Common use of Holders of CVRs; Appointment of Rights Agent Clause in Contracts

Holders of CVRs; Appointment of Rights Agent. (a) The CVRs represent the rights of Holders to receive CVR Payments pursuant to this Agreement. The initial Holders will be the holders of Common Stock as of immediately prior to the First Effective Time. One CVR will be issued with respect to each share of Common Stock that is outstanding as of immediately prior to the First Effective Time. (b) The Company hereby appoints the Rights Agent to act as Rights Agent for the Company in accordance with the express terms and conditions set forth in this Agreement, and the Rights Agent hereby accepts such appointment.

Holders of CVRs; Appointment of Rights Agent. (a) The CVRs represent As provided in the rights of Holders Merger Agreement, each Holder shall be entitled to receive one CVR Payments pursuant to this Agreement. The initial Holders will be the holders of Common Stock as of for each Share outstanding immediately prior to the First Effective Time. One CVR will be issued with respect to each share of Common Stock Time that is outstanding as of immediately prior converted into the right to receive the Merger Consideration pursuant to the First Effective TimeMerger Agreement. (b) The Company Parent hereby appoints the Rights Agent to act as Rights Agent rights agent for the Company Parent in accordance with the express terms and conditions set forth in this Agreement, and the Rights Agent hereby accepts such appointment.

Holders of CVRs; Appointment of Rights Agent. (a) The CVRs represent Pursuant to the rights terms of Holders the Merger Agreement, (i) each holder of any Shares shall be entitled to receive one CVR Payments pursuant to this Agreement. The initial Holders will be the holders for each such Share and (ii) each holder of Common Stock as of any 0000 Xxxxxxx that is outstanding immediately prior to the First Effective Time. One Time shall be entitled to one CVR will be issued with respect to for each share of Common Stock that is outstanding as of immediately prior to the First Effective TimeShare underlying such 2014 Warrant. (b) The Company Parent hereby appoints the Rights Agent to act as Rights Agent rights agent for the Company Parent in accordance with the express terms and conditions set forth in this Agreement, and the Rights Agent hereby accepts such appointment.

Holders of CVRs; Appointment of Rights Agent. (a) The CVRs represent the rights of Holders to receive CVR Cash Payments pursuant to this Agreement. The initial Holders will be the holders of Common Stock as of immediately prior to the First Effective Time. One CVR will be issued with respect to each share of Common Stock that is outstanding as of immediately prior to the First Effective Time. (b) The Company hereby appoints the Rights Agent to act as Rights Agent for the Company in accordance with the express terms and conditions (and no implied terms and conditions) set forth in this Agreement, and the Rights Agent hereby accepts such appointment.

Holders of CVRs; Appointment of Rights Agent. (a) The CVRs represent As provided in the rights Merger Agreement, effective as of Holders the Closing, each Holder will be entitled to receive one CVR Payments for each Share that is validly accepted for payment, and paid for, pursuant to this Section 1.8(c) of the Merger Agreement. The initial Holders will be the holders of Common Stock as of immediately prior to the First Effective Time. One CVR will be issued with respect to each share of Common Stock that is outstanding as of immediately prior to the First Effective Time. (b) The Company Aspire hereby appoints the Rights Agent to act as Rights Agent rights agent for the Company Aspire in accordance with the express terms and conditions set forth in this Agreement, and the Rights Agent hereby accepts such appointment.

Holders of CVRs; Appointment of Rights Agent. (a) The CVRs represent the rights of Holders to receive CVR Cash Payments pursuant to this Agreement. The initial Holders will be the holders of Common Stock as of immediately prior to the First Effective Time. One CVR will be issued with respect to each share of Common Stock that is outstanding as of immediately prior to the First Effective Time. (b) The Company hereby appoints the Rights Agent to act as Rights Agent for the Company in accordance with the express terms and conditions set forth in this Agreement, and the Rights Agent hereby accepts such appointment.

Holders of CVRs; Appointment of Rights Agent. (a) The CVRs represent the rights of Holders to receive CVR Payments pursuant to this Agreement. The initial Holders will be the holders of Common Stock as of immediately prior to 5:00 p.m. ET on the First Effective Record Date (the “Record Time”). One CVR will be issued with respect to each share of Common Stock that is outstanding as of immediately prior to the First Effective Record Time. (b) The Company hereby appoints the Rights Agent to act as Rights Agent for the Company in accordance with the express terms and conditions set forth in this Agreement, and the Rights Agent hereby accepts such appointment.