Common use of Over-Subscription Right Clause in Contracts

Over-Subscription Right. If a Rights Offeree exercises his or her Basic Subscription Right in full, the Rights Offeree may subscribe for additional Units (the "Over-Subscription Right") at the Subscription Price. The Subscription Agent shall determine the number of Units subscribed for pursuant to the exercise of the Over-Subscription Right. If sufficient Units in excess of all Units subscribed for pursuant to the regular exercise of Rights are available to satisfy all exercised Over-Subscription Rights, the Subscription Agent shall fill all such exercised Over-Subscription Rights as and to the same extent as if pursuant to the regular exercise of Rights. To the extent, however, that sufficient Units are not available to fill all such exercised Over-Subscription Rights, the Units which are available will be allocated among those electing to additionally subscribe on a pro rata basis in proportion to the amount of each securityholder's Over-Subscription. Unsubscribed Rights as of the Expiration Date may be subscribed for by those electing to exercise the Over-Subscription Right. To exercise the Over-Subscription Right, the appropriate block on the Over-Subscription form must be completed and payment in full for additional Units must accompany the form and be submitted to the Subscription Agent prior to the Expiration Date.

Appears in 3 contracts

Samples: Subscription Rights Agreement (Worldgate Communications Inc), Subscription Rights Agreement (Waverider Communications Inc), Subscription Rights Agreement (Waverider Communications Inc)

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Over-Subscription Right. If a Rights Offeree exercises his or her Basic Subscription Right in full, the Rights Offeree may subscribe for additional Units shares of Series B Preferred (the "Over-Subscription Right") at the Subscription Price, on a pro rata basis with Common Stockholders who also beneficially own Series A Preferred and who were not, pursuant to the terms of the Series A Preferred, entitled to receive Basic Subscription Rights. The Subscription Agent shall determine the number of Units shares of Series B Preferred subscribed for pursuant to the exercise of the all Over-Subscription RightRights. If sufficient Units shares of Series B Preferred in excess of all Units shares of Series B Preferred subscribed for pursuant to the regular exercise of Rights are available to satisfy all exercised Over-Subscription Rights, the Subscription Agent shall fill all such exercised Over-Subscription Rights as and to the same extent as if pursuant to the regular exercise of Rights. To the extent, however, that sufficient Units shares of Series B Preferred are not available to fill all such exercised Over-Subscription Rights, the Units shares of Series B Preferred which are available will be allocated among those electing to additionally subscribe on a pro rata basis in proportion to the amount of each securityholder's Over-Subscription. Unsubscribed Rights as of the Expiration Date may be subscribed for by those electing to exercise the Over-Subscription Right. To exercise the Over-Subscription Right, the appropriate block on the Over-Subscription form must be completed and payment in full for additional Units shares of Series B Preferred must accompany the form and be submitted to the Subscription Agent prior to the Expiration Date.

Appears in 2 contracts

Samples: Subscription Agent Agreement (Advanced BioPhotonics Inc.), Subscription Agent Agreement (Omnicorder Technologies Inc)

Over-Subscription Right. If a Rights Offeree exercises his or her Basic Subscription Right in full, the Rights Offeree may subscribe for additional Units shares of Series B Preferred (the "Over-Subscription Right") at the Subscription Price, on a pro rata basis with Common Stockholders who also exercise Over-Subscription Rights. The Subscription Agent shall determine the number of Units shares of Series B Preferred subscribed for pursuant to the exercise of the all Over-Subscription RightRights. If sufficient Units shares of Series B Preferred in excess of all Units shares of Series B Preferred subscribed for pursuant to the regular exercise of Rights are available to satisfy all exercised Over-Subscription Rights, the Subscription Agent shall fill all such exercised Over-Subscription Rights as and to the same extent as if pursuant to the regular exercise of Rights. To the extent, however, that sufficient Units shares of Series B Preferred are not available to fill all such exercised Over-Subscription Rights, the Units shares of Series B Preferred which are available will be allocated among those electing to additionally subscribe on a pro rata basis in proportion to the amount of each securityholder's Over-Subscription. Unsubscribed Rights as of the Expiration Date may be subscribed for by those electing to exercise the Over-Subscription Right. To exercise the Over-Subscription Right, the appropriate block on the Over-Subscription form must be completed and payment in full for additional Units shares of Series B Preferred must accompany the form and be submitted to the Subscription Agent prior to the Expiration Date.

Appears in 1 contract

Samples: Subscription Agent Agreement (Advanced BioPhotonics Inc.)

Over-Subscription Right. If a Rights Offeree exercises his or her Basic Subscription Right in full, the Rights Offeree may subscribe for additional Units shares of Series B Preferred (the "Over-Subscription Right") at the Subscription Price, on a pro rata basis with Common Stockholders who also exercise Over-Subscription Rights. The Subscription Agent shall determine the number of Units shares of Series B Preferred subscribed for pursuant to the exercise of the all Over-Subscription RightRights. If sufficient Units shares of Series B Preferred in excess of all Units shares of Series B Preferred subscribed for pursuant to the regular exercise of Rights are available to satisfy all exercised Over-Subscription Rights, the Subscription Agent shall fill all such exercised Over-Subscription Rights as and to the same extent as if pursuant to the regular exercise of Rights. To the extent, however, that sufficient Units shares of Series B Preferred are not available to fill all such exercised Over-Subscription Rights, the Units shares of Series B Preferred which are available will be allocated among those electing to additionally subscribe on a pro rata basis in proportion to based on the amount total number of each securityholder's Overshares of Common Stock owned by such over-Subscriptionsubscribing Rights Offerees on the Record Date. Unsubscribed Rights as of the Expiration Date may be subscribed for by those electing to exercise the Over-Subscription Right. To exercise the Over-Subscription Right, the appropriate block on the Over-Subscription form must be completed and payment in full for additional Units shares of Series B Preferred must accompany the form and be submitted to the Subscription Agent prior to the Expiration Date.

Appears in 1 contract

Samples: Subscription Agent Agreement (Advanced BioPhotonics Inc.)

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Over-Subscription Right. If a Rights Offeree exercises his or her Basic Subscription Right in full, the Rights Offeree may subscribe for additional Units (the "Over-Subscription Right") at the Subscription Price. The Subscription Agent shall determine the number of Units subscribed for pursuant to the exercise of the Over-Subscription Right. If sufficient Units in excess of all Units subscribed for pursuant to the regular exercise of Basic Subscription Rights are available to satisfy all exercised Over-Subscription Rights, the Subscription Agent shall fill all such exercised Over-Subscription Rights as and to the same extent as if pursuant to the regular exercise of Basic Subscription Rights. To the extent, however, that sufficient Units are not available to fill all such exercised Over-Subscription Rights, the Units which are available to fill exercised Over-Subscription Rights will be allocated among those electing to additionally subscribe exercising Over-Subscription Rights on a pro rata basis in proportion to the amount total number of each securityholder's Over-SubscriptionSubscription Rights exercised by all Rights Offerees exercising Over-Subscription Rights. Unsubscribed Rights as of the Expiration Date may be subscribed for by those Those electing to exercise the Over-Subscription RightRight must subscribe for such Units at the time of exercising the Basic Subscription Rights. To exercise the Over-Subscription Right, the appropriate block on the Over-Subscription Rights Certificate form must be completed and payment in full for additional Units must accompany the form and be submitted to the Subscription Agent prior to at the Expiration Datetime the such Rights Offeree exercises the Basic Subscription Right.

Appears in 1 contract

Samples: Subscription Rights Agreement (Relm Wireless Corp)

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