Exercise of Rights; Purchase Price. (a) Subject to Section 7(e) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly completed and executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of Fractional Shares of Preferred Stock (or other securities, cash or other assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the Expiration Date.
(b) The Purchase Price for each Fractional Share of Preferred Stock pursuant to the exercise of a Right shall initially be $48.00, and shall be subject to adjustment from time to time as provided in Sections 11 and 13(a) hereof and shall be payable in accordance with paragraph (c) below.
(c) Upon receipt of a Rights Certificate representing exercisable Rights, with the form of election to purchase and the certificate on the reverse side thereof duly executed, accompanied by payment, with respect to each Right so exercised, of the Purchase Price per Fractional Share of Preferred Stock (or other shares, securities, cash or other assets, as the case may be) to be purchased as set forth below and an amount equal to any applicable transfer tax, the Rights Agent shall, subject to Section 20(k) hereof, thereupon promptly (i)
(A) requisition from any transfer agent of the shares of Preferred Stock (or make available, if the Rights Agent is the transfer agent for such shares) certificates for the total number of Fractional Shares of Preferred Stock to be purchased, and the Company hereby irrevocably authorizes its transfer agent to comply with all such requests, or (B) if the Company, in its sole discretion, shall have elected to deposit the shares of Preferred Stock issuable upon exercise of the Rights hereunder with a depositary agent, requisition from the depositary agent depositary receipts representing interests in such number of Fractional Shares of Preferred Stock as are to be purchased (in which case certificates for the shares of Preferred Stock represented by such r...
Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. ------
Exercise of Rights; Purchase Price. Expiration Date of Rights; Restriction on Transfer of Rights.....................................................................................10 Section 8. Cancellation and Destruction of Rights Certificates..................................................12 Section 9. Reservation and Availability of Series C Preferred Stock.............................................12 Section 10. Series C Preferred Stock Record Date.................................................................14 Section 11. Adjustment of Purchase Price, Number and Kind of Shares or Number of Rights..........................14 Section 12. Certificates of Adjusted Purchase Price or Number of Shares..........................................21 Section 13. Consolidation, Merger or Sale or Transfer of Assets or Earning Power.................................22 Section 14. Fractional Rights and Fractional Shares..............................................................24
Exercise of Rights; Purchase Price. Expiration Date of Rights 9 Section 8......................................................
Exercise of Rights; Purchase Price. Expiration Date of RightsSection 7.
Exercise of Rights; Purchase Price. Expiration Date of Rights 15
Exercise of Rights; Purchase Price. EXPIRATION DATE OF RIGHTS.
(a) Except as otherwise provided herein, the Rights shall become exercisable on the Distribution Date, and thereafter the registered holder of any Right Certificate may, subject to Section 11(a) (ii) hereof and except as otherwise provided herein, exercise the Rights evidenced thereby in whole or in part upon surrender of the Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-hundredth of a share of Preferred Stock as to which the Rights are exercised and an amount equal to any tax or charge required to be paid under Section 9(e) hereof by certified check, cashier's check, bank draft or money order payable to the order of the Company, at any time which is both after the Distribution Date and prior to the earliest of (i) the close of business on April 15, 2009 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption Date"), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof and (iv) the consummation of a Merger.
(b) The Purchase Price shall be initially $96.00 for each one one- hundredth of a share of Preferred Stock purchasable upon the exercise of
Exercise of Rights; Purchase Price. Expiration Date of Rights.............................................................. 14 ------------------------- Section 8. Cancellation and Destruction of Rights Certificates.................................... 16 --------------------------------------------------- Section 9. Reservation and Availability of Preferred Stock........................................ 17 ----------------------------------------------- Section 10. Preferred Stock Record Date............................................................ 18 --------------------------- Section 11. Antidilution Adjustments............................................................... 19 ------------------------ Section 12. Certification of Adjustments........................................................... 28 ----------------------------
Exercise of Rights; Purchase Price. Expiration Date of Rights; Expiration Date of Rights
Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. ------
(a) Except as provided in Sections 23(c) and 7(e), the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein) in
