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

Holders of CVRs; Appointment of Rights Agent. (a) As provided in the Merger Agreement, and subject to the terms thereof, the initial Holders shall be the holders of shares of Company Common Stock (other than (i) Cancelled Company Shares and (ii) any Dissenting Company Shares) immediately prior to the Effective Time that are validly converted into the Merger Consideration pursuant to Section 2.1(a) of the Merger Agreement. (b) Parent hereby appoints the Rights Agent to act as rights agent for 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) As provided in Pursuant to the terms of the Merger Agreement, and subject to the terms thereof, the initial Holders shall be the holders of shares of Company Common Stock (other than (i) Cancelled Company each holder of any Shares shall be entitled to one CVR for each such Share and (ii) each holder of any Dissenting Company Shares) 0000 Xxxxxxx that is outstanding immediately prior to the Effective Time that are validly converted into the Merger Consideration pursuant shall be entitled to Section 2.1(a) of the Merger Agreementone CVR for each Share underlying such 0000 Xxxxxxx. (b) Parent hereby appoints the Rights Agent to act as rights agent for 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) As provided in Pursuant to the terms of the Merger Agreement, and subject to the terms thereof, the initial Holders shall be the holders of shares of Company Common Stock (other than (i) Cancelled each holder of any Shares or Company Shares Restricted Stock Awards that are converted into the right to receive the Merger Consideration shall be entitled to one CVR for each such Share or Company Restricted Stock Award and (ii) each holder of any Dissenting Company Shares) Option that is outstanding immediately prior to the Effective Time that are validly converted into the Merger Consideration pursuant shall be entitled to Section 2.1(a) of the Merger Agreementone CVR for each Share underlying such Company Option. (b) Parent hereby appoints the Rights Agent to act as rights agent for Parent in accordance with the express terms and conditions set forth in this Agreement, and the Rights Agent hereby accepts such appointment.