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 7 contracts
Samples: Warrant Agreement (Progenitor Inc), Warrant Agreement (Durus Life Sciences Master Fund LTD), Warrant Agreement (Progenitor 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 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 5 contracts
Samples: Warrant Agreement (Vaughan Foods, Inc.), Warrant Agreement (Vaughan Foods, Inc.), Warrant Agreement (Vaughan Foods, Inc.)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT AGENT. Any corporation into or company which may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from by any merger or consolidation or otherwise 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 Warrant Agent under the provisions of Section 21 hereof17 of this Agreement. 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 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 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 4 contracts
Samples: Warrant Agreement (N Gen Solutions Com Inc), Warrant Agreement (N Gen Solutions Com Inc), Warrant Agreement (Host America 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 will be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall will 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 if the corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereofof this Agreement. In case at the time such the successor to the Warrant Agent shall will succeed to the agency created by this Agreement, any of the Warrant Certificates shall will 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 the Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall will not have been countersigned, any successor to the Warrant Agent may countersign such the Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such the cases such the Warrant Certificates shall will 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 will be changed and at such time when any of the Warrant Certificates shall will 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 will not have been countersigned, the Warrant Agent may countersign such the Warrant Certificates either in its prior name or in its changed name; and in all such cases such the Warrant Certificates shall will have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 3 contracts
Samples: Consulting Agreement (Rocketinfo Inc.), Consulting Agreement (Rocketinfo Inc.), Consulting Agreement (Rocketinfo 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 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 anything herein to the provisions of Section 21 hereofcontrary notwithstanding. In the case of Warrants which have been countersigned by the Warrant Agent, but not delivered at the time any such successor to the Warrant Agent shall succeed succeeds 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 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 and effect 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 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 and effect provided in the Warrant Certificates and in this Agreement.
Appears in 3 contracts
Samples: Warrant Agreement (Derma Sciences Inc), Warrant Agreement (Igene Biotechnology Inc), Warrant Agreement (Derma Sciences Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent. -----
(a) 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 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 however, 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 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 a 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 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 Agreement. .
(b) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Sequus Pharmaceuticals Inc), Rights Agreement (Marriott International Inc /Md/), Rights Agreement (Sequus Pharmaceuticals Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights Agent
(a) 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 4.4 hereof. 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 will have the full force provided in the Warrant Rights Certificates and in this Agreement. .
(b) 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (TLC Laser Center Inc), Shareholder Rights Plan Agreement (TLC Laser Center Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of 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 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 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 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, 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 Certificates Rights Certificate 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 Certificates Rights Certificate 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 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cable Design Technologies Corp), Rights Agreement (Aksys LTD)
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 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 2 contracts
Samples: Warrant Agreement (Advantage Marketing Systems Inc/Ok), Warrant Agreement (Advantage Marketing Systems Inc/Ok)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights Agent ---------------------------------------------------------
(a) 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 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 however, that such corporation Person 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 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 a 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 Agreement. .
(b) In case at any time the name of the Warrant Rights Agent shall be changed 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Vital Images Inc), Rights Agreement (Vital Images Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT RIGHTS AGENT
(a) 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 stock transfer, shareholder services 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. .
(b) 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 (Energizer Holdings Inc), Rights Agreement (Energizer Holdings 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 corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper instrument or agreement 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 the 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 the case that at that any 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 the case that 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 2 contracts
Samples: Unit and Warrant Agreement (Advantage Marketing Systems Inc/Ok), Unit and Warrant Agreement (Advantage Marketing Systems Inc/Ok)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent. -----
(1) 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 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 however, 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 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 a 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 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 Agreement. .
(2) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Wit Capital Group Inc), Rights Agreement (Wit Capital Group Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent. -----
(a) 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 corporate trust business or shareholder services businesses 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 document 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 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 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 a 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 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 Agreement. .
(b) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent. -----
(a) 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 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 however, 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 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 a 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 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 Agreement. .
(b) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Tenneco Inc /De)
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
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 action 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 16 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 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 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 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 (Checkers Drive in Restaurants Inc /De)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT RIGHTS AGENT
(a) 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 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 HOWEVER, 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 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 a 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 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 Agreement. .
(b) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Common Stock Purchase Rights Agreement (Mansur Industries Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of -------------------------------------------- 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 all or substantially all of the 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 Person 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 a 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 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 (Dennys Corp)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of 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 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, 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 Rights 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 (RPM Inc/Oh/)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent.
(a) 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 corporate trust business or shareholder services businesses 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 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 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 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 a 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 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 Agreement. .
(b) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Warrant ---------------------------------------------------- Agent. ------
(a) Any corporation into or company which may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from by any merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation or company 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 Warrant Agent under the provisions of Section 21 hereof18 of this Agreement. 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 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 shall countersign such Warrant Certificates either Warrants in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentits own 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. .
(b) 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 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
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent.
(a) 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 corporate trust 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 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 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 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 a 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 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 Agreement. .
(b) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of --------------------------------------------- Rights Agent. ------------
(a) 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 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, 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. .
(b) 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 (Intergraph Corp)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent. ------
(a) 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 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 however, 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 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 a 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 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 Agreement. .
(b) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
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 corporate corporation 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 16 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 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 such 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 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.been
Appears in 1 contract
Samples: Warrant Subscription Agreement (American Eagle Group Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of 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 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 (Keystone Automotive Industries Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent. -----
(a) 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 shall or any successor Rights Agent will be a party, or any corporation corporation, succeeding to the corporate trust shareholder 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 document or any further act on the part of any of the parties hereto, provided that such corporation would be eligible is for appointment as a successor warrant agent Rights Agent under the provisions of Section 21 hereof20. 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 Right Certificates shall have has been countersigned but not delivered, any such successor to the Warrant Rights Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates predecessor so countersigned; and in case at that time any of the Warrant Right Certificates shall have 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 cases, such Warrant Right Certificates shall will have the full force provided in the Warrant Right Certificates and in this Agreement. .
(b) In case at any time the name of the Warrant Rights Agent shall be is changed and at such time any of the Warrant Right Certificates shall have has 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 have 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 cases, such Warrant Right Certificates shall will have the full force provided in the Warrant Right Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Jo-Ann Stores Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of -------------------------------------------- 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 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 Person 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 Agent and deliver such Warrant Certificates predecessor 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
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of -------------------------------------------- Rights Agent. ------------
(a) 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 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 however, 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 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 a predecessor Rights Agent and deliver such Warrant Rights Certificates so countersigned; and in case at that the 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 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 Agreement. .
(b) In case at any time the name of the Warrant Rights Agent shall be changed 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 case, at that time 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent. -----
(a) 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 shall be or any successor Rights Agent is a party, or any corporation succeeding to the corporate trust shareholder 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 4.4 hereof. In case case, at the time such successor to the Warrant Rights Agent shall succeed succeeds to the agency created by this 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 will have the full force provided in the Warrant Rights Certificates and in this Agreement. .
(b) 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 is 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 Agreement.
Appears in 1 contract
Samples: Shareholder Rights Agreement (Central Bancorp Inc /Ma/)
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 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(S)15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time 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 Warranty Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the 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 Agentwarrant agent; and in all such cases such Warrant Certificates Warrants 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 Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature 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 either Warrants whether 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
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 corporate corporation 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 16 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 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 such 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 (Citicasters Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT RIGHTS AGENT
(a) 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 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 heretoto this Rights Agreement; provided, provided however, that such corporation Person would be eligible for appointment as a successor warrant agent Rights Agent under the provisions of Section 21 22 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 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 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 and, in all such cases cases, such Warrant Rights Certificates shall have the full force provided in the Warrant Rights Certificates and in this Rights Agreement. .
(b) 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 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 and, in all such cases 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
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 Warrant Agent under the provisions of Section 21 17 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 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 such 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 either Warrants wither 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
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent. -----
(a) 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 corporate trust 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, provided however, 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 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 a 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 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 Agreement. .
(b) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
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 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 hereof16 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and any of the Warrant Certificates 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 certificates so countersigned; and in case at that time any of the Warrant Certificates certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases the Warrants represented by such Warrant Certificates certificates shall have the full force provided in the Warrant Certificates certificates and in this Agreement. Any such successor Warrant Agent shall promptly give notice of its succession as Warrant Agent to the Company and to the registered holder of each Warrant certificate. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates certificates so countersigned; and in case at that time any of the Warrant Certificates certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates certificates either in its prior name or in its changed name; and in all such cases the Warrants represented by such Warrant Certificates certificates shall have the full force provided in the Warrant Certificates certificates and in this Agreement.
Appears in 1 contract
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 corporate trust shareholder services 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 16 hereof. In case at the time such successor to the Warrant Warrants Agent shall succeed to the agency created by this 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 so 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 such 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 either Warrants whether 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
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of 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
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of 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 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
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of 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 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 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, 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 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Tandy Corp /De/)
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 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 hereofss.15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time 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 the 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 Agentwarrant agent; and in all such cases such Warrant Certificates Warrants 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 Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature 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 either Warrants whether 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 (Butterwings Entertainment Group Inc)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT RIGHTS AGENT
(a) 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 unitholder 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 4.4 hereof. 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 will have the full force provided in the Warrant Rights Certificates and in this Agreement. .
(b) 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Unitholder Protection Rights Agreement (Strategic Energy Fund)
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of Rights --------------------------------------------------- Agent.
(a) 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 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 however, 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 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 a 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 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 Agreement. .
(b) 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of Name of -------------------------------------------- Rights Agent. Any corporation or other 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 or other 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 or other Person 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, provided that such corporation or other Person 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
MERGER OR CONSOLIDATION OR CHANGE. OF NAME OF WARRANT AGENT of 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 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 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 22 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 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 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 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 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 in the Warrant Rights Certificates and in this Agreement.
Appears in 1 contract
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 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 17 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 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 such Warrants so countersigned; and in case at that the 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
