Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement. (b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 86 contracts
Samples: Rights Agreement (Mechanical Technology Inc), Rights Agreement (Lakes Entertainment Inc), Rights Agreement (Savient Pharmaceuticals Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 76 contracts
Samples: Shareholder Rights Agreement (Aastrom Biosciences Inc), Shareholder Rights Agreement (Apricus Biosciences, Inc.), Shareholder Rights Agreement (Stride Rite Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 50 contracts
Samples: Rights Agreement (Old Republic International Corp), Rights Agreement (Synthetech Inc), Rights Agreement (Advanced Photonix Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and and, in all such cases cases, such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and and, in all such cases cases, such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 46 contracts
Samples: Rights Agreement (Dolan Co.), Rights Agreement (AV Homes, Inc.), Rights Agreement (Gtsi Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 40 contracts
Samples: Rights Agreement (Perma Fix Environmental Services Inc), Rights Agreement (Actuate Corp), Rights Agreement (MoSys, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 39 contracts
Samples: Stockholder Protection Rights Agreement (Amsouth Bancorporation), Shareholder Protection Rights Agreement (First Tennessee National Corp), Shareholder Protection Rights Agreement (Mellon Bank Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 33 contracts
Samples: Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 31 contracts
Samples: Rights Agreement (First Business Financial Services, Inc.), Rights Agreement (Hudson Highland Group Inc), Rights Agreement (Plexus Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 31 contracts
Samples: Stockholders Rights Agreement (Navios Maritime Holdings Inc.), Shareholder Agreements, Shareholder Agreements (Stalwart Tankers Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; providedto this Agreement, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 22 contracts
Samples: Rights Agreement (Hickory Tech Corp), Rights Agreement (C H Robinson Worldwide Inc), Rights Agreement (Ancor Communications Inc /Mn/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case if at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Certificates such Right Certificate and in this Agreement.
(b) In case If at any time the name of the Rights Agent shall be changed changed, and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case if at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Certificates such Right Certificate and in this Agreement.
Appears in 20 contracts
Samples: Rights Agreement (Ameron International Corp), Rights Agreement (City National Corp), Rights Agreement (Spark Networks Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 20 contracts
Samples: Rights Agreement (Kona Grill Inc), Rights Agreement (Wits Basin Precious Minerals Inc), Rights Agreement (Nobel Learning Communities Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 19 contracts
Samples: Rights Agreement (Chefs' Warehouse, Inc.), Rights Agreement (Education Lending Group Inc), Rights Agreement (Vita Food Products Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 19 contracts
Samples: Stockholder Rights Agreement (WisdomTree, Inc.), Stockholder Rights Agreement (Sensei Biotherapeutics, Inc.), Stockholder Rights Agreement (WisdomTree Investments, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that the time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed changed, and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case case, at that time time, any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 15 contracts
Samples: Rights Agreement (Synalloy Corp), Rights Agreement (Lubys Inc), Rights Agreement (Inspired Entertainment, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 14 contracts
Samples: Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Infospace Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 13 contracts
Samples: Rights Agreement (Walbro Corp), Rights Agreement (Nanophase Technologies Corporation), Rights Agreement (Provant Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 12 contracts
Samples: Stockholder Protection Rights Agreement (Zep Inc.), Stockholder Protection Rights Agreement (Acuity Brands Inc), Stockholder Protection Rights Agreement (Fuel Systems Solutions, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would must be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 10 contracts
Samples: Rights Agreement (Elite Pharmaceuticals Inc /Nv/), Rights Agreement (Ask Jeeves Inc), Rights Agreement (United Online Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 9 contracts
Samples: Rights Agreement (Penwest Pharmaceuticals Co), Rights Agreement (Dawson Geophysical Co), Rights Agreement (Icu Medical Inc/De)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business or stockholder services businesses of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Mim Corp), Rights Agreement (Mim Corp), Rights Agreement (Mim Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or amalgamated or with which it may be consolidated, or any corporation resulting from any merger merger, amalgamation or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 8 contracts
Samples: Shareholder Rights Plan Agreement (Clifton Star Resources Inc.), Shareholder Rights Plan Agreement (Clifton Star Resources Inc.), Shareholder Rights Plan Agreement (Canada Southern Petroleum LTD)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business or stock transfer business of the Rights Agent or any successor Rights Agentrights agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Stancorp Financial Group Inc), Rights Agreement (Stancorp Financial Group Inc), Rights Agreement (Merix Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 22 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Alliance Fiber Optic Products Inc), Rights Agreement (Logicvision Inc), Rights Agreement (Techwell Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust stockholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 8 contracts
Samples: Stockholder Protection Rights Agreement (Caretenders Health Corp), Stockholder Protection Rights Agreement (Papa Johns International Inc), Rights Agreement (Utilicorp United Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any --------------------------------------------------------- corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 7 contracts
Samples: Shareholder Protection Rights Agreement (Xcellenet Inc /Ga/), Stockholder Protection Rights Agreement (Lenox Bancorp Inc), Shareholder Protection Rights Agreement (Premiere Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 7 contracts
Samples: Shareholder Protection Rights Agreement (Microtek Medical Holdings, Inc), Shareholder Protection Rights Agreement (First Horizon Pharmaceutical Corp), Shareholder Protection Rights Agreement (Isolyser Co Inc /Ga/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Vist Financial Corp), Rights Agreement (Sovereign Bancorp Inc), Rights Agreement (Chicago Mercantile Exchange Holdings Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Orthologic Corp), Rights Agreement (Orthologic Corp), Rights Agreement (Loehmanns Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Iteq Inc), Rights Agreement (Veritas DGC Inc), Rights Agreement (Petroquest Energy Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into or with which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties heretoto this Agreement; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereofSECTION 21. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; , and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Peerless Manufacturing Co), Rights Agreement (Aegis Communications Group Inc), Rights Agreement (Tandycrafts Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 6 contracts
Samples: Unit Purchase Rights Agreement (Star Group, L.P.), Preferred Stock Rights Agreement (Catalytica Energy Systems Inc), Preferred Stock Rights Agreement (Peregrine Systems Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business or shareholder services businesses of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Mothers Work Inc), Rights Agreement (Interdigital Communications Corp), Rights Agreement (Liberty Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Rights Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Rights Agreement.
Appears in 6 contracts
Samples: Shareholders Rights Agreement (Euroseas Ltd.), Shareholders Rights Agreement (EuroDry Ltd.), Stockholders Rights Agreement (Box Ships Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement and any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Hanover Insurance Group, Inc.), Rights Agreement (Dynamics Research Corp), Rights Agreement (Dynamics Research Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Technology Research Corp), Rights Agreement (Sri Surgical Express Inc), Rights Agreement (HSN, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into or with which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties heretoto this Agreement; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; , and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 6 contracts
Samples: Shareholder Rights Agreement (Mercantile Bancorp, Inc.), Shareholder Rights Agreement (Mercantile Bancorp, Inc.), Rights Agreement (American Freightways Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates Right Certificate shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Orient Express Hotels LTD), Rights Agreement (Orient Express Hotels LTD), Rights Agreement (Orient Express Hotels LTD)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 6 contracts
Samples: Shareholder Agreements (Genco Shipping & Trading LTD), Shareholders Rights Agreement (Baltic Trading LTD), Shareholders Rights Agreement (Genco Shipping & Trading LTD)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature counter-signature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 6 contracts
Samples: Stockholder Rights Agreement (Coley Pharmaceutical Group, Inc.), Stockholder Rights Agreement (dELiAs, Inc.), Stockholder Rights Agreement (Alteon Inc /De)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at any such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (Coorstek Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (DynCorp International Inc), Rights Agreement (DynCorp International Inc), Rights Agreement (Ucbh Holdings Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent Agents or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Union National Financial Corp / Pa), Rights Agreement (Fulton Financial Corp), Rights Agreement (Codorus Valley Bancorp Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any ------------------------------------------------------------ corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case case, at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its is changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 5 contracts
Samples: Shareholder Rights Agreement (Central Bancorp Inc /Ma/), Amendment and Restatement Agreement (Central Bancorp Inc /Ma/), Amendment and Restatement Agreement (Central Bancorp Inc /Ma/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Quidel Corp /De/), Rights Agreement (Quidel Corp /De/), Rights Agreement (La Jolla Pharmaceutical Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 5 contracts
Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc), Section 382 Rights Agreement (Reinsurance Group of America Inc), Rights Agreement (Reinsurance Group of America Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, delivered the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; name and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Curtiss Wright Corp), Rights Agreement (Aramark Worldwide Corp), Rights Agreement (Spartech Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; name and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Quixote Corp), Rights Agreement (Lear Corp), Rights Agreement (Hubbell Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case If at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 5 contracts
Samples: Renewed Rights Agreement (Boise Cascade Corp), Renewed Rights Agreement (Bankboston Corp), Renewed Rights Agreement (Gillette Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation or limited liability company or other entity into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation or limited liability company or other entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation or limited liability company succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement Plan without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation or limited liability company or other entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 19. In case at the time such successor Rights Agent shall succeed to the agency created by this AgreementPlan, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) Plan. In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this AgreementPlan.
Appears in 4 contracts
Samples: Tax Benefit Preservation Plan (Extreme Networks Inc), Tax Benefit Preservation Plan (Maxar Technologies Inc.), Debt Conversion and Purchase and Sale Agreement (B. Riley Financial, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation --------------------------------------------------------- Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof4.4. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Shareholder Protection Rights Agreement (Global Payments Inc), Shareholder Protection Rights Agreement (Acsys Inc), Shareholder Protection Rights Agreement (Global Payments Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Bandag Inc), Preferred Shares Rights Agreement (Conceptus Inc), Rights Agreement (Fresh Brands Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights such Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 4 contracts
Samples: Rights Agreement (CVR Energy Inc), Rights Agreement (Toreador Resources Corp), Rights Agreement (Sun Healthcare Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Patriot National Bancorp Inc), Rights Agreement (NSS Bancorp Inc), Rights Agreement (NSS Bancorp Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case case, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Boddie Noell Properties Inc), Rights Agreement (Highwoods Properties Inc), Rights Agreement (Tanger Factory Outlet Centers Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement and any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (American Science & Engineering Inc), Rights Agreement (Atlas Air Worldwide Holdings Inc), Rights Agreement (Enterasys Networks Inc /De/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties heretoto this Agreement; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the a predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case If at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Concurrent Computer Corp/De), Rights Agreement (Z Tel Technologies Inc), Rights Agreement (Internet Security Systems Inc/Ga)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Beazer Homes Usa Inc), Rights Agreement (Tri Valley Corp), Rights Agreement (Agere Systems Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Zebra Technologies Corp/De), Rights Agreement (Career Education Corp), Rights Agreement (Zebra Technologies Corp/De)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.;
Appears in 4 contracts
Samples: Rights Agreement (American Business Information Inc /De), Preferred Shares Rights Agreement (Atmel Corp), Preferred Shares Rights Agreement (Simulation Sciences Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust stockholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case case, at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been be countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Varian Semiconductor Equipment Associates Inc), Rights Agreement (Varian Semiconductor Equipment Associates Inc), Rights Agreement (Varian Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Homeservices Com Inc), Rights Agreement (Aztar Corp), Rights Agreement (Aztar Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger merger, conversion or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Li-Cycle Holdings Corp.), Rights Agreement (Family Dollar Stores Inc), Rights Agreement (Family Dollar Stores Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases the Rights evidenced by such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases the Rights evidenced by such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Ormat Technologies, Inc.), Rights Agreement (New Rockwell Collins Inc), Rights Agreement (Conexant Systems Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged merger or amalgamated or with which it may be consolidated, or any corporation resulting from any merger merger, amalgamation or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/), Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/), Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; , provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, ; any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Cerner Corp /Mo/), Rights Agreement (Gold Banc Corp Inc), Rights Agreement (Cerner Corp /Mo/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Daktronics Inc /Sd/), Rights Agreement (Synovis Life Technologies Inc), Rights Agreement (Optical Sensors Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall will have the full force provided in the Rights Right Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, delivered the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; name and in all such cases such Rights Right Certificates shall will have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust business or shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Shareholder Protection Rights Agreement (Arrow Financial Corp), Shareholder Rights Agreement (Maverick Tube Corporation), Shareholder Rights Agreement (Maverick Tube Corporation)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Certificates Certificate shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates Certificate so countersigned; and in case at that time any of the Rights Certificates Certificate shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates Certificate either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates Certificate shall have the full force provided in the Rights Certificates Certificate and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates Certificate shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates Certificate so countersigned; and in case at that time any of the Rights Certificates Certificate shall not have been countersigned, the Rights Agent may countersign such Rights Certificates Certificate either in its prior name or in its changed name; and in all such cases such Rights Certificates Certificate shall have the full force provided in the Rights Certificates Certificate and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Cisco Systems Inc), Rights Agreement (Cisco Systems Inc), Rights Agreement (Cisco Systems Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that the time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (GTJ REIT, Inc.), Rights Agreement (GTJ REIT, Inc.), Rights Agreement (New World Coffee Manhattan Bagel Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agentrights agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Arkona Inc), Rights Agreement (Stancorp Financial Group Inc), Rights Agreement (Sundog Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; , provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Emisphere Technologies Inc), Rights Agreement (Emisphere Technologies Inc), Rights Agreement (Kellstrom Industries Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust stockholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Illuminet Holdings Inc), Rights Agreement (Illuminet Holdings Inc), Rights Agreement (Atchison Casting Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a1) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b2) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Standex International Corp/De/), Rights Agreement (Standex International Corp/De/), Rights Agreement (Agribiotech Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be he eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Aviation General Inc), Rights Agreement (Securacom Inc), Rights Agreement (Promedco Management Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Shareholder Rights Agreement (Amedisys Inc), Shareholder Rights Agreement (Amedisys Inc), Shareholder Rights Agreement (California Independent Bancorp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Preferred Shares Rights Agreement (Connetics Corp), Preferred Shares Rights Agreement (Catalyst Semiconductor Inc), Preferred Shares Rights Agreement (Visioneer Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case If at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (4 Kids Entertainment Inc), Rights Agreement (Borland Software Corp), Rights Agreement (Allied Healthcare International Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, PROVIDED that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Amserv Healthcare Inc), Rights Agreement (Quantum Direct Corp), Rights Agreement (Arv Assisted Living Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereofof this Agreement. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Broadband Technologies Inc /De/), Rights Agreement (Broadband Technologies Inc /De/), Rights Agreement (Broadband Technologies Inc /De/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates Right certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates Right certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates Right certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Old Republic International Corp), Rights Agreement (Old Republic International Corp), Rights Agreement (Old Republic International Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Britton & Koontz Capital Corp), Rights Agreement (Schweitzer Mauduit International Inc), Rights Agreement (Citizens Holding Co /MS/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, however that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed chanced name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Wolohan Lumber Co), Rights Agreement (Wolohan Lumber Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case case, at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its is changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Es&l Bancorp Inc), Shareholder Rights Agreement (Es&l Bancorp Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that the time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.Certificates
(b) In case at any time the name of the Rights Agent shall be changed changed, and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case case, at that time time, any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Eloyalty Corp), Rights Agreement (Eloyalty Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the shareholder services or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; , provided, however, however that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Ekco Group Inc /De/), Rights Agreement (Arterial Vascular Engineering Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 22 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed Changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Frontier Airlines Inc /Co/), Rights Agreement (Mallon Resources Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, ; however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Anchor Bancorp Wisconsin Inc), Rights Agreement (Fremont General Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the unit transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Valero Gp Holdings LLC), Rights Agreement (Valero Gp Holdings LLC)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Right Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Right Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Marquette Electronics Inc), Rights Agreement (Marquette Electronics Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the shareholder services or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) . In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 22 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Graphic Packaging International Corp), Rights Agreement (Graphic Packaging International Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a1) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or amalgamated or with which it may be consolidated, or any corporation resulting from any merger merger, amalgamation or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.04 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b2) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Unitholder Rights Agreement, Unitholder Rights Agreement
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Icu Medical Inc/De), Rights Agreement (Icu Medical Inc/De)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to all or substantially all the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be is changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Shareholder Protection Rights Agreement (International Flavors & Fragrances Inc), Shareholder Protection Rights Agreement (International Flavors & Fragrances Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may effect a share exchange be consolidated, or any corporation resulting from any merger merger, share exchange or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of this Agreement, or transfer or rights agent services generally, will be deemed to be a merger, share exchange or consolidation for purposes of this Section 19. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Tax Benefits Preservation Rights Agreement (Impac Mortgage Holdings Inc), Tax Benefits Preservation Rights Agreement (Impac Mortgage Holdings Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Common Stock Purchase Rights Agreement (Exactech Inc), Rights Agreement (CFW Communications Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or of any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights such Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Right Certificates either in its prior name or in its changed name; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Surewest Communications), Rights Agreement (Roseville Communications Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, party or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Omi Corp/M I), Rights Agreement (Omi Corp/M I)
