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) Subject to Section 7(e) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one ten-thousandths 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 20, 2011 (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.

Appears in 2 contracts

Samples: Rights Agreement (American Medical Security Group Inc), Rights Agreement (American Medical Security Group Inc)

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Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(eSections 23(b) and 24(c) hereof, the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20February 10, 2011 2022 (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 consummation of any merger or other acquisition involving the Company pursuant to an agreement described in Section 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) Subject to Section 7(e) hereof, the The registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Series A Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20July 28, 2011 2010 (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.

Appears in 2 contracts

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

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent in New York, New York, together with payment of the Purchase Price for each one tentwo-thousandths 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 August 20February 24, 2011 2008 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption Date")23, or (iii) the time at which such the Rights are exchanged as provided in Section 24 hereof24, or (iv) the time at which the Rights expire pursuant to Section 13(d) (the earliest of such times being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Phelps Dodge Corp), Rights Agreement (Phelps Dodge Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20March 6, 2011 2008 (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.

Appears in 2 contracts

Samples: Rights Agreement (Abc Bancorp), Rights Agreement (Abc Bancorp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20February 1, 2011 2009 (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.

Appears in 2 contracts

Samples: ___________________________________________________________ (Cv Therapeutics Inc), Rights Agreement (Cv Therapeutics Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(eSections 23(b) and 24(c) hereof, the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20February 10, 2011 2007 (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 consummation of any merger or other acquisition involving the Company pursuant to an agreement described in Section 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) Subject to Except as provided in Section 7(e) hereof23(c), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20April 28, 2011 2007 (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 consummation of any merger or other acquisition involving the Company pursuant to an agreement described in Section 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) Subject As provided herein, each Right shall be exercisable to Section 7(e) hereofpurchase one Common Share, the subject to adjustment. The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one ten-thousandths of a Preferred Common Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20May 26, 2011 2018, subject to extension (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption Date"), or and (iii) the time at which such Rights are exchanged as provided in Section 24 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) Subject to Section 7(e) hereofExcept as otherwise provided herein, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein)thereby, in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20September 25, 2011 2009 (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 the Rights are exchanged as provided in Section 24 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Banknorth Group Inc/Me), Rights Agreement (Peoples Heritage Financial Group Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one ten-thousandths the appropriate number of a Preferred Share shares of Common Stock as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on August 20March 8, 2011 2009 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption Date"), or ) and (iii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Appears in 2 contracts

Samples: Rights Agreement (Pennaco Energy Inc), Rights Agreement (Pennaco Energy Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20June 26, 2011 (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.

Appears in 2 contracts

Samples: Rights Agreement (Aerogen Inc), Rights Agreement (Cima Labs Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20September 26, 2011 2007 (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.

Appears in 2 contracts

Samples: Rights Agreement (Capital Corp of the West), Rights Agreement (Capital Corp of the West)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share Stock share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20January 16, 2011 2006 (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.

Appears in 2 contracts

Samples: Rights Agreement (Sierra Tahoe Bancorp), Rights Agreement (Sierra Tahoe Bancorp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase on the reverse side thereof duly and properly executed, to the Rights Agent at the principal office Designated Office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths thousandth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 2015, 2011 2009 (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.

Appears in 2 contracts

Samples: Rights Agreement (American Physicians Service Group Inc), Rights Agreement (American Physicians Service Group Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Separation Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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) the Close of Business on August 20October 5, 2011 2008 (the "Final Expiration Date"), (ii) the time at date on 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.

Appears in 2 contracts

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

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purposes, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20September 15, 2011 2008 (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.

Appears in 2 contracts

Samples: Rights Agreement (State Street Corp), Rights Agreement (State Street Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may may, subject to the second paragraph of Section 11(a)(ii), exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 20September 18, 2011 2008 (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.

Appears in 2 contracts

Samples: Rights Agreement (Grey Wolf Inc), Rights Agreement (Grey Wolf Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof11(a)(ii), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in this Agreement) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly completed and executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 2015, 2011 2007 (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 hereof24.

Appears in 2 contracts

Samples: Rights Agreement (Secure Computing Corp), Rights Agreement (Secure Computing Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20March 10, 2011 2008 (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.

Appears in 2 contracts

Samples: Rights Agreement (Hemacare Corp /Ca/), Rights Agreement (Hemacare Corp /Ca/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths thousandth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20_____________, 2011 2007 (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.

Appears in 1 contract

Samples: Rights Agreement (Securacom Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executedexecuted and the certificate contained therein duly completed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths thousandth of a share of Preferred Share Stock as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20February 5, 2011 2010 (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.

Appears in 1 contract

Samples: Rights Agreement (Pharmacia Corp /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal designated office of the Rights Agent, together with payment of the Purchase Price (in the manner specified in Section 7(c) hereof) for each one tenone-thousandths 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 August 20__________, 2011 2007 (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.

Appears in 1 contract

Samples: Rights Agreement (Providian Bancorp Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths thousandth of a Preferred Share (as such 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 August 20May 6, 2011 2007 (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.

Appears in 1 contract

Samples: Agreement (Apache Medical Systems Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20July 1, 2011 2014 (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.

Appears in 1 contract

Samples: Rights Agreement (Commerce Energy Group Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20April 1, 2011 (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.

Appears in 1 contract

Samples: Rights Agreement (Aurora Biosciences Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e11(a)(ii) hereofhereto, the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agentdesignated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share share of Preference Stock as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on August 20November 15, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Vulcan Materials CO)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20October 22, 2011 2009 (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.

Appears in 1 contract

Samples: Rights Agreement (Wind River Systems Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20March 4, 2011 2019 (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.

Appears in 1 contract

Samples: Rights Agreement (Evolving Systems Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20, 2011 the tenth anniversary of the date hereof (the "Final Expiration DateFINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption DateREDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Appears in 1 contract

Samples: Rights Agreement (Large Scale Biology Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20January 23, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Bolder Technologies Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20November 14, 2011 (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.

Appears in 1 contract

Samples: Rights Agreement (Telik Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20October 29, 2011 (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.

Appears in 1 contract

Samples: Rights Agreement (Kosan Biosciences Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided hereinin this Agreement), in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 2011, 2011 2012 (the "Final Expiration DateFINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption DateREDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Appears in 1 contract

Samples: Rights Agreement (Peabody Energy Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one ten-thousandths 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 August 20May 11, 2011 2010 (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(the "Exchange Date").

Appears in 1 contract

Samples: Rights Agreement (Valspar Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20June 16, 2011 2012 (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.

Appears in 1 contract

Samples: Rights Agreement (Amylin Pharmaceuticals Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one ten-thousandths one- 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 August 20February 8, 2011 2018 (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.

Appears in 1 contract

Samples: Rights Agreement (Cardiotech International Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20, 2011 (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.

Appears in 1 contract

Samples: Rights Agreement (EMAK Worldwide, Inc.)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 20October 9, 2011 2008 (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(the "Exchange Date").

Appears in 1 contract

Samples: Rights Agreement (Virtualfund Com Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof11(a)(ii), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in this Agreement) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly completed and executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to before the earliest of (i) the Close of Business on August 20October 4, 2011 2010 (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 hereof24.

Appears in 1 contract

Samples: Rights Agreement (International Multifoods Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20February 21, 2011 2015 (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.

Appears in 1 contract

Samples: Rights Agreement (Senomyx Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20December 31, 2011 2013 (the "Final Expiration DateFINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption DateREDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Appears in 1 contract

Samples: Rights Agreement (Piper Jaffray Companies)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20July 31, 2011 2009 (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.

Appears in 1 contract

Samples: Shareholder Protection Rights Agreement (Tehama Bancorp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one ten-thousandths one- hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20January 27, 2011 2007 (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.

Appears in 1 contract

Samples: Rights Agreement (Ostex International Inc /Wa/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 close of Business business on August 20November 6, 2011 2006 (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.

Appears in 1 contract

Samples: Rights Agreement (Igen Inc /Ca/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, along with a signature guarantee and such other and further documentation as the Rights Agent may reasonably require, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one ten-thousandths 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 August 20March 31, 2011 2009 (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.

Appears in 1 contract

Samples: Rights Agreement (Crown Crafts Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20September 30, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Butler Manufacturing Co)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20January 23, 2011 2007 (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(the "Exchange Date").

Appears in 1 contract

Samples: Rights Agreement (Blanch E W Holdings Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20February 6, 2011 (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.

Appears in 1 contract

Samples: Rights Agreement (Terayon Communication Systems)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20October 12, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Dataworks Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20September 17, 2011 2012 (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.

Appears in 1 contract

Samples: Rights Agreement (Dendreon Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20February 27, 2011 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.

Appears in 1 contract

Samples: Rights Agreement (Omnicell Inc /Ca/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Except as provided in Section 7(e) hereof11(a)(ii), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly completed and executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 2019, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Jostens Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20October [23], 2011 2007 (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.

Appears in 1 contract

Samples: Rights Agreement (Aviron)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20February 13, 2011 2012 (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.

Appears in 1 contract

Samples: Rights Agreement (Lightspan Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may may, subject to the second paragraph of SECTION 11(A)(II), exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one ten-thousandths 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 August 20, 2011 the 120th day following the execution of this Agreement (the "Final Expiration DateFINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section SECTION 23 hereof (the "Redemption DateREDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section SECTION 24 hereof.

Appears in 1 contract

Samples: Rights Agreement (Neuberger Berman Real Estate Income Fund Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(eSections 23(b) and 24(c) hereof, the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase and certification on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20February 10, 2011 2012 (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 consummation of any merger or other acquisition involving the Company pursuant to an agreement described in Section 1(c)(ii)(A)(2) hereof.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Corvel Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may may, subject to the second paragraph of Section 11(a)(ii), exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20December 6, 2011 2009 (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.

Appears in 1 contract

Samples: Rights Agreement (Huttig Building Products Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may may, subject to the second paragraph of Section 11(a)(ii), exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20June 27, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Crane Co /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20April 17, 2011 2008 (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.

Appears in 1 contract

Samples: The Rights Agreement (Coinstar Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20December 22, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Alternative Living Services Inc)

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Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date (but not prior thereto) upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 205, 2011 2018 (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.

Appears in 1 contract

Samples: Rights Agreement (Farmers & Merchants Bancorp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a the Preferred Share (or such other number of share or other securities) as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20March 19, 2011 2003 (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.

Appears in 1 contract

Samples: Rights Agreement (Epimmune Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof7(f), the registered holder of any Rights Certificate Certificates may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date upon surrender of the Rights Certificate, Right Certificate (with the form of election to purchase on the reverse side thereof duly executedcompleted), to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the aggregate Purchase Price (as adjusted from time to time as provided in Sections 11 and 13) for each one ten-thousandths 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 prior to the earliest of (i) the Close of Business on August 20, 2011 (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 hereof24.

Appears in 1 contract

Samples: Rights Agreement (Childrens Broadcasting Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Except as provided in Section 7(e) hereof11(a)(ii), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly completed and executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20March 6, 2011 (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.

Appears in 1 contract

Samples: Rights Agreement (Celeris Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20December 23, 2011 2016 (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(the "Exchange Date").

Appears in 1 contract

Samples: Rights Agreement (Possis Medical Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time time, subject to the last sentence of Section 23(a) hereof, after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly completed and properly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths of thousandth interest in a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on August 20April 10, 2011 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption Date"), or and (iii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Appears in 1 contract

Samples: Rights Agreement (Ilex Oncology Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may may, subject to the second paragraph of Section 11(a)(ii), exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20October 21, 2011 2007 (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.

Appears in 1 contract

Samples: Rights Agreement (Station Casinos Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20June 1, 2011 (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.

Appears in 1 contract

Samples: Rights Agreement (Inhale Therapeutic Systems Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one one-ten-thousandths 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 20April 28, 2011 2015 (the "Final Expiration DateFINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption DateREDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Appears in 1 contract

Samples: Rights Agreement (Cenveo, Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof11(a)(ii), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in this Agreement) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly completed and executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20June 10, 2011 2007 (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 hereof24.

Appears in 1 contract

Samples: Rights Agreement (Fsi International Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 close of Business business on August 2023, 2011 2003 (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.

Appears in 1 contract

Samples: Rights Agreement (Sea Pines Associates Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20February 28, 2011 2002 (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.

Appears in 1 contract

Samples: Finova Group Inc

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share (or, following a Triggering Event, 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 of (i) the Close of Business on August 20March 29, 2011 2020 (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.

Appears in 1 contract

Samples: Rights Agreement (Genesco Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 close of Business business on August 20March 8, 2011 2006 (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 hereofhereof (the earliest of (i), (ii) and (iii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Nellcor Puritan Bennett Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20June 10, 2011 2008 (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 Section24 hereof.

Appears in 1 contract

Samples: Rights Agreement (Mysoftware Co)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths thousandth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20May 31, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Lee Enterprises Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time time, subject to the last sentence of Section 23 hereof, after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly completed and executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths of hundredth interest in a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20March 8, 2011 2009 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption Date"), or and (iii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Appears in 1 contract

Samples: Rights Agreement (BFX Hospitality Group Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20January 30, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Sulcus Hospitality Technologies Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time time, subject to the last sentence of Section 23(a) hereof, after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly completed and executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths of hundredth interest in a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on August 20September 17, 2011 (the "Final Expiration Date"), (iii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption Date"), or (iiii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Appears in 1 contract

Samples: Rights Agreement (Bindview Development Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights 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 the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20October 12, 2011 2018 (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.

Appears in 1 contract

Samples: Rights Agreement (Freds Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one ten-thousandths one- 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 August September 20, 2011 2017 (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.

Appears in 1 contract

Samples: Rights Agreement (Bank Jos a Clothiers Inc /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20March 4, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (WTD Industries Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 close of Business business on August 20December 15, 2011 2005 (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.

Appears in 1 contract

Samples: Rights Agreement (Exar Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20December 1, 2011 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.

Appears in 1 contract

Samples: Rights Agreement (Genesis Health Ventures Inc /Pa)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may may, subject to the second paragraph of Section 11(a)(ii), exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths hundredth of a Preferred Special Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on August 20March 12, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Alliance Gaming Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20December 23, 2011 (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.

Appears in 1 contract

Samples: Rights Agreement (Esoft Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof12(a)(ii), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agentits Corporate Trust Office, together with payment of the Purchase Price for each one tenone-thousandths thousandth (1/1000) of a Preferred Share (or other securities) as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on August 20, 2011 (the "Final Expiration Date"), (ii) the time at which on the Redemption Date such Rights are optionally redeemed as provided in Section 23 24 hereof (the "Redemption Date"), or (iii) the time at which such Rights are mandatorily redeemed and exchanged as provided in Section 24 25 hereof.

Appears in 1 contract

Samples: Rights Agreement (Stone Energy Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 (i1) the Close of Business on August June 20, 2011 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.

Appears in 1 contract

Samples: Rights Agreement (Ribapharm Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 20, 2011 [TEN YEARS FROM EFFECTIVE DATE] (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(the "Exchange Date").

Appears in 1 contract

Samples: Rights Plan Agreement (Medgenesis Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20May 23, 2011 2010 (the "Final Expiration DateFINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption REDEMPTION Date"), ) or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof(the "EXCHANGE DATE").

Appears in 1 contract

Samples: Rights Agreement (Rainforest Cafe Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20December 17, 2011 (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.

Appears in 1 contract

Samples: Rights Agreement (Caliper Technologies Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20December 12, 2011 2010 (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.

Appears in 1 contract

Samples: Rights Agreement (Diversa Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 20December 18, 2011 2006 (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(the "Exchange Date").

Appears in 1 contract

Samples: Rights Agreement (Chronimed Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20October 18, 2011 2010 (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.

Appears in 1 contract

Samples: Rights Agreement (Eloquent Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may may, subject to the second paragraph of Section 11(a)(ii), exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20June 27, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Crane Co /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August July 20, 2011 2010 (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.

Appears in 1 contract

Samples: Rights Agreement (Sungard Data Systems Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof11(a)(ii), the registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in this Agreement) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly completed and executed, to the Rights Agent at the principal office or offices of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20June 30, 2011 2018 (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 hereof24.

Appears in 1 contract

Samples: Rights Agreement (Digi International Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), ) in whole or in part, part at any time after the Distribution Date upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent, together with payment of the Purchase Price for each one tenone-thousandths thousandth of a Preferred Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on August 20September 30, 2011 2008 (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.

Appears in 1 contract

Samples: Rights Agreement (Universal Foods Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Rights Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein), in whole or in part, at any time after the Distribution Date Date, upon surrender of the Rights Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights AgentAgent designated for such purpose, together with payment of the Purchase Price for each one tenone-thousandths 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 August 20July 9, 2011 2010 (the "Final Expiration DateFINAL EXPIRATION DATE"), (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption DateREDEMPTION DATE"), or (iii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Appears in 1 contract

Samples: Rights Agreement (At&t Wireless Services Inc)

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