Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the Company, at its option, may issue new Right Certificates evidencing Rights in such form as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, with respect to shares of Common Stock so issued or sold pursuant to (a) the exercise of stock options, (b) under any employee plan or arrangement, (c) the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (d) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 7 contracts
Samples: Rights Agreement (Christopher & Banks Corp), Rights Agreement (Heartland Financial Usa Inc), Rights Agreement (WPCS International Inc)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Rights Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Rights Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, Company in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 4 contracts
Samples: 3 Rights Agreement (New D&b Corp), 3 Rights Agreement (New D&b Corp), Rights Agreement (Dun & Bradstreet Corp /De/)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, securities notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 4 contracts
Samples: Rights Agreement (LTC Healthcare Inc), Rights Agreement (LTC Properties Inc), Rights Agreement (Giant Group LTD)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement Plan or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this AgreementPlan. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to before the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to before the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 4 contracts
Samples: Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Autobytel Inc)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form form(s) as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock Shares following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock Shares so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 3 contracts
Samples: Rights Agreement (Gametech International Inc), Rights Agreement (Gametech International Inc), Rights Agreement (Andrx Corp /De/)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its the Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 3 contracts
Samples: Rights Agreement (Jarden Corp), Rights Agreement (Volcano CORP), Rights Agreement (Volcano CORP)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the Company, at its option, may issue new Right Certificates evidencing Rights in such form as may be approved by its the Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, with respect to shares of Common Stock so issued or sold pursuant to (a) the exercise of stock options, (b) under any employee plan or arrangement, (c) the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (d) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 2 contracts
Samples: Rights Agreement (Supermedia Inc.), Rights Agreement (Idearc Inc.)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, with respect to shares of Common Stock so issued or sold pursuant to (a) the exercise of stock options, (b) under any employee plan or arrangement, (c) the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (d) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 2 contracts
Samples: Rights Agreement (Iteris, Inc.), Rights Agreement (Iteris, Inc.)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form as may be approved by its the Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 2 contracts
Samples: Rights Agreement (QCR Holdings Inc), Rights Agreement And (Old Second Bancorp Inc)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form form(s) as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock Shares following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock Shares so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 2 contracts
Samples: Rights Agreement (Main Street Restaurant Group, Inc.), Rights Agreement (Smith & Wesson Holding Corp)
Issuance of New Right Certificates. Notwithstanding Notwith-standing any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, securities notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 2 contracts
Samples: Rights Agreement (Birmingham Steel Corp), Rights Agreement (Birmingham Steel Corp)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, securities notes or debentures issued by the Company or (div) a contractual obligation of the Company, Company in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Samples: Rights Agreement (Zland Com Inc)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of 30 the Company, in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, securities notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale. Section 23.
Appears in 1 contract
Samples: Rights Agreement Rights Agreement (Westcott Communications Inc)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form as may be approved by its the Board of Directors of the Company to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock Shares following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock Shares so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment adjust- ment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, securities notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock Shares following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock Shares so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Samples: Rights Agreement (Helen of Troy LTD)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement Plan or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this AgreementPlan. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, securities notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the Company, at its option, may issue new Right Certificates evidencing Rights in such form as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, with respect to shares of Common Stock so issued or sold pursuant to (a) the exercise of stock options, (b) under any employee plan or arrangement, (c) the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (d) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold pursuant to (ai) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company Company, or (div) a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Rights Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form forms as may be approved by its Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock following the Distribution Date and prior to the Expiration Date, the Company may, may with respect to shares of Common Stock so issued or sold (i) pursuant to (a) the exercise of stock options, (bii) under any employee plan or arrangement, (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company or (div) pursuant to a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Samples: Rights Agreement (iGo, Inc.)
Issuance of New Right Certificates. Notwithstanding any of the provisions of this Agreement or of the Rights Right Certificates to the contrary, the CompanyCompany may, at its option, may issue new Right Certificates evidencing Rights in such form as may be approved by its the Board of Directors to reflect any adjustment or change in the Purchase Price and the number or kind or class of shares or other securities or property purchasable under the Right Certificates made in accordance with the provisions of this Agreement. In addition, in connection with the issuance or sale of Common Stock Shares following the Distribution Date and prior to the Expiration DateTime, the Company may, with respect to shares of Common Stock Shares so issued or sold (i) pursuant to (a) the exercise of stock options, ; (bii) under any employee employment plan or arrangement, ; (ciii) upon the exercise, conversion or exchange of securities, notes or debentures issued by the Company Company, or (div) pursuant to a contractual obligation of the Company, in each case existing prior to the Distribution Date, issue Right Certificates representing the appropriate number of Rights in connection with such issuance or sale.
Appears in 1 contract
Samples: Rights Agreement (Epiq Systems Inc)