Common use of Exchange Provision Clause in Contracts

Exchange Provision. At any time after an Acquiring Person obtains 20% or more of the Company's Common Stock (other than pursuant to a Permitted Offer) and prior to the acquisition by the Acquiring Person of 50% or more of the outstanding Common Stock, the Board of Directors of the Company may exchange the Rights (other than Rights owned by the Acquiring Person or its affiliates), in whole or in part, at an exchange ratio of one Common Share per Right (subject to adjustment).

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Looksmart LTD), Preferred Shares Rights Agreement (Ap Pharma Inc /De/)

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Exchange Provision. At any time after the date an Acquiring Person obtains 20% or more of the Company's ’s Common Stock (other than pursuant to a Permitted Offer) and prior to the acquisition by the Acquiring Person of 50% or more of the outstanding Common Stock, a majority of the Company’s Board of Directors of the Company may exchange the Rights (other than Rights owned by the Acquiring Person or its affiliates), in whole or in part, for shares of Common Stock of the Company at an exchange ratio of one share of Common Share Stock per Right (subject to adjustment).. 51

Appears in 2 contracts

Samples: Preferred Share Rights Agreement (Phoenix Technologies LTD), Preferred Share Rights Agreement (Phoenix Technologies LTD)

Exchange Provision. At any time after the date on which an Acquiring Person obtains 20% fifteen percent (15%) or more of the Company's Common Stock (other than pursuant to a Permitted Offer) Shares and prior to the acquisition by the Acquiring Person of fifty percent (50% or more %) of the outstanding Common StockShares, the Board of Directors of the Company may exchange the Rights (other than Rights owned by the an Acquiring Person or its affiliates), in whole or in part, for Common Shares of the Company at an exchange ratio of one (1) Common Share per Right (subject to adjustment).

Appears in 1 contract

Samples: Shareholder Rights Plan (Realnetworks Inc)

Exchange Provision. At any time after a Person becomes an Acquiring Person obtains 20% or more of the Company's Common Stock (other than pursuant to a Permitted Offer) and prior to the acquisition by the but before such Acquiring Person of owns 50% or more of the outstanding Common Stock), the Board of Directors of the Company may exchange the then outstanding and exercisable Rights (other than Rights those owned by the an Acquiring Person or any of its affiliatesAffiliates or Associates, or any transferee of any of the foregoing Persons), in whole or in partfor shares of Common Stock, at an exchange ratio each Right being exchangeable for one share of one Common Share per Right (Stock, subject to adjustment).

Appears in 1 contract

Samples: Rights Plan (Smith Electric Vehicles Corp.)

Exchange Provision. At any time after the date an Acquiring Person ------------------ obtains 2015% or more of the Company's Common Stock (other than pursuant to a Permitted Offer) and prior to the acquisition by the Acquiring Person of 50% or more of the outstanding Common Stock, the Board of Directors of the Company may exchange the Rights (other than Rights owned by the Acquiring Person or its affiliates), in whole or in part, for shares of Common Stock of the Company at an exchange ratio of one share of Common Share Stock per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Concentric Network Corp)

Exchange Provision. At any time after a person becomes an Acquiring Person obtains 20(but before such Acquiring Person owns 50% or more of the Company's Common Stock (other than pursuant to a Permitted Offer) and prior to the acquisition by the Acquiring Person of 50% or more of the ’s outstanding Common Stock), the Board of Directors of the Company may exchange the then outstanding and exercisable Rights (other than Rights those owned by the an Acquiring Person or its affiliatesPerson), in whole or in partfor shares of Common Stock, at an exchange ratio each Right being exchangeable for one share of one Common Share per Right (Stock, subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Airgas Inc)

Exchange Provision. At any time after an Acquiring Person obtains 2015% or more of the Company's ’s Common Stock (other than pursuant to a Permitted Offer) and prior to the acquisition by the Acquiring Person of 50% or more of the outstanding Common Stock, the Board of Directors of the Company may exchange the Rights (other than Rights owned by the Acquiring Person or its affiliates), in whole or in part, at an exchange ratio of one Common Share per Right (subject to adjustment). Redemption of the Rights: Rights will be redeemable at the Company’s option for $0.01 per Right at any time.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Threshold Pharmaceuticals Inc)

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Exchange Provision. At any time after the date an Acquiring Person obtains 2015% or more of the Company's Common Stock (other than pursuant to a Permitted Offer) and prior to the acquisition by the Acquiring Person of 50% or more of the outstanding Common Stock, a majority of the Board of Directors of the Company may exchange the Rights (other than Rights owned by the Acquiring Person or its affiliates), in whole or in part, for shares of Common Stock of the Company at an exchange ratio of one share of Common Share Stock per Right (subject to adjustment).

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Trimble Navigation LTD /Ca/)

Exchange Provision. At any time after the date an Acquiring Person obtains 20------------------ 15% or more of the Company's Common Stock (other than pursuant to a Permitted Offer) and prior to the acquisition by the Acquiring Person of 50% or more of the outstanding Common Stock, a majority of the Company's Board of Directors of the Company may exchange the Rights (other than Rights owned by the Acquiring Person or its affiliates), in whole or in part, for shares of Common Stock of the Company at an exchange ratio of one share of Common Share Stock per Right (subject to adjustment).

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Phoenix Technologies LTD)

Exchange Provision. At any time after an Acquiring Person obtains 20% event triggering the flip-in or more of the Company's Common Stock (other than pursuant to a Permitted Offer) flip-over rights and prior to the acquisition by the Acquiring Person of 50% or more of the outstanding Common Stock, the Board of Directors of the Company may exchange the Rights (other than Rights owned by the Acquiring Person or its affiliates), in whole or in part, at an exchange ratio of one Common Share per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Sierra Pacific Resources /Nv/)

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