Common use of MERGER OR CONSOLIDATION OR CHANGE OF Clause in Contracts

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder 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 warrant agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.

Appears in 10 contracts

Samples: Warrant Agreement (Audio Highway-Com), Warrant Agreement (Phytotech Inc /Nj/), Warrant Agreement (E Com International Inc)

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MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT RIGHTS AGENT Any corporation into which the Warrant 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 Warrant Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or all or substantially all of the corporate trust business of the Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Rights Agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Agreement, Rights Agreement any of the Warrant Right Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, any successor to the Warrant Rights Agent may countersign such Warrant Right Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Rights Agreement. In case at any time the name of the Warrant Rights Agent shall be changed and at such time any of the Warrant Right Certificates shall have been countersigned but not delivered, the Warrant Rights Agent may adopt the countersignature under its prior name and deliver Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Right Certificates either in its prior name or in its changed name; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Rights Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Ct Communications Inc /Nc), Rights Agreement (Ct Communications Inc /Nc)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT RIGHTS AGENT Any corporation into which the Warrant 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 Warrant 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 Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder 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 warrant agent Rights Agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Right Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, any successor to the Warrant Rights Agent may countersign such Warrant Right Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement. In case at any time the name of the Warrant Rights Agent shall be changed and at such time any of the Warrant Right Certificates shall have been countersigned but not delivered, the Warrant Rights Agent may adopt the countersignature under its prior name and deliver Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Right Certificates either in its prior name or in its changed name; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Capital Corp of the West), Rights Agreement (Capital Corp of the West)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT RIGHTS AGENT. Any corporation or other entity into which the Warrant Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation or other entity resulting from any merger or consolidation to which the Warrant Rights Agent or any successor Rights Agent shall be a party, or any corporation or other entity succeeding to all or substantially all the stock transfer or corporate trust business of the Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder 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 or other entity would be eligible for appointment as a successor warrant agent Rights Agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Agreement, any of the Warrant Right Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, any successor to the Warrant Rights Agent may countersign such Warrant Right Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement. In case at any time the name of the Warrant Rights Agent shall be changed and at such time any of the Warrant Right Certificates shall have been countersigned but not delivered, the Warrant Rights Agent may adopt the countersignature under its prior name and deliver Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Right Certificates either in its prior name or in its changed name; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Abbott Laboratories), Rights Agreement (Abbott Laboratories)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT THE RIGHTS AGENT (1) Any corporation into which the Warrant Rights Agent or any successor Rights Agent may be merged or amalgamated or with which it may be consolidated, or any corporation resulting from any merger merger, amalgamation or consolidation to which the Warrant Rights Agent shall be or any successor Rights Agent is a party, or any corporation succeeding to the corporate trust shareholder or stockholder services business of the Warrant Rights Agent or any successor Rights Agent, shall will be the successor to the Warrant Rights Agent hereunder 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 warrant agent Rights Agent under the provisions of Section 21 hereof4.04. In case at the time such successor to the Warrant Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Warrant Rights Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Rights Certificates so countersigned; and in case at that time any of the Warrant Rights Certificates shall have not have been countersigned, any successor to the Warrant Rights Agent may countersign such Warrant Rights Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Rights Certificates shall have the full force provided for in the Warrant Rights Certificates and in this Agreement. . (2) In case at any time the name of the Warrant Rights Agent shall be is changed and at such time any of the Warrant Rights Certificates shall have been countersigned but not delivered, the Warrant Rights Agent may adopt the countersignature under its prior name and deliver Warrant Rights Certificates so countersigned; and in case at that time any of the Warrant Rights Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Rights Certificates either in its prior name or in its changed name; and in all such cases such Warrant Rights Certificates shall have the full force provided for in the Warrant Rights Certificates and in this Agreement.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Novelis Inc.), Shareholder Rights Agreement (Novelis Inc.)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT Any corporation entity into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation entity resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation entity succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder 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 entity would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.

Appears in 1 contract

Samples: Warrant Agreement (Supergen Inc)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT AGENT. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder 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 warrant agent Warrant Agent under the provisions of Section 21 19 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.

Appears in 1 contract

Samples: Warrant Agreement (Wherehouse Entertainment Inc /New/)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT RIGHTS AGENT Any corporation into which the Warrant 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 Warrant Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or all or substantially all of the corporate trust business of the Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Rights Agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Agreement, Rights Agreement any of the Warrant Rights Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Rights Certificates so countersigned; and in case at that time any of the Warrant Rights Certificates shall not have been countersigned, any successor to the Warrant Rights Agent may countersign such Warrant Rights Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Rights Certificates shall have the full force provided in the Warrant Rights Certificates and in this Rights Agreement. In case at any time the name of the Warrant Rights Agent shall be changed and at such time any of the Warrant Rights Certificates shall have been countersigned but not delivered, the Warrant Rights Agent may adopt the countersignature under its prior name and deliver Warrant Rights Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Rights Certificates either in its prior name or in its changed name; and in all such cases such Warrant Rights Certificates shall have the full force provided in the Warrant Rights Certificates and in this Rights Agreement.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Wegener Corp)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder 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 warrant agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Class A Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Class A Warrant Certificates so countersigned; and in case at that time any of the Class A Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Class A Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Class A Warrant Certificates shall have the full force provided in the Class A Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Class A Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Class A Warrant Certificates so countersigned; and in case at that time any of the Class A Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Class A Warrant Certificates either in its prior name or in its changed name; and in all such cases such Class A Warrant Certificates shall have the full force provided in the Class A Warrant Certificates and in this Agreement.

Appears in 1 contract

Samples: Class a Warrant Agreement (Amazon Herb Co)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT Name of Rights Agent. Any corporation into which the Warrant 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 Warrant Rights Agent or any successor Rights Agent shall be a party, or any corporation corpora- tion succeeding to the stock transfer or corporate trust business pow- ers of the Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder 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 warrant agent suc- cessor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Agreement, any of the Warrant Right Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersignedcoun- tersigned, any successor to the Warrant Rights Agent may countersign such Warrant Right Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement. In case at any time the name of the Warrant Rights Agent shall be changed and at such time any of the Warrant Certificates Right Certifi- cates shall have been countersigned but not delivered, the Warrant Rights Agent may xxx adopt the countersignature under its prior name and deliver Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Right Certificates either in its prior name or in its changed name; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (PPG Industries Inc)

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MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT RIGHTS AGENT Any corporation into which the Warrant 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 Warrant Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all the stock transfer or corporate trust business powers of the Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder 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 warrant agent Rights Agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Agreement, any of the Warrant Right Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, any successor to the Warrant Rights Agent may countersign such Warrant Right Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement. In case at any time the name of the Warrant Rights Agent shall be changed and at such time any of the Warrant Right Certificates shall have been countersigned but not delivered, the Warrant Rights Agent may adopt the countersignature under its prior name and deliver Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Right Certificates either in its prior name or in its changed name; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Teekay Shipping Corp)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT Name of Rights Agent. Any corporation into which the Warrant 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 Warrant Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business powers of the Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder 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 warrant agent Rights Agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Agreement, any of the Warrant Right Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, any successor to the Warrant Rights Agent may countersign such Warrant Right Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement. In case at any time the name of the Warrant Rights Agent shall be changed and at such time any of the Warrant Certificates Right Certifi- xxxxx shall have been countersigned but not delivered, the Warrant Rights Agent may adopt the countersignature under its prior name and deliver Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Right Certificates either in its prior name or in its changed name; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Southern New England Telecommunications Corp)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT RIGHTS AGENT Any corporation Person into which the Warrant 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 Warrant Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust stock transfer or shareholder services business of the Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder 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 warrant agent Rights Agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Right Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, any successor to the Warrant Rights Agent may countersign such Warrant Right Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement. In case at any time the name of the Warrant Rights Agent shall be changed and at such time any of the Warrant Right Certificates shall have been countersigned but not delivered, the Warrant Rights Agent may adopt the countersignature under its prior name and deliver Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Right Certificates either in its prior name or in its changed name; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Bank of Marin Bancorp)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT Name of Rights Agent. Any corporation into which the Warrant 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 Warrant Rights Agent or any successor Rights Agent shall be a party, or any corporation corpora- tion succeeding to the stock transfer or corporate trust business pow- ers of the Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder under this Rights Agree- ment without the execution or filing of any paper or any further fur- ther act on the part of any of the parties hereto, ; provided that such corporation would be eligible for appointment as a successor warrant agent Rights Agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Warrant Right Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and de- liver such Right Certificates so countersigned; and, in case at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may counter- sign such Right Certificates either in the name of the prede- cessor 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 Certifi- cates shall have been countersigned but not delivexxx, the Rights Agent may adopt the countersignature under its prior name and deliver such Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Right Certificates either in its prior name or in its changed name; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Rights Agreement.

Appears in 1 contract

Samples: Rights Agreement (New Morton International Inc)

MERGER OR CONSOLIDATION OR CHANGE OF. NAME OF WARRANT AGENT RIGHTS AGENT. Any corporation or limited liability company into which the Warrant Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation or limited liability company resulting from any merger or consolidation to which the Warrant Rights Agent or any successor Rights Agent shall be a party, or any corporation or limited liability company succeeding to the corporate trust or stock transfer business of the Warrant Rights Agent or any successor Rights Agent, shall be the successor to the Warrant Rights Agent hereunder 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 or limited liability company would be eligible for appointment as a successor warrant agent Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor to the Warrant Rights Agent shall succeed to the agency created by this Agreement, any of the Warrant Right Certificates shall have been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant predecessor Rights Agent and deliver such Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, any successor to the Warrant Rights Agent may countersign such Warrant Right Certificates either in the name of the predecessor Warrant Rights Agent or in the name of the successor Warrant Rights Agent; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement. In case at any time the name of the Warrant Rights Agent shall be changed and at such time any of the Warrant Right Certificates shall have been countersigned but not delivered, the Warrant Rights Agent may adopt the countersignature under its prior name and deliver Warrant Right Certificates so countersigned; and in case at that time any of the Warrant Right Certificates shall not have been countersigned, the Warrant Rights Agent may countersign such Warrant Right Certificates either in its prior name or in its changed name; and in all such cases such Warrant Right Certificates shall have the full force provided in the Warrant Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Parent Holding Corp)

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