in an approved signature guarantee medallion program) pursuant to Rule 17Ad-15 under the Securities Exchange Act of 1934, as amended. Certificate ----------- (to be completed, if true) The undersigned hereby certifies that the Rights represented by this Rights Certificate are not Beneficially Owned by an Acquiring Person, Adverse Person or an Affiliate or Associate of an Acquiring Person or Adverse Person (as such capitalized terms are defined in the Rights Agreement). Dated:__________________________ ____________________________________ Signature Signature Guaranteed: Form of Reverse Side of Rights Certificate -- continued NOTICE The signature to the foregoing Assignment and the foregoing Certificate, if applicable, must correspond to the name as written upon the face of the Rights Certificate in every particular, without alteration or enlargement or any change whatsoever, and must be guaranteed by an eligible guarantor institution (a bank, stockbroker, savings and loan association or credit union with membership in an approved signature guarantee medallion program) pursuant to Rule 17Ad-15 under the Securities Exchange Act of 1934, as amended. In the event that the foregoing Certificate is not duly executed, with signature guaranteed, the Company shall deem the Rights represented by this Rights Certificate to be Beneficially Owned by an Acquiring Person, Adverse Person or an Affiliate or Associate of an Acquiring Person or Adverse Person (as such capitalized terms are defined in the Rights Agreement), and ...
EquiServe Trust Company, N. A. By -------------------------------- Name: ----------------------------- Its: ------------------------------ [SIGNATURE PAGE TO FORM OF RIGHT CERTIFICATE] FORM OF REVERSE SIDE OF RIGHT CERTIFICATE FORM OF ASSIGNMENT (To be executed by the registered holder if such holder desires to transfer the Right Certificate) FOR VALUE RECEIVED ___________________________________ hereby sells, assigns and transfers unto ___________________________________________________ (Please print name and address of transferee) this Right Certificate, together with all right, title and interest therein, and does hereby irrevocably constitute and appoint __________________________________________________, Attorney, to transfer the within Right Certificate on the books of the within-named Company, with full power of substitution. Dated: ------------------------ ----------------------------------- Signature
EquiServe Trust Company, N. A. This Second Amendment (the “Second Amendment”) to the Preferred Stock Rights Agreement is made and entered into as of May 12, 2003 between AVANEX CORPORATION, a Delaware corporation (the “Company”), and EQUISERVE TRUST COMPANY, N.A., a national banking association, as Rights Agent (the “Rights Agent”).
EquiServe Trust Company, N. A. EVERGREEN UTILITIES AND HIGH INCOME FUND By: /s/ Daniel McGrory Xy: /s/Catherine F. Kennedx ------------------------ --------------------------- Daniel McGrory Catherine F. Kennedx Xxxxx: Xxxxxxxx, Corporate Actions Title: Assistant Secretary Date December 16, 2004 Date: December 14, 2004 EQUISERVE, INC. By: /s/Daniel McGory -------------------------- Daniel McGrory Titxx: Xxxxxxxx, Corporate Actions Date: December 16, 2004 EQUISERVE TRUST COMPANY, N.A. PROPOSED FEE AGREEMENT TO SERVE AS DEPOSITARY AND INFORMATION AGENT FOR THE EVERGREEN UTILITIES & HIGH INCOME FUND'S SELF TENDER
EquiServe Trust Company, N. A. This First Amendment to the Preferred Stock Rights Agreement (the “Amendment”) is made and entered into as of September 29, 2003 between NEW FOCUS, INC., a Delaware corporation (the “Company”), and EQUISERVE TRUST COMPANY, N.A., as Rights Agent (the “Rights Agent”).
