Common use of Exercise of Rights; Purchase Price; Expiration Date of Rights Clause in Contracts

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal office, together with payment of the Purchase Price for each one one-thousandth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Final Expiration Date, (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 3 contracts

Samples: Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc)

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Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one onetwo-thousandth hundredths of a share of Preferred Share Stock (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on July 7, 2002 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof24 hereof (the "Redemption Date"), (iii) the time at which such the Rights are exchanged as provided in Section 24 25 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(e) hereof.

Appears in 3 contracts

Samples: Shareholder Rights Agreement (El Paso Energy Corp/De), Shareholder Rights Agreement (El Paso Energy Corp/De), Shareholder Rights Agreement (El Paso Energy Corp/De)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe designated office of the Rights Agent, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a shares of Preferred Share Stock (or shares of Common Stock, other securities, cash or other assets, as the case may be) as to which the Rights are exercisedthen exercisable, at or prior to the earliest of (i) the close of business on May 15, 2009 (the "Final Expiration Date"), (ii) the time at which the Rights are exchanged as provided in Section 24, or (iii) the time at which the Rights are redeemed as provided in Section 23 hereof, (iii) such earliest date being herein referred to as the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Lydall Inc /De/), Rights Agreement (Lydall Inc /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth hundredths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on February 4, 2013 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the “Redemption Date”), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Oneok Inc /New/), Rights Agreement (Oneok Inc /New/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth hundredths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to before the earliest of (i) the Close of Business on November 16, 2014 (the "Final Expiration Date"), (ii) the time at date on which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at date on which such the Rights are exchanged as provided in pursuant to Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Point 360), Rights Agreement (Point 360)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the appropriate form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Final Expiration Dateclose of business on January 4, 2018 (the “FinalExpirationDate”), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the “RedemptionDate”), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Hawk Corp), Rights Agreement (Hawk Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each one one-thousandth hundredth of a Preferred Share (or such other securities, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on June 26, 2017 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Old Republic International Corp), Rights Agreement (Old Republic International Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The registered holder of any Right Rights Certificate (other than a holder whose Rights have become null and void pursuant to Section 11(a)(ii) hereof or have been redeemed exchanged pursuant to Section 23 24 hereof) may exercise the Rights evidenced thereby in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase on the reverse side thereof duly and properly executed, to the Rights Agent at its principal officethe Designated Office of the Rights Agent, together with payment of the Purchase Price for each one one-thousandth of a Preferred Share (or such other number of shares or other securities) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on January 22, 2012 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Criimi Mae Inc), Rights Agreement (Criimi Mae Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Separation Date 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 its principal officethe office of the Rights Agent designated, pursuant to Section 26 hereof, for such purpose, together with payment of the Purchase Price for each one one-thousandth of a Series A Preferred Share as to which the Rights are exercised, at or prior to the earliest Close of Business on the earlier of (i) July 6, 2010 (the "Final Expiration Date"), (ii) the time at date on which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Pfsweb Inc), Rights Agreement (Pfsweb Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as otherwise provided herein, the Rights shall become exercisable on the Distribution Date, and thereafter the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant may, subject to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may and except as otherwise provided herein, exercise the Rights evidenced thereby in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Share Stock as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) the close of business on March 3, 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Emcor Group Inc), Rights Agreement (Emcor Group Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 11(a)(ii) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the price per share (rounded to the nearest cent) provided for in paragraph (b) below (the "Purchase Price Price") for each one one-thousandth of a Preferred Common Share as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on March 3, 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Championship Auto Racing Teams Inc), Rights Agreement (Championship Auto Racing Teams Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth hundredths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on [ ], 2013 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Westar Industries Inc), Rights Agreement (Westar Energy Inc /Ks)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase on the reverse side thereof duly and properly executed, to the Rights Agent at its principal officethe designated office of the Rights Agent, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a shares of Preferred Share Stock (or shares of Common Stock, other securities, cash or other assets, as the case may be) as to which the Rights are exercisedthen exercisable, at or prior to the earliest of (i) the Close of Business on October 1, 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are exchanged as provided in Section 24, or (iii) the time at which the Rights are redeemed as provided in Section 23 hereof, (iii) such earliest date being herein referred to as the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Engelhard Corp), Rights Agreement (Engelhard Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the appropriate form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Final Expiration Dateclose of business on August 4, 2007 (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "REDEMPTION DATE"), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Cigna Corp), Rights Agreement (Cigna Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced represented thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price with respect to each surrendered Right for each one one-thousandth the total number of a Preferred Share Shares (or Common Shares or other securities or property, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on _______, 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Omega Worldwide Inc), Omega Worldwide Inc

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) As provided herein, each Right shall be exercisable to purchase one Common Share, subject to adjustment. The registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its the principal officeoffice of the Rights Agent, together with payment of the Purchase Price for each one one-thousandth of a Preferred Common Share as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on May 26, 2018, subject to extension (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the “Redemption Date”), and (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Badger Meter Inc), Rights Agreement (Badger Meter Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as provided in Section 23(c), the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on April 28, 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided any merger or other acquisition involving the Company pursuant to an agreement described in Section 23 1(c)(ii)(A)(2) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Sandisk Corp), Rights Agreement (Sandisk Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Sections 23(b) and 24(c) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice of the Rights Agent, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on February 10, 2022 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the “Redemption Date”), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided any merger or other acquisition involving the Company pursuant to an agreement described in Section 23 1(c)(ii)(A)(2) hereof.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on , 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Commscope Inc), Rights Agreement (Commscope Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to subsection (e), the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a Preferred Share (or such other number of Preferred Shares or other securities) as to which the Rights are exercised, at or prior to the earliest of (i) the Final Expiration Dateclose of business on April 21, 2008 (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof24 hereof (the "REDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or 25 hereof (iv) such earliest time being herein referred to as the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"EXPIRATION DATE").

Appears in 2 contracts

Samples: Rights Agreement (Xionics Document Technologies Inc), Rights Agreement (Xionics Document Technologies Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Sections 23(b) and 24(c) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice of the Rights Agent, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on February 10, 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided any merger or other acquisition involving the Company pursuant to an agreement described in Section 23 1(c)(ii)(A)(2) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Corvel Corp), Rights Agreement (Corvel Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The registered holder of any Right Certificate may, subject to the second paragraph of Section 11 (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may a)(ii), exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its the principal officeoffice of the Rights Agent, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on April 24, 2008 (the "Final Expiration Date," provided that prior to the Distribution Date the "Final Expiration Date" for purposes of Rights associated with any Warrant shall be the earlier of the date of expiration or exercise of such Warrant), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Video Update Inc), Rights Agreement (Video Update Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Final Expiration DateClose of Business on May 28, 2001 (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "REDEMPTION DATE"), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Puroflow Inc), Rights Agreement (Puroflow Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The 7.1. Subject to Section 7.6 hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths (1/1000ths) of a share of Preferred Share Stock (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest earlier of (i) the Close of Business on February 13, 2008 (the "Final Expiration Date"), or (ii) the time at which the Rights are --------------------- redeemed as provided in Section 23 hereof, hereof (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof."Redemption Date"). ---------------

Appears in 2 contracts

Samples: Rights Agreement (Netvantage Inc), Rights Agreement (Netvantage Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Sections 9(e) and 11(a)(iii) and (iv), the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase shares and certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officeoffice or such other office designated by it for such purpose, together with payment of the Purchase Price for each one oneten-thousandth of a Preferred Share (or other securities, cash and/or assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on November 21, 2010 (the "Final Expiration Date"), (ii) the date and time at which the Rights are redeemed as provided in Section 23 hereof, (iii) the date and time at which such the Rights are exchanged as provided in Section 24 hereof, hereof or (iv) the time at which the Rights expire in connection with pursuant to Section 13(d) (such earliest date and time being referred to herein as the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Fleetboston Financial Corp), Rights Agreement (Fleetboston Financial Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth hundredths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to before the earliest of (i) the Close of Business on October 19, 2008 (the "Final Expiration Date"), (ii) the time at date on which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at date on which such the Rights are exchanged as provided in pursuant to Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Impac Mortgage Holdings Inc), Rights Agreement (Impac Commercial Holdings Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as otherwise provided herein, the Rights will become exercisable on the Distribution Date, and thereafter the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant may, subject to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may and except as otherwise provided herein, exercise the Rights evidenced thereby in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth –hundredth of a share of Preferred Share Stock as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) the close of business on ___________, 2013 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, (the “Redemption Date”) or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof24.

Appears in 2 contracts

Samples: Rights Agreement (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as otherwise provided herein, the Rights shall become exercisable on the Distribution Date, and thereafter the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a Preferred Share as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) the Final Expiration DateClose of Business on October 7, 2009 (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "REDEMPTION DATE") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Interstate Bakeries Corp/De/), Rights Agreement (Interstate Bakeries Corp/De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as otherwise provided herein, the Rights shall become exercisable on the Distribution Date, and thereafter the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a Preferred Share as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) the Final Expiration DateClose of Business on May 25, 2010 (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "REDEMPTION DATE") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Interstate Bakeries Corp/De/), Rights Agreement (Interstate Bakeries Corp/De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase on the reverse side thereof duly and properly executed, to the Rights Agent at its principal officethe designated office of the Rights Agent, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a shares of Preferred Share Stock (or shares of Common Stock, other securities, cash or other assets, as the case may be) as to which the Rights are exercisedthen exercisable, at or prior to the earliest of (i) the close of business on December 17, 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are exchanged as provided in Section 24, or (iii) the time at which the Rights are redeemed as provided in Section 23 hereof, (iii) such earliest date being herein referred to as the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Anadigics Inc), Rights Agreement (Anadigics Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousands of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on April 7, 2010 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date"); (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Cabot Microelectronics Corp), Rights Agreement (Cabot Microelectronics Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to the provisions of Sections 7(e) and 7(f), the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender presentation of the Right Rights Certificate, with the appropriate form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice of the Rights Agent, together with payment of the Purchase Price for each one one-ten thousandth of a Preferred Share (or such other number, securities or property, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on November 21, 2006 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof24, (iii) the time at which such Rights are exchanged as provided in consummation of a transaction contemplated by Section 24 hereof13(d), or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer are exchanged as provided in Section 23 hereof24(c) (such earliest time being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Agouron Pharmaceuticals Inc), Rights Agreement (Agouron Pharmaceuticals Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price with respect to each surrendered Right for each one one-thousandth the total number of a Preferred Share Shares (or Common Shares or other securities or property, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on June 11, 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereofhereof (the earliest to occur of the events described in (i), or (ivii) and (iii) being herein referred to as the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Cabot Industrial Trust), Rights Agreement (Cabot Industrial Trust)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the close of business on the tenth anniversary of the date of this Agreement (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Redemption Date").

Appears in 2 contracts

Samples: Rights Agreement (United Natural Foods Inc), Rights Agreement (United Natural Foods Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price with respect to each surrendered Right for each one one-thousandth the total number of a Preferred Share Shares (or other securities or property, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on April 1, 2006 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged by the Company as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Brunswick Corp), Rights Agreement (Brunswick Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to the provisions hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe designated office of the Rights Agent, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a shares of Preferred Share Stock (or shares of Common Stock, other securities, cash or other assets, as the case may be) as to which the Rights are exercisedthen exercisable, at or prior to the earliest of (i) the close of business on , 2010 (the "Final Expiration Date"), (ii) the time at which the Rights are exchanged as provided in Section 24, or (iii) the time at which the Rights are redeemed as provided in Section 23 hereof, (iii) such earliest date being herein referred to as the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Gentiva Health Services Inc), Rights Agreement (Gentiva Health Services Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Separation Date 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 its the principal officeoffice of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Series B Share as to which the Rights are exercised, at or prior to the earliest close of business on the earlier of (i) October 5, 2008 (the "Final Expiration Date"), (ii) the time at date on which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Loehmanns Inc), Rights Agreement (Loehmanns Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as provided in Section 23(c), the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on April 28, 2007 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the “Redemption Date”), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided any merger or other acquisition involving the Company pursuant to an agreement described in Section 23 1(d)(ii)(A)(2) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Sandisk Corp), Rights Agreement (Sandisk Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth (or other unit) of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on July 23, 2000 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in any merger or other acquisition involving the Company which satisfies the conditions of Section 23 13(b) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Half Robert International Inc /De/), Rights Agreement (Half Robert International Inc /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as otherwise provided herein, the Rights shall become exercisable on the Distribution Date, and thereafter the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredths of a Preferred Share as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) 5:00 p.m., Denver time, on December 12, 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Rock Bottom Restaurants Inc), Rights Agreement (Rock Bottom Restaurants Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each one with respect to the total number of one-thousandth thousandths of a Preferred Share share (or other securities, cash or other assets, as the case may be) as to which the such surrendered Rights are exercisedthen exercisable, at or prior to the earliest earlier of (i) the close of business on June 1, 2010 (the "Final Expiration Date, ") or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (iiithe earlier of (i) and (ii) being herein referred to as the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Graphic Packaging International Corp), Rights Agreement (Graphic Packaging International Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on June 12, 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 2 contracts

Samples: Rights Agreement (Commscope Inc), Rights Agreement (Nextlevel Systems Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price with respect to each surrendered Right for each one one-thousandth the total number of a Preferred Share Shares (or Common Shares or other securities or property, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on October 17, 2011 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereofhereof (the earliest to occur of the events described in (i), or (ivii) and (iii) being herein referred to as the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Indymac Bancorp Inc), Rights Agreement (Indymac Bancorp Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (aA) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-one- thousandth of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the close of business on May 15, 2007 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such the Rights are exchanged as provided in pursuant to Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Crown Laboratories Inc /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 11(a)(ii) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided in this Agreement), in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purposes, together with payment of the Purchase Price (as hereinafter defined) for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on the 10th anniversary of the date of this Agreement (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the “Redemption Date”), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Perma Fix Environmental Services Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 11(a)(ii) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the Purchase Price price per share (rounded to the nearest cent) provided for in paragraph (b) below (the "PURCHASE PRICE") for each one one-thousandth share of a Preferred Share Common Stock as to which the Rights are exercised, at or prior to the earliest of (i) the Final Expiration DateClose of Business on September 7, 2011 (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "REDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Synovics Pharmaceuticals)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as provided in Section 23(c), the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on April 30, 2007, (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided any merger or other acquisition involving the Company pursuant to an agreement described in Section 23 1(c)(ii)(A)(2) hereof.

Appears in 1 contract

Samples: Rights Agreement (Pharmacyclics Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Sections 7(e) and 11(a)(ii), and except as otherwise provided herein, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a Preferred Share (or Common Shares, other securities, cash or other assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest earlier of (i) the close of business on August 5, 2013 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof(the “Redemption Date”), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Sea Pines Associates Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to the provisions of Section 11(a)(iii) of this Agreement, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share (or, following the occurrence of a Triggering Event, Common Shares and/or other securities, cash or other property, as the case may be) as to which the Rights are exercised, at or prior to the earliest earlier of the Close of Business on (i) March 24, 2009 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofof this Agreement (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereofthis Agreement.

Appears in 1 contract

Samples: Rights Agreement (Harvard Industries Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth hundredths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to before the earliest of (i) the Close of Business on February 26, 2008 (the "Final Expiration Date"), (ii) the time at date on which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at date on which such the Rights are exchanged as provided in pursuant to Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Advanced Machine Vision Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time on or after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the close of business on December 12, 2006 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (National Wireless Holdings Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth hundredths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to before the earliest of (i) the Close of Business on April 3, 2008 (the "Final Expiration Date"), (ii) the time at date on which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at date on which such the Rights are exchanged as provided in pursuant to Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Eltron International Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 11(a)(ii) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the price per share (rounded to the nearest cent) provided for in paragraph (b) below (the "Purchase Price Price") for each one one-thousandth of a Preferred Common Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on April 30, 2013 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Wegener Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each one one-thousandth with respect to the total number of a Preferred Share shares of Common Stock (or other securities, cash or other assets, as the case may be) as to which the such surrendered Rights are exercisedthen exercisable, at or prior to the earliest earlier of (i) the close of business on February 20, 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof or (iii) the time at which such the Rights are exchanged as provided in Section 24 hereofhereof (the earlier of (i), or (ivii) and (iii) being herein referred to as the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Frontier Airlines Inc /Co/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 11(a)(ii) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the price per share (rounded upward to the nearest cent in the event of a fractional price) provided for in paragraph (b) below (the "Purchase Price Price") for each one one-thousandth of a Preferred Common Share as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on Monday, June 4, 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Shareholder Rights Agreement (First McMinnville Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The 7.1. Subject to Section 7.6 hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the total Purchase Price for each the total number of one one-thousandth thousandths (1/1000ths) of a share of Preferred Share Stock (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to before the earliest earlier of (iA) the Final Expiration DateClose of Business on May 2, 2012 (iithe "FINAL EXPIRATION DATE"), or (B) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"REDEMPTION DATE").

Appears in 1 contract

Samples: Rights Agreement (Thoratec Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as otherwise provided herein, the Rights shall become exercisable on the Distribution Date, and thereafter the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant may, subject to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may and except as otherwise provided herein, exercise the Rights evidenced thereby in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Share Stock as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) the Close of Business on February 9, 2006 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Cadence Design Systems Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price with respect to each surrendered Right for each one one-thousandth the total number of a shares of Preferred Share Stock (or other securities or property, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on July 11, 2009 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (the earliest of (i) or (ii) being herein referred to as the "Expiration Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Allete Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each one one-thousandth the total number of 1/100th of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Final Expiration DateClose of Business on December 21, 2008 (the "FINAL EXPIRATION DATE"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"REDEMPTION DATE").

Appears in 1 contract

Samples: Applied Microsystems Corp /Wa/

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the close of business on February 19, 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (Employee Solutions Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) and Section 7(g) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced represented thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on October 12, 2010 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date"); (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (Reckson Operating Partnership Lp)

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Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to (upon effectiveness of the Final Expiration Date registration statement described in Section 9(d)(i) below) 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 its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share (or such other number of shares or other securities) as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on October 21, 2011 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Sequenom Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe designated office of the Rights Agent, along with a signature guarantee and such other and further documentation as the Rights Agent may reasonably request, together with payment of the Purchase Price (in the manner specified in Section 7(c) hereof) for each one one-thousandth of hundredth interest in a Preferred Share as to which the Rights are exercised, at or prior to the earliest earlier of (i) the close of business on September 23, 2004 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof."

Appears in 1 contract

Samples: Rights Agreement (Foster Wheeler LTD)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part (subject, in the case of exercise for fractional Preferred Shares, to the provisions of Section 14(b) hereof) at any time after the Distribution Date and prior to the Final Expiration Date 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 its the principal officeoffice of the Rights Agent, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercisedexercised and an amount equal to any applicable transfer tax required to be paid by the holder of such Right Certificate in accordance with Section 9 hereof, at or prior to the earliest of (i) the close of business on May 31, 2001 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Bell Industries Inc /New/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth hundredths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on [ ], 2013 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the “Redemption Date”), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (Oneok Inc /New/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The a. Except as provided in Section 23(c), the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-one- thousandth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on August 18, 2006, (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided any merger or other acquisition involving the Company pursuant to an agreement described in Section 23 1(c)(ii)(A)(2) hereof.. "

Appears in 1 contract

Samples: Rights Agreement (Pharmacyclics Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) or as otherwise provided in this Rights Agreement, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby in whole at any time or in part at any from time to time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase on the reverse side thereof duly executedexecuted (with such signature duly guaranteed), to the Rights Agent at its principal office, the office of the Rights Agent designated for such purposes together with payment of the Purchase Price for (defined below), or portion thereof, as applicable, with respect to each one one-thousandth of a Preferred Share Unit or Units (and/or other securities or property in lieu thereof) as to which the Rights are exercised, subject to adjustment as hereinafter provided, at or prior to the earliest Close of Business on the earlier of (i) December 31, 2011 (this date, the Final Expiration Date”), (ii) the time at date on which all of the Rights are redeemed as provided in Section 23 hereof(this date, the “Expiration Date”) or (iii) the time at date on which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof24.

Appears in 1 contract

Samples: Rights Agreement (Toreador Resources Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, in 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 and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly and properly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Share Stock (or other securities, cash or other assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on April 24, 2016 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed (the “Redemption Date”) as provided in Section 23 hereof, hereof or (iii) the time at which such the Rights are exchanged (the “Exchange Date”) as provided in Section 24 hereofhereof (the earliest of (i), or (ivii) and (iii) being herein referred to as the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof“Expiration Date”).

Appears in 1 contract

Samples: Rights Agreement (Sunrise Senior Living Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as otherwise provided herein, the Rights shall become exercisable on the Distribution 19 Date, and thereafter the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant may, subject to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may and except as otherwise provided herein, exercise the Rights evidenced thereby in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Share Stock as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) the close of business on October 23, 2006 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Cognizant Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each one one-thousandth with respect to the total number of a Preferred Share shares of Common Stock (or other securities, cash or other assets, as the case may be) as to which the such surrendered Rights are exercisedthen exercisable, at or prior to the earliest earlier of (i) the close of business on March 20, 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof or (iii) the time at which such the Rights are exchanged as provided in Section 24 hereofhereof (the earlier of (i), or (ivii) and (iii) being herein referred to as the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Canyon Resources Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as provided in Section 23(c), the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on July 21, 2007, (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided any merger or other acquisition involving the Company pursuant to an agreement described in Section 23 l(c)(ii)(A)(2) hereof.

Appears in 1 contract

Samples: Rights Agreement (Idec Pharmaceuticals Corp / De)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the appropriate form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the close of business on January 16, 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Form of Rights Agreement (Hawk Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each one with respect to the total number of one-thousandth thousandths of a Preferred Share share (or other securities, cash or other assets, as the case may be) as to which the such surrendered Rights are exercisedthen exercisable, at or prior to the earliest earlier of (i) the close of business on February 25, 2009 (the "Final Expiration Date, ") or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (iiithe earlier of (i) and (ii) being herein referred to as the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Eftc Corp/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price with respect to each surrendered Right for each one one-thousandth the total number of a Participating Preferred Share Shares (or Class A Shares, Class B Shares or other securities or property, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on ___________ ___, 2007 or, if extended, such later date (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Section 16 (Security Capital Group Inc/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as otherwise provided herein, the Rights shall become exercisable on the Distribution Date, and thereafter the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant may, subject to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may and except as otherwise provided herein, exercise the Rights evidenced thereby in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe office or 20 25 agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Share Stock as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) the close of business on October 23, 2006 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Acnielsen Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The 7.1. Subject to Section 7.6 hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the total Purchase Price for each the total number of one one-thousandth thousandths (1/1000ths) of a share of Preferred Share Stock (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to before the earliest earlier of (iA) the Close of Business on May 27, 2015 (the “Final Expiration Date”), or (iiB) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof“Redemption Date”).

Appears in 1 contract

Samples: Rights Agreement (Neurobiological Technologies Inc /Ca/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Final Expiration Dateclose of business on May 15, 2008 (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "REDEMPTION DATE") or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (Neff Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, in 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 and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly and properly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth half of a Preferred Share share of Common Stock (or other securities, cash or other assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on February 8, 2018 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed (the “Redemption Date”) as provided in Section 23 hereof, or (iii) the time at which such the Rights are exchanged (the “Exchange Date”) as provided in Section 24 hereofhereof (the earliest of (i), or (ivii), and (iii) being herein referred to as the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof“Expiration Date”).

Appears in 1 contract

Samples: Rights Agreement (Shenandoah Telecommunications Co/Va/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Final Expiration DateClose of Business on April 23, 2007 (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "REDEMPTION DATE"), (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (Department 56 Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to the provisions of Section 11(a)(iii) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its the principal officeoffice of the Rights Agent, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share (or such other securities or property, as the case may be, as provided in this Agreement) as to which the Rights are exercised, at or prior to the earliest of (i) the Final Expiration Dateclose of business on the tenth anniversary of the date of this Agreement (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "REDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Plan Agreement (Winnebago Industries Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-one- thousandth of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the close of business on May 15, 2007 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such the Rights are exchanged as provided in pursuant to Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Crown Laboratories Inc /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a share of Preferred Share Stock (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on September ___, 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof24 hereof (the "Redemption Date"), (iii) the time at which such the Rights are exchanged as provided in Section 24 25 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(e) hereof.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Theglobe Com Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as provided in Sections 7(e) and 23(c), the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth share of a Preferred Share Common Stock (or other securities, cash or other assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the Final Expiration DateClose of Business on October 30, 2011 (the "FINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "REDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereofhereof (the earlier of (i), or (ivii) and (iii) being the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"EXPIRATION DATE").

Appears in 1 contract

Samples: Rights Agreement (Delcath Systems Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on October 23, 2001 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided any merger or other acquisition involving the Company pursuant to an agreement described in Section 23 1(c)(ii)(A)(2) hereof.

Appears in 1 contract

Samples: Rights Agreement (Digital Microwave Corp /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Except as otherwise provided herein, the Rights shall become exercisable on the Distribution Date, and thereafter the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part part, at any time after the Distribution Date and prior to the Final Expiration Date Date, 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 its the principal officeoffice of the Rights Agent, together with payment of the Purchase Price for each one one-thousandth of a Preferred Common Share (or other securities, cash or other assets, as the case may be) as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the time (the "Expiration Date") that is the earliest of (i) the Close of Business on December 31, 2020 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Brek Energy Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to the provisions of Section 11(a)(iii) of this Agreement, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office or agency of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a Preferred Share (or, following the occurrence of a Triggering Event, Common Shares and/or other securities, cash or other property, as the case may be) as to which the Rights are exercised, at or prior to the earliest earlier of the Close of Business on (i) March 23, 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofof this Agreement (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereofthis Agreement.

Appears in 1 contract

Samples: Rights Agreement (Delphi Information Systems Inc /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each one one-thousandth hundredth of a Preferred Share (or such other securities, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on June 26, 2007 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Amended And (Old Republic International Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share Unit (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on October 13, 2010 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date"); (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (Reckson Operating Partnership Lp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on July 8, 2011 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date"); (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (Promotions Com Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on October 31, 2008 (the "Final ----- Expiration Date"), (ii) the time at which the Rights are redeemed as provided in --------------- Section 23 hereof, hereof (the "Redemption Date"); (iii) the time at which such the Rights --------------- are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (NNG Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth hundredth of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the close of business on December 10, 2009 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof"Redemption Date").

Appears in 1 contract

Samples: Rights Agreement (Neomedia Technologies Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on June 12, 2009 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date"); (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (Gleason Corp /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth hundredths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to before the earliest of (i) the Close of Business on December 1, 2013 (the "Final Expiration Date"), (ii) the time at date on which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at date on which such the Rights are exchanged as provided in pursuant to Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.. STOCKHOLDER RIGHTS AGREEMENT

Appears in 1 contract

Samples: Stockholder Rights Agreement (Tvi Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its the principal officeoffice or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the close of business on May 15, 2007 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which such the Rights are exchanged as provided in pursuant to Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Rights Agreement (Crown Laboratories Inc /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date 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 its principal officethe designated office of the Rights Agent, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a shares of Preferred Share Stock (or shares of Common Stock, other securities, cash or other assets, as the case may be) as to which the Rights are exercisedthen exercisable, at or prior to the earliest of (i) the close of business on June 22, 2012 (the “Final Expiration Date”), (ii) the time at which the Rights are exchanged as provided in Section 24, or (iii) the time at which the Rights are redeemed as provided in Section 23 hereof, (iii) such earliest date being herein referred to as the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof“Expiration Date”).

Appears in 1 contract

Samples: Rights Agreement (Lydall Inc /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, in the restrictions on exercisability set forth in Sections 9(c), 11(a)(iii) and 23(a) hereof) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Share Stock (or Common Stock, other securities, cash or other assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on September 7, 2021 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed (the “Redemption Date”) as provided in Section 23 hereof, hereof or (iii) the time at which such the Rights are exchanged (the “Exchange Date”) as provided in Section 24 hereofhereof (the earliest of (i), or (ivii) and (iii) being herein referred to as the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof“Expiration Date”).

Appears in 1 contract

Samples: Rights Agreement (Genvec Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly and properly executed, to the Rights Agent at its principal officethe office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a Preferred Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on March 8, 2009 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, hereof (the "Redemption Date"); (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in transaction contemplated by Section 23 13(d) hereof.

Appears in 1 contract

Samples: Rights Agreement (Footstar Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 7(e) hereof, the registered holder of any Right Rights Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, in 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 and prior to the Final Expiration Date upon surrender of the Right Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly and properly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Share Stock (or other securities, cash or other assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on January 17, 2021 (the “Final Expiration Date”), (ii) the time at which the Rights are redeemed (the “Redemption Date”) as provided in Section 23 hereof, hereof or (iii) the time at which such the Rights are exchanged (the “Exchange Date”) as provided in Section 24 hereofhereof (the earliest of (i), or (ivii) and (iii) being herein referred to as the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof“Expiration Date”).

Appears in 1 contract

Samples: Rights Agreement (White Mountain Titanium Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Section 11(a)(ii) hereof, the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby (except as otherwise provided in this Agreement), in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at its principal officethe office of the Rights Agent designated for such purposes, together with payment of the Purchase Price (as hereinafter defined) for each one one-thousandth hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on the 10th anniversary of the date of this Agreement (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof, or (iv) the time at which the Rights expire in connection with the consummation of a Qualifying Offer as provided in Section 23 hereof.

Appears in 1 contract

Samples: Renewed Rights Agreement (LSB Industries Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) The Subject to Sections 11(a)(iii) and (iv), the registered holder of any Right Certificate (other than a holder whose Rights have become void pursuant to Section 11(a)(ii) hereof or have been redeemed pursuant to Section 23 hereof) may exercise the Rights evidenced thereby in whole or in part at any time after the Distribution Date and prior to the Final Expiration Date upon surrender of the Right Certificate, with the form of election to purchase shares and certificate on the reverse side thereof duly executed, to the Rights Agent at its principal officeoffice designated by it for such purpose, together with payment of the Purchase Price for each one oneten-thousandth of a Preferred Share (or other securities, cash and/or assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest earlier of (i) the Close of Business on February 13, 2012 (the "Final Expiration Date"), (ii) the date and time at which the Rights are redeemed as provided in Section 23 hereof, (iii) the date and time at which such the Rights are exchanged as provided in Section 24 hereof, hereof or (iv) the time at which the Rights expire in connection with pursuant to Section 13(d) (such earliest date and time being referred to herein as the consummation of a Qualifying Offer as provided in Section 23 hereof"Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Carbo Ceramics Inc)

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