Common use of Over-Subscription Clause in Contracts

Over-Subscription. If, after allocation of the Shares to persons excercising Primary Subscription Rights, there remain unexercised Rights, then the Agent shall allot the Shares issuable upon exercise of such unexercised Rights (the "Remaining Shares") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of Shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of Shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of Shares owned by them on the Record Date. Any remaining Shares to be issued shall be allocated to

Appears in 1 contract

Samples: Subscription Agent Agreement (Kemper High Income Trust)

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Over-Subscription. If, after allocation of the Shares shares of Common Stock to persons excercising Primary Subscription RightsShareholders, there remain unexercised Rights, then the Agent shall allot the Shares shares issuable upon exercise of such unexercised Rights (the "Remaining Shares") to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of Shares shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of Shares shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising the Over-Subscription Privilege based on the number of Shares shares of Common Stock owned by them on the Record Date. Any remaining The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up to be issued result in delivery of whole shares of Common Stock. The Agent shall be allocated toadvise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Appears in 1 contract

Samples: Subscription Agent Agreement (Transwitch Corp /De)

Over-Subscription. If, after allocation of the Shares shares of Common Stock to persons excercising Primary Subscription RightsRecord Date Shareholders, there remain unexercised Rights, then the Agent shall allot the Shares shares issuable upon exercise of such unexercised Rights (the "Remaining Shares") to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of Shares shares of Common Stock for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of Shares shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of Rights issued to them by the Company. The percentage of Remaining Shares owned by them on each over-subscribing Record Date Shareholder may acquire will be rounded down to result in delivery of whole shares of Common Stock. The Agent shall advise the Record Date. Any remaining Shares Company immediately upon the completion of the allocation set forth above as to be issued shall be allocated tothe total number of shares of Common Stock subscribed for and distributable.

Appears in 1 contract

Samples: Subscription Agent Agreement (Liberty All Star Growth Fund Inc /Md/)

Over-Subscription. If, after allocation of the Shares Units to persons excercising Primary Subscription RightsRecord Date Shareholders, there remain unexercised Rights, then the Agent shall allot the Shares Units issuable upon exercise of such unexercised Rights (the "Remaining Shares"Units”) to shareholders Rights holders who have exercised all the Rights initially issued to them them, other than Rights distributed by Record Date Shareholdersto their own stockholders, members, and general or limited partners, and who wish to acquire more than the number of Shares Units for which the Rights issued to them are exercisable. Shares Units subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of Shares Units for which the Over-Subscription Privilege has been exercised is greater than the Remaining SharesUnits, the Agent shall allocate the Remaining Shares Units to Record Date Shareholders Rights holders exercising their Over-Subscription Privilege based on the number of Shares owned by them on Units each Rights holder elected to purchase pursuant to the Over-subscription Privilege, relative to the aggregate number of Units requested in all of the over-subscription requests received from the Rights holders. The number of Remaining Units each over-subscribing Record DateDate Shareholder or other Rights holder may acquire will be rounded down to result in delivery of whole shares of Common Stock underlying such Units. Any remaining Shares The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to be issued shall be allocated tothe total number of Units subscribed for and distributable.

Appears in 1 contract

Samples: Subscription Agent Agreement (Marshall Edwards Inc)

Over-Subscription. If, after allocation of the Shares shares of Common Stock to persons excercising Primary Subscription RightsRecord Date Shareholders, there remain unexercised Rights, then the Agent shall allot the Shares shares issuable upon exercise of such unexercised Rights (the "Remaining Shares") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of Shares shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of Shares shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of Rights issued to them by the Company. The percentage of Remaining Shares owned by them on each over-subscribing Record Date Shareholder may acquire will be rounded down to result in delivery of whole shares of Common Stock. The Agent shall advise the Record Date. Any remaining Shares Company immediately upon the completion of the allocation set forth above as to be issued shall be allocated tothe total number of shares subscribed and distributable.

Appears in 1 contract

Samples: Subscription Agent Agreement (Liberty All Star Growth Fund Inc /Md/)

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Over-Subscription. If, after allocation of the Shares shares of Common Stock to persons excercising Primary Subscription RightsRecord Date Shareholders, there remain unexercised Rights, then the Agent shall allot the Shares shares issuable upon exercise of such unexercised Rights (the "Remaining Shares") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of Shares shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of Shares shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on as described in the Prospectus. The percentage of Remaining Shares each over-subscribing Record Date Shareholder may acquire will be rounded down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of Shares owned by them on the Record Date. Any remaining Shares to be issued shall be allocated toshares subscribed and distributable.

Appears in 1 contract

Samples: Subscription Agent Agreement (Premierwest Bancorp)

Over-Subscription. If, after allocation of the Shares to persons excercising Primary Subscription RightsRecord Date Shareholders, there remain unexercised Rights, then the Agent shall allot the Shares issuable upon exercise of such unexercised Rights (the "Remaining Shares") to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of Shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of Shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising the Over-Subscription Privilege based on the number of Rights issued to them by the Company. The percentage of Remaining Shares owned by them on each over-subscribing Record Date Shareholder may acquire will be rounded down to result in delivery of whole Shares. The Agent shall advise the Record Date. Any remaining Company immediately upon the completion of the allocation set forth above as to the total number of Shares to be issued shall be allocated tosubscribed and distributable.

Appears in 1 contract

Samples: Subscription Agent Agreement (Liberty All Star Equity Fund)

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