Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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. 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 5 contracts
Samples: Rights Agreement (RPM International Inc/De/), Rights Agreement (Cleveland Cliffs Inc), Rights Agreement (Cleveland Cliffs Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 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. 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; 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 (Hanesbrands Inc.), Rights Agreement (Hanesbrands Inc.), Rights Agreement (Biospherics Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that ; but only if such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (DynCorp International Inc), Rights Agreement (Ucbh Holdings Inc), Rights Agreement (DynCorp International Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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. 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 5 contracts
Samples: Rights Agreement (Nabors Industries LTD), Rights Agreement (Nabors Industries LTD), Rights Agreement (Biomarin Pharmaceutical Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 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. 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; 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 (Nanophase Technologies Corporation), Shareholder Protection Rights Agreement (Monterey Gourmet Foods), Rights Agreement (Kensey Nash Corp)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 Rights 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. 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 (Expressjet Holdings Inc), Rights Agreement (Veritas Software Corp /De/), Rights Agreement (Continental Airlines Inc /De/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust stockholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 3.4 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 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; 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 Protection Agreement (Protein Polymer Technologies Inc), Stockholder Protection Agreement (Semtech Corp), Stockholder Protection Agreement (American Medical Providers Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation --------------------------------------------------------- Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof4.4. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the 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 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; 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: Shareholder Protection Rights Agreement (Global Payments Inc), Shareholder Protection Rights Agreement (Global Payments Inc), Shareholder Protection Rights Agreement (Acsys Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust stockholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case case, at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the 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 Rights Certificates shall have not have been be 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; 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 (Varian Inc), Rights Agreement (Varian Inc), Rights Agreement (Varian Semiconductor Equipment Associates Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger merger, conversion or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that ; but only if such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (Li-Cycle Holdings Corp.), Rights Agreement (Family Dollar Stores Inc), Rights Agreement (Family Dollar Stores Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the 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 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; 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: Shareholder Rights Agreement (Amedisys Inc), Shareholder Rights Agreement (California Independent Bancorp), Shareholder Rights Agreement (Amedisys Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. 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; 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 Stock Rights Agreement (Providence Service Corp), Preferred Stock Rights Agreement (Impax Laboratories Inc), Preferred Stock Rights Agreement (Nexity Financial Corp)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; PROVIDED, provided HOWEVER, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement and any of the 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 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. 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 such 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; 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 (Macrochem Corp), Rights Agreement (Summit Technology Inc), Rights Agreement (Macrochem Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that ; but only if such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (Aztar Corp), Rights Agreement (Aztar Corp), Rights Agreement (Homeservices Com Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agentrights agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (Arkona Inc), Rights Agreement (Stancorp Financial Group Inc), Rights Agreement (Sundog Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. 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; 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 (Coachmen Industries Inc), Rights Agreement (Coachmen Industries Inc), Rights Agreement (Coachmen Industries Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the 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 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 counter-signature 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; 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: Shareholder Protection Rights Agreement (Intelligroup Inc), Shareholder Protection Rights Agreement (Collagenex Pharmaceuticals Inc)
Merger or Consolidation or Change of Name of Rights Agent.
(a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that however, such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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, Rights Agreement
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency Table of Contents 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 Rights Certificates shall not have been countersigned, any a 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. 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; 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 (Circuit City Stores Inc), Rights Agreement (Circuit City Stores Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided subject to the condition that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 the time any of the 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. In case .
(b) If at any time the name of the Rights Agent shall be changed is changed, and if 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; 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 (THQ Inc), Rights Agreement (THQ Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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 Certificates shall have the full force provided in the Right Certificates and in this Agreement. Rights Certificates
(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; 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 (Eloyalty Corp), Rights Agreement (Eloyalty Corp)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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. 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 (Gleason Corp /De/), Rights Agreement (Footstar Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 22 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. 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; 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 (Quanex Corp), Rights Agreement (Westamerica Bancorporation)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 22 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. 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; 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 (Cardima Inc), Rights Agreement (Cardima Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Right Rights Certificates shall have has 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 Rights Certificates shall has 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 Stockholder Rights Certificates and in this Agreement. .
(b) In case at any time the name of the Rights Agent shall be changed is changed, and at such time any of the Right Rights Certificates shall have has 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 has not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed name; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Stockholder Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Stockholder Rights Agreement (Purple Innovation, Inc.), Stockholder Rights Agreement
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. In case .
(b) 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; 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 (Interphase Corp), Rights Agreement (Interphase Corp)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. 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; 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 (Chesapeake Corp /Va/), Rights Agreement (Parexel International Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation 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 a predecessor Rights Agent and deliver such Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 (Quicksilver Resources Inc), Rights Agreement (Quicksilver Resources Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; provided, provided however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (Jp Realty Inc), Rights Agreement (Jp Realty Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof20(k). 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 has 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 Rights Certificates shall has 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 is changed, and at such time any of the Right Rights Certificates shall have has 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 has not have been countersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed 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: Tax Benefits Preservation Plan (Quotient Technology Inc.), Rights Agreement
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation --------------------------------------------------------- Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust stockholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof4.4. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the 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 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; 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: Stockholder Protection Rights Agreement (National Data Corp), Stockholder Protection Rights Agreement (Datastream Systems Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided provided, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the 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 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; 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: Stockholder Protection Rights Agreement (Wilshire Enterprises Inc), Stockholder Protection Rights Agreement (Wilshire Enterprises Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or document or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, 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 and, in case at that time any of the 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. 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 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 (Strategic Hotels & Resorts, Inc), Rights Agreement (Strategic Hotels & Resorts, Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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. 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 (Bioclinica Inc), Rights Agreement (Bioclinica Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the shareholder services or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 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. 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; 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
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided; however, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, 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 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; 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 (Anchor Bancorp Wisconsin Inc), Rights Agreement (Fremont General Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case case, at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the 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 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 is changed 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: Shareholder Rights Agreement (Es&l Bancorp Inc), Shareholder Rights Agreement (Es&l Bancorp Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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 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.Certificates
Appears in 2 contracts
Samples: Rights Agreement (Instinet Group Inc), Rights Agreement (Instinet Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that such corporation would Person 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 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; 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 (QRS Corp), Rights Agreement (Valueclick Inc/Ca)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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: Preferred Stock Rights Agreement (Ista Pharmaceuticals Inc), Preferred Stock Rights Agreement (Ista Pharmaceuticals Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement and 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 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; 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: Shareholder Protection Rights Agreement (First of Long Island Corp), Shareholder Protection Rights Agreement (First of Long Island Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that such corporation would Person must 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 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 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.so
Appears in 2 contracts
Samples: Rights Agreement (I2 Technologies Inc), Rights Agreement (I2 Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stockholder services or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 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. 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; 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 (Global Self Storage, Inc.), Rights Agreement (Global Self Storage, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, 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 Rights 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; 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 (Advanced Marketing Services Inc), Rights Agreement (Resources Connection Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, party or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (Omi Corp/M I), Rights Agreement (Omi Corp/M I)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto, ; provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (Pacific Gas & Electric Co), Rights Agreement (Pg&e Corp)
Merger or Consolidation or Change of Name of Rights Agent. a. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agentrights agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (Bioject Medical Technologies Inc), Rights Agreement (Tektronix Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that however, such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (Real Industry, Inc.), Rights Agreement
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any either of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 (Foster L B Co), Rights Agreement (Foster L B Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger merger, conversion or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the 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 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; 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: Shareholder Protection Rights Agreement (Anaren Inc), Shareholder Protection Rights Agreement (Anaren Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement and any of the Right Class A 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 Class A Rights Certificates so countersigned; and in case at that time any of the Class A Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Class A 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 Class A Rights Certificates shall have the full force provided in the Right Class A Rights Certificates and in this Agreement. In case at any time the name of the Rights Agent shall be changed and at such time any of the Right Class A Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right such Class A Rights Certificates so countersigned; and in case at that time any of the Right Class A Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Right Class A Rights Certificates either in its prior name or in its changed name; and in all such cases such Right Class A Rights Certificates shall have the full force provided in the Right Class A Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Class a Rights Agreement (Ben & Jerrys Homemade Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 22 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Right Certificates Rights Certificate 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 Rights Certificates Certificate 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 Certificates Rights Certificate shall have the full force provided in the Right Certificates Rights Certificate and in this Agreement. In case at any time the name of the Rights Agent shall be changed and at such time any of the Right Certificates Rights Certificate shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver Right Certificates Rights Certificate so countersigned; and in case at that time any of the Right Certificates Rights Certificate shall not have been countersigned, the Rights Agent may countersign such Right Certificates Rights Certificate either in its prior name or in its changed name; and in all such cases such Right Certificates Rights Certificate shall have the full force provided in the Right Certificates Rights Certificate and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Pma Capital Corp)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such the corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereofof this Agreement. In case at the time such the 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 the Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right the 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 the Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement. In case at any time the name of the Rights Agent shall be changed and at such that 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 the Rights Certificates either in its prior name or in its changed name; and in all such cases such Right the Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
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Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 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; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
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Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof4.4. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, 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 predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such 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 be valid for all purposes under this Plan and have the full force provided in the Right Rights Certificates and in this Agreement. Plan.
(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; and in all such cases such Right Rights Certificates shall will be valid for all purposes under this Plan and have the full force provided in the Right Rights Certificates and in this AgreementPlan.
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Samples: Tax Asset Protection Plan (Stonegate Mortgage Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case case, at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the 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 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; 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 1 contract
Samples: Shareholder Protection Rights Agreement (Gentex Corp)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person --------------------------------------------------------- into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 22 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. 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; 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 1 contract
Samples: Rights Agreement (Chevron Corp)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, consolidated or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, party or any corporation Person succeeding to the corporate trust stock transfer or shareholder services business of the Rights Agent or any successor Rights Agent, 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 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, 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 Rights 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. 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.;
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Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services or 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 Rights 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. 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 1 contract
Samples: Rights Agreement (Xenoport Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 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 fall force provided in the Right Rights Certificates and in this Agreement. 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 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.shall
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Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the stock transfer or corporate trust business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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. 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.Right
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Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 countersignedcounter- signed; and in case at that time any of the 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. 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; 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 1 contract
Samples: Indemnification Agreement
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, -------- ------- that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement and any of the 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 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. 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 such 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; and in all such cases such Right Rights Certificates shall have the full force provided in the Right Rights Certificates and in this Agreement.
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Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights Certificates Certificate 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 Certificates Rights Certificate shall have the full force provided in the Right Certificates Rights Certificate and in this Agreement. 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 Certificates Rights Certificate shall not have been countersigned, the Rights Agent may countersign such Right Certificates Rights Certificate either in its prior name or in its changed name; and in all such cases such Right Certificates Rights Certificate shall have the full force provided in the Right Certificates Rights Certificate and in this Agreement.
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Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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, 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.
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Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 Rights 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; 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.cases
Appears in 1 contract
Samples: Rights Agreement (Furon Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent 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 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 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 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 Each 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act 11 on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case case, at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the 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 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 is changed 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 1 contract
Samples: Shareholder Rights Agreement (Progressive Bank Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, 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 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. In case .
(b) 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 22 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. 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 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.23
Appears in 1 contract
Samples: Rights Agreement (Axonyx Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent Agreement 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 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; 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 1 contract
Samples: Rights Agreement (Perkinelmer Inc)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties heretohereto; provided, provided however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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; countersigned; and in case at that time any of the 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; 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. 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided , provided however , that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Samples: Tax Benefit Rights Agreement (Mma Capital Management, LLC)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or 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, hereto provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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. 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, 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; 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 1 contract
Samples: Rights Agreement (Mid American Energy Holdings Co /New/)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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. 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agentrights agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Samples: Rights Agreement (Saba Software Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that ; but only if such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case 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 at that time any of the 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. In case .
(b) 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; 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 1 contract
Samples: Rights Agreement (PHH Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust stockholder services business of the Rights 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 corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case case, at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the 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 Rights Certificates shall have not have been be 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Right Certificates shall Rights Certifi xxxxx 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 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 Certificates Rights Certifi xxxxx 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; 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 1 contract
Samples: Shareholder Protection Rights Agreement (First Tennessee National Corp)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided provided, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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. 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 1 contract
Samples: Rights Agreement (Loral Space & Communications Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agentrights agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Samples: Rights Agreement (Electro Scientific Industries Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any either of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Samples: Rights Agreement (Foster L B Co)
Merger or Consolidation or Change of Name of Rights Agent. (a Any corporation person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation person succeeding to the corporate trust 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 corporation person would be eligible for appointment as a successor Rights Agent under the provisions covenants 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 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; 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 1 contract
Samples: Rights Agreement (Printronix Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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 1 contract
Samples: Rights Agreement (Teleflex Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, party or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business stock transfer 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the 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 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; 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 1 contract
Samples: Rights Agreement (P Com Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agentrights agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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; 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 1 contract
Samples: Rights Agreement (Electro Scientific Industries Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation cooperation succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the 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 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 and, in case at that time any of the Right Rights Certificates shall not have been countersignedCountersigned, the Rights Agent may countersign such Right Rights Certificates either in its prior name or in its changed 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 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 any 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; 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 1 contract
Samples: Rights Agreement (Northwest Pipe Co)
Merger or Consolidation or Change of Name of Rights Agent. Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights 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. 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent 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 the case at that the time of any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Certificates either in the name of the predecessor Rights Right Agent or in the name of the successor Rights AgentAgents; 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 of 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 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 cases such Rights Certificates shall have the full force provided in the Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement (and shall become the Rights Agent for all purposes hereof) 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 corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the 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 Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Certificates either in the name of either 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 and effect 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 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 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 18 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 Rights 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 1 contract
