Common use of Exchange Ratio Clause in Contracts

Exchange Ratio. The Company shall promptly give public notice of any such exchange (with a copy provided to the Rights Agent); provided, however, that the failure to give, or any defect in, such notice shall not affect the validity of such exchange. The Company promptly shall mail a notice of any such exchange to all of the holders of such Rights at their last addresses as they appear upon the registry books of the Rights Agent. Any notice which is mailed in the manner provided in this Agreement shall be deemed given, whether or not the holder receives the notice. Each such notice of exchange will state the method by which the exchange of Units of Preferred Stock for Rights will be effected and, in the event of any partial exchange, the number of Rights which will be exchanged. Any partial exchange shall be effected pro rata based on the number of Rights (other than Rights which have become unexerciseable pursuant to the provisions of Section 7(e)) held by each holder of Rights.

Appears in 4 contracts

Samples: Rights Agreement (Image Entertainment Inc), Rights Agreement (Image Entertainment Inc), Rights Agreement (Sco Group Inc)

AutoNDA by SimpleDocs

Exchange Ratio. The Company shall promptly give public notice of any such exchange (with a copy provided prompt notice thereof to the Rights Agent); provided, however, -------- ------- that the failure to give, or any defect in, such notice shall not affect the validity of such exchange. The Company promptly shall mail a notice of any such exchange to all of the holders of such Rights at their last addresses as they appear upon the registry books of the Rights Agent. Any notice which is mailed in the manner herein provided in this Agreement shall be deemed given, whether or not the holder receives the notice. Each such notice of exchange will state the method by which the exchange of Units of Preferred Stock for Rights will be effected and, in the event of any partial exchange, the number of Rights which will be exchanged. Any partial exchange shall be effected pro rata based on the number of Rights (other than Rights which have become unexerciseable void pursuant to the provisions of Section 7(e)) hereof) held by each holder of Rights.

Appears in 2 contracts

Samples: Rights Agreement (P Com Inc), Rights Agreement (P Com Inc)

Exchange Ratio. The Company shall promptly give public notice of any such exchange (with a copy provided to the Rights Agent); provided, however, that the failure to give, or any defect in, such notice shall not affect the validity of such exchange. The Company promptly shall mail a notice of any such exchange to all of the holders of such Rights at their last addresses as they appear upon the registry books of the Rights Agent. Any notice which is mailed in the manner provided in this Agreement shall be deemed given, whether or not the holder receives the notice. Each such notice of exchange will state the method by which the exchange of Units of Preferred Stock for Rights will be effected and, in the event of any partial exchange, the number of Rights which will be exchanged. Any partial exchange shall be effected pro rata based on the number of Rights (other than Rights which have become unexerciseable null and void pursuant to the provisions of Section 7(e)) hereof) held by each holder of Rights. 32.

Appears in 1 contract

Samples: Rights Agreement (Biocryst Pharmaceuticals Inc)

Exchange Ratio. The Company shall promptly give public notice of any such exchange (with a copy provided to the Rights Agent); provided, however, that the failure to give, or any defect in, such notice shall not affect the validity of such exchange. The Company shall promptly shall mail a notice of any such exchange to all of the holders of such Rights at their last addresses as they appear upon the registry books of the Rights Agent. Any notice which is mailed in the manner provided in this Agreement shall be deemed given, whether or not the holder receives the notice. Each such notice of exchange will state the method by which the exchange of Units of Preferred Stock for Rights will be effected and, in the event of any partial exchange, the number of Rights which will be exchanged. Any partial exchange shall be effected pro rata based on the number of Rights (other than Rights which have become unexerciseable pursuant to the provisions of Section 7(e)) held by each holder of Rights.

Appears in 1 contract

Samples: Rights Agreement (Witness Systems Inc)

AutoNDA by SimpleDocs

Exchange Ratio. The Company shall promptly give public notice of any such exchange (with a copy provided prompt notice thereof to the Rights Agent); provided, however, -------- ------- that the failure to give, or any defect in, such notice shall not affect the validity of such exchange. The Company promptly shall mail a notice of any such exchange to all of the holders of such Rights at their last addresses as they appear upon the registry books of the Rights Agent. Any notice which is mailed in the manner herein provided in this Agreement shall be deemed given, whether or not the holder receives the notice. Each such notice of exchange will state the method by which the exchange of Units of Preferred Stock for Rights will be effected and, in the event of any partial exchange, the number of Rights which will be exchanged. Any partial exchange shall be effected pro rata based on the number --- ---- of Rights (other than Rights which have become unexerciseable void pursuant to the provisions of Section 7(e)) hereof) held by each holder of Rights.

Appears in 1 contract

Samples: Rights Agreement (Cygnus Inc /De/)

Exchange Ratio. The Company shall promptly give public notice of any such exchange (with a copy provided prompt written notice thereof to the Rights Agent); provided, however, that the failure to give, or any defect in, such notice shall not affect the legality or validity of such exchange. The Company promptly shall mail a notice of any such exchange to all of the holders of such Rights at their last addresses as they appear upon the registry books of the Rights Agent. Any notice which is mailed in the manner provided in this Agreement shall be deemed given, whether or not the holder receives the notice. Each such notice of exchange will state the method by which the exchange of Units of Preferred Stock for Rights will be effected and, in the event of any partial exchange, the number of Rights which will be exchanged. Any partial exchange shall be effected pro rata based on the number of Rights (other than Rights which have become unexerciseable pursuant to the provisions of Section 7(e)) held by each holder of Rights.

Appears in 1 contract

Samples: Rights Agreement (Valueclick Inc/Ca)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!