Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity succeeding to the stock transfer or corporate trust 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 31 contracts
Samples: Rights Agreement (Lipocine Inc.), Rights Agreement (Innovative Eyewear Inc), Rights Agreement (Silver Star Properties Reit, Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 that such entity 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 Rights Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Rights Agreement.
Appears in 30 contracts
Samples: Rights Agreement, Rights Agreement (Xerium Technologies Inc), Rights Agreement (Xerium Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 17 contracts
Samples: Rights Agreement (Iteris Holdings Inc), Rights Agreement (Advanced Fibre Communications Inc), Rights Agreement (Delcath Systems Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation or other Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation or other Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation or other Person succeeding to the stock transfer or corporate trust powers 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 provided, that such entity corporation or other 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 15 contracts
Samples: Rights Agreement (Self Storage Group, Inc.), Rights Agreement (Self Storage Group, Inc.), Rights Agreement (Self Storage Group, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 provided, that such entity 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 Rights Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Certificates either in the name of the predecessor Rights Agent or in the name of the such successor Rights Agent; and in all such cases such Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, delivered the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Rights Agreement.
Appears in 15 contracts
Samples: Rights Agreement (ChinaEdu CORP), Rights Agreement (ChinaEdu CORP), Rights Agreement (Titan Pharmaceuticals Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 12 contracts
Samples: Rights Agreement (Rocky Mountain Chocolate Factory, Inc.), Rights Agreement (Rocky Mountain Chocolate Factory, Inc.), Rights Agreement (Tri Valley Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust or stock transfer or corporate trust powers 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 instrument or any further act on the part of any of the parties hereto; , provided that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the such Right Certificates Certificates, 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the such Right Certificates and in this Agreement.
Appears in 10 contracts
Samples: Rights Agreement (Rocky Brands, Inc.), Rights Agreement (Rocky Brands, Inc.), Rights Agreement (Checkfree Corp \De\)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, party or any entity corporation succeeding to the corporate trust or stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 10 contracts
Samples: Rights Agreement (Nui Holding Co), Rights Agreement (Cree Inc), Rights Agreement (Piedmont Natural Gas Co Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person 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 entity Person 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 entity Person succeeding to the stock transfer or corporate trust 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and name; and, in all such cases cases, such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 9 contracts
Samples: Rights Agreement (Talos Energy Inc.), Rights Agreement (Talos Energy Inc.), Rights Agreement
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers or business or the 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Rights Agreement.
Appears in 9 contracts
Samples: Rights Agreement (Sigma Aldrich Corp), Rights Agreement (DHB Industries Inc), Rights Agreement (United Therapeutics Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (TreeHouse Foods, Inc.), Rights Agreement (Ascent Media CORP), Rights Agreement (Vanda Pharmaceuticals Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 that such entity corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof22. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Aar Corp), Rights Agreement (Illini Corp), Rights Agreement (Illini Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Tuscarora Inc), Rights Agreement (Tuscarora Inc), Rights Agreement (Sun Coast Industries Inc /De/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Basic Energy Services Inc), Rights Agreement (Santa Fe Energy Resources Inc), Rights Agreement (Pennaco Energy Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that the time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Midway Games Inc), Rights Agreement (Midway Games Inc), Rights Agreement (Midway Games Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer shareholder services or corporate trust powers 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 document or any further act on the part of any of the parties hereto; , provided that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Amag Pharmaceuticals Inc.), Rights Agreement (Insys Therapeutics, Inc.), Rights Agreement (Great Wolf Resorts, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Adc Telecommunications Inc), Rights Agreement (Adc Telecommunications Inc), Rights Agreement (Hemacare Corp /Ca/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer shareholder services or corporate trust powers 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 that such entity 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 at such time any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Optical Communication Products Inc), Rights Agreement (Masimo Corp), Rights Agreement (Masimo Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers all or substantially all of the 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Promotions Com Inc), Rights Agreement (Display Technologies Inc), Rights Agreement (Advantica Restaurant Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 provided, however, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Citation Corp /Al/), Rights Agreement (Birmingham Steel Corp), Rights Agreement (Matrix Bancorp Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust or stock transfer or corporate trust powers 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates Certificate so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Certificates Certificate shall have the full force provided in the Right 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Southwestern Energy Co), Rights Agreement (Fleetboston Financial Corp), Rights Agreement (Fleetboston Financial Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the corporate trust, stock transfer or corporate trust powers other 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 that but only if such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force and effect provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (News Corp), Rights Agreement (News Corp), Rights Agreement (News Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Walden Residential Properties Inc), Rights Agreement (Amresco Capital Trust), Rights Agreement (Amresco Capital Trust)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 provided, however, that such entity 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 Rights Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Rights Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Computer Software Innovations, Inc.), Rights Agreement (Illumina Inc), Rights Agreement (Central European Distribution Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers or business or the 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 that such entity 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 Rights Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Rights Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Butler National Corp), Rights Agreement (Hearx LTD), Rights Agreement (Butler National Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 action on the part of any of the parties hereto; , provided that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Harvest Natural Resources, Inc.), Rights Agreement (Harvest Natural Resources Inc), Rights Agreement (Harvest Natural Resources Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or transfer, corporate trust powers 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases the Rights evidenced by such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Acco Brands Corp), Rights Agreement (Acco World Corp), Rights Agreement (Mindspeed Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Optika Inc), Rights Agreement (Electroglas Inc), Rights Agreement (Acuson Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers 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 PROVIDED that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and name; and, in all such cases cases, such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Hercules Inc), Rights Agreement (Phillips Petroleum Co), Rights Agreement (Piper Jaffray Companies)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (First Sentinel Bancorp Inc), Rights Agreement (Warwick Community Bancorp Inc), Rights Agreement (Dime Community Bancorp Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidatedconsolidated or otherwise combined, or any entity resulting from any merger merger, consolidation or consolidation combination to which the Rights Agent or any successor Rights Agent shall be a party, or any entity succeeding to the stock transfer or corporate trust 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Commvault Systems Inc), Rights Agreement (Chico's Fas, Inc.), Rights Agreement (Dave & Buster's Entertainment, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Polaris Industries Inc/Mn), Renewed Rights Agreement (TCF Financial Corp), Rights Agreement (Polaris Industries Inc/Mn)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 fact on the part of any of the parties hereto; provided that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Optical Cable Corp), Rights Agreement (Trigon Healthcare Inc), Rights Agreement (Smithfield Foods Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 PROVIDED that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and name; and, in all such cases cases, such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agent Agreement (Paccar Inc), Rights Agreement (Peabody Energy Corp), Rights Agreement (Cenveo, Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers 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 PROVIDED, HOWEVER, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature counter-signature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Stockholder Rights Agreement (Engage Inc), Stockholder Rights Agreement (Engage Inc), Stockholder Rights Agreement (Alloy Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Cephalon Inc), Rights Agreement (Dupont Photomasks Inc), Rights Agreement (Pervasive Software Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the corporate trust or stock transfer or corporate trust powers 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the such Right Certificates 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the such Right Certificates Certificate and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Giga Tronics Inc), Rights Agreement (Giga Tronics Inc), Rights Agreement (Giga Tronics Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation 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 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 other entity succeeding to the corporate trust or stock transfer or corporate trust powers 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 that such corporation or other entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates Rights Certificate so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Certificates Rights 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Startech Environmental Corp), Rights Agreement (Atmi Inc), Rights Agreement (Atmi Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to all or substantially all the stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that the time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case case, at that time time, any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Edwards Lifesciences Corp), Rights Agreement (Wallace Computer Services Inc), Rights Agreement (Federal Mogul Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person 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 Person 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 Person or other entity succeeding to the corporate trust or stock transfer or corporate trust powers 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 that such Person or other entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates Rights Certificate so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Certificates Rights 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (General Maritime Corp/), Rights Agreement (General Maritime Corp/), Rights Agreement (General Maritime Corp/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or transfer, corporate trust powers 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 provided, however, that such entity 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, and any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and name; and, in all such cases cases, such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Starrett L S Co), Rights Agreement (Starrett L S Co), Rights Agreement (Starrett L S Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to all or substantially all of the stock transfer or corporate trust powers 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 that such entity 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, Rights Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Rights Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Gamestop Corp), Rights Agreement (GSC Holdings Corp.), Rights Agreement (Gamestop Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Miix Group Inc), Rights Agreement (Hunt Corp), Rights Agreement (Miix Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust or stock transfer or corporate trust powers 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 provided, however, that such entity 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 to the agency created by this Agreement, any of the Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases cases, such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Suburban Lodges of America Inc), Rights Agreement (National Vision Associates LTD), Rights Agreement (Interland Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust or stock transfer or corporate trust powers 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 that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that the time any of the Right Rights Certificates shall not have been countersigned, countersigned any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right the Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Nuevo Energy Co), Rights Agreement (Bellwether Exploration Co), Rights Agreement (Bellwether Exploration Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 provided, that such entity 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 at such time any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (BHC Financial Inc), Rights Agreement (Quad Systems Corp /De/), Rights Agreement (CFM Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the shareholder services or stock transfer or corporate trust powers 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 provided, however, that such entity Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof22. In case case, at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Rights Agreement.
Appears in 3 contracts
Samples: Section 382 Rights Agreement (Taronis Fuels, Inc.), Section 382 Rights Agreement (Centrus Energy Corp), Section 382 Rights Agreement (Centrus Energy Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Preferred Shares Rights Agreement (Concentric Network Corp), Preferred Stock Rights Agreement (Curon Medical Inc), Preferred Shares Rights Agreement (Phoenix Technologies LTD)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust or stock transfer or corporate trust powers 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 that but only if such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Tenet Healthcare Corp), Rights Agreement (Albertsons Inc /De/), Rights Agreement (Albertsons Inc /De/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers 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 that such entity Person 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent so countersigned and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
(b) . In case case, at any time the name of the Rights Agent shall be changed and at such time any of the Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver the Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Shareholder Rights Agreement (Mack Cali Realty Corp), Shareholder Rights Agreement (Mack Cali Realty Corp), Shareholder Rights Agreement (Mack Cali Realty Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature counter-signature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Innovasive Devices Inc), Rights Agreement (Natural Microsystems Corp), Rights Agreement (Natural Microsystems Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers 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 provided, however, that such entity 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, If any of the Right Certificates shall have been countersigned but not delivereddelivered at the time such successor Rights Agent succeeds to the agency created by this Agreement, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force and effect provided in the such Right Certificates 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force and effect provided in the such Right Certificates Certificate and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Aremissoft Corp /De/), Rights Agreement (Cardiogenesis Corp /Ca), Rights Agreement (Compex Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 that such entity corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof22. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Right Certificates shall have been countersigned authenticated but not delivered, any such successor Rights Agent may adopt the countersignature authentication of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case authenticated, and, if at that time any of the Right Certificates shall not have been countersignedauthenticated, any successor Rights Agent may countersign authenticate such 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 Right Certificates shall have the full force provided in the Right 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 Right Certificates shall have been countersigned authenticated but not delivered, the Rights Agent may adopt the countersignature authentication under its prior name and deliver Right Certificates so countersignedauthenticated; and and, in case at that time any of the Right Certificates shall not have been countersignedauthenticated, the Rights Agent may countersign authenticate such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Quorum Health Group Inc), Rights Agreement (Pharmaceutical Marketing Services Inc), Rights Agreement (Pharmaceutical Marketing Services Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and and, in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Rights 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and and, in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name and name; and, in all such cases cases, such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Banknorth Group Inc/Me), Rights Agreement (Peoples Heritage Financial Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer shareholder services or corporate trust powers 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 that such entity 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, Plan and at such time any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the Right Certificates and in this AgreementPlan.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this AgreementPlan.
Appears in 2 contracts
Samples: Tax Benefit Preservation Plan, Tax Benefit Preservation Plan (Autobytel Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers all or substantially all of the shareholder services the 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Telewest Global Inc), Rights Agreement (Telewest Global Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or all or substantially all of the corporate trust powers 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Vion Pharmaceuticals Inc), Rights Agreement (Vion Pharmaceuticals Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person 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 entity Person 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 entity Person succeeding to the stock transfer or corporate trust powers 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 document or any further act on the part of any of the parties hereto; provided that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and name; and, in all such cases cases, such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Oplink Communications Inc), Rights Agreement (Forest Laboratories Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to all or substantially all of the corporate trust or stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Halter Marine Group Inc), Rights Agreement (Marketspan Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement Rights Plan without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided provided, however, that such entity 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, Rights Plan any of the Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this AgreementRights Plan.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this AgreementRights Plan.
Appears in 2 contracts
Samples: Preferred Share Purchase Rights Plan (Pediatrix Medical Group Inc), Rights Agreement (Quest Education Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corpora tion succeeding to the corporate trust business, stock transfer or corporate trust powers other stockholder services 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 that but only if such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cutco Industries Inc), Rights Agreement (Cutco Industries Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 PROVIDED, that such entity would corporation 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Inspire Pharmaceuticals Inc), Rights Agreement (Collateral Therapeutics Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer shareholder services or corporate trust powers 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 that such entity 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, Rights Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Commerce Energy Group Inc), Rights Agreement (Commerce Energy Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) 19.1. Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or all or substantially all of the corporate trust powers 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 that such entity -------- 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
(b) 19.2. In case at any time the name of the Rights Agent shall be changed and at such time any of the Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Netvantage Inc), Rights Agreement (Netvantage Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity 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 entity 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 entity corporation succeeding to the stock transfer shareholder or corporate trust powers unitholder 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 that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall will have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right 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 entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers shareholder services 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, delivered the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Stockholder Rights Agreement (Lamalie Associates Inc), Stockholder Rights Agreement (Lamalie Associates Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers 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 an further act on the part of any of the parties hereto; provided PROVIDED, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Vari Lite International Inc), Rights Agreement (Vari Lite International Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity succeeding to the corporate trust or stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Cel Sci Corp), Shareholder Rights Agreement
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity succeeding to the corporate trust or stock transfer or corporate trust powers 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 provided, however, that such entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name, and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Forgent Networks Inc), Rights Agreement (Forgent Networks Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to all or substantially all the corporate trust or stock transfer or corporate trust powers 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 instrument or any further act on the part of any of the parties hereto; , provided that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the such Right Certificates Certificates, 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the such Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Magnetek Inc), Rights Agreement (Magnetek Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
(b) . In case case, at any time the name of the Rights Agent shall be changed and at such time any of the Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case case, at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases cases, such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Provantage Health Services Inc), Rights Agreement (Provantage Health Services Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer shareholder services or corporate trust powers 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 document or any further act on the part of any of the parties hereto; , provided that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Heliogen, Inc.), Rights Agreement (Quince Therapeutics, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers 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 document or any further act on the part of any of the parties hereto; , provided that such entity 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 the Rights Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force and effect provided in the Right Certificates and in this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Dover Motorsports Inc), Rights Agreement (Dover Downs Gaming & Entertainment Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 PROVIDED, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Brunswick Technologies Inc), Rights Agreement (Unova Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer shareholder services or corporate trust powers 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 , PROVIDED, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cima Labs Inc), Rights Agreement (Cima Labs Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust or stock transfer or corporate trust powers 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 PROVIDED, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case if at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case if at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Project Software & Development Inc), Rights Agreement (Project Software & Development Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to all or substantially all of the corporate trust or stock transfer or corporate trust powers 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature counter signature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature counter signature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Superior Telecom Inc), Rights Agreement (Celadon Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been 37 41 countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Inamed Corp), Rights Agreement (Inamed Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the shareholder services, stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Vitacost.com, Inc.), Rights Agreement (Vitacost.com, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the shareholder services business or the stock transfer or corporate trust powers 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Certificates either in the -26- 29 name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Trico Bancshares /), Rights Agreement (Trico Bancshares /)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 , PROVIDED that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Renewed Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the shareholder services or stock transfer or corporate trust powers 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 provided, however, that such entity Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof22. In case case, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Tax Asset Protection Rights Agreement (Aceto Corp), Tax Asset Protection Rights Agreement (Cambium Learning Group, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to all or substantially all of the stock transfer or corporate trust 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Nine West Group Inc /De), Rights Agreement (Nine West Group Inc /De)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust or stock transfer or corporate trust powers business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution signature or filing of any paper or any further act on the part of any of the parties hereto; provided provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the such predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case if at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case if at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.Rights Certificates
Appears in 2 contracts
Samples: Rights Agreement (Watkins Johnson Co), Rights Agreement (Watkins Johnson Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust or stock transfer or corporate trust powers 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 that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior proper name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Spartan Motors Inc), Rights Agreement (Manatron Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Columbus Realty Trust), Rights Agreement (Columbus Realty Trust)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 papers or any further act on the part of any of the parties hereto; provided PROVIDED, HOWEVER, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Certificates either in the name of the predecessor predeces sor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Chic by H I S Inc), Rights Agreement (Chic by H I S Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Eftc Corp/), Rights Agreement (Napro Biotherapeutics Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity 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 entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall will have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall have not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name, and in all such cases such Right Rights Certificates shall will have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Anchor Gaming), Rights Agreement (Anchor Gaming)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers 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 provided, however, that such entity 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, If any of the Right Certificates shall have been countersigned but not delivereddelivered at the time such successor Rights Agent succeeds to the agency created by this Agreement, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force and effect provided in the such Right Certificates 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case if at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force and effect provided in the such Right Certificates Certificate and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Docent Inc), Rights Agreement (Interactive Health, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, delivered the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Colorado Medtech Inc), Rights Agreement (Seamed Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust 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 that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Staffing 360 Solutions, Inc.), Rights Agreement (Lifevantage Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity other Person succeeding to the stock transfer or corporate trust powers 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 PROVIDED, that such entity Person would be eligible for appointment as a successor Rights Agent under the provisions of Section SECTION 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (DWS Rreef Real Estate Fund, Inc.), Rights Agreement (DWS Rreef Real Estate Fund Ii, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) --------------------------------------------------------- Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the stock transfer or corporate trust powers 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 that such entity 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 Rights Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Triad Hospitals Inc), Rights Agreement (Lifepoint Hospitals LLC)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust, stock transfer or corporate trust powers other 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 that such entity -------- 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; , and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Certificates 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates Certificates, either in its prior name or in its changed name name; and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Insmed Inc), Rights Agreement (City Holding Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers 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 that such entity Person 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
(b) . In case case, at any time the name of the Rights Agent shall be changed and at such time any of the Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case case, at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name name; and in all such cases cases, such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Ari Network Services Inc /Wi), Rights Agreement (North Country Financial Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust powers or stockholder services businesses 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 provided, that such entity 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 AgreementPlan, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the Right Certificates and in this AgreementPlan.
(b) In case at any time the name of the Rights Agent shall be changed and at such time any of the Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this AgreementPlan.
Appears in 2 contracts
Samples: Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Radian Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust, stock transfer or corporate trust powers other 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 provided, however, that such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Ecolab Inc), Rights Agreement (Baxter International Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity corporation resulting from any merger merger, conversion or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity corporation succeeding to the corporate trust, stock transfer or corporate trust powers other 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 that but only if such entity 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 Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates shall have the full force provided in the Right 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 Right Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Rights Certificates so countersigned; and in case at that time any of the Right Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Section 382 Rights Agreement (Comstock Holding Companies, Inc.), Section 382 Rights Agreement (Comstock Homebuilding Companies, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any entity Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any entity Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any entity Person succeeding to the stock transfer or corporate trust 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 provided, that such entity 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 Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates shall have the full force provided in the 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 Right Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates so countersigned; and in case at that time any of the Right Certificates shall not have been countersigned, the Rights Agent may countersign such Right Certificates either in its prior name or in its changed name and in all such cases such Right Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Jarden Corp), Rights Agreement (American Management Systems Inc)
