Right. In case such subscription price may be paid in a consideration part or all of which shall be in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the Corporation, whose determination shall be described in a statement filed with the Rights Agent and shall be binding on the Rights Agent and holders of the Rights. Preferred Shares owned by or held for the account of the Corporation shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which would then be in effect if such record date had not been fixed.
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Samples: Rights Agreement (Obagi Medical Products, Inc.), Rights Agreement (Gtsi Corp), Rights Agreement (Pac-West Telecomm Inc)
Right. In case such subscription price may be paid in a consideration part or all of which shall be in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationCompany, whose determination shall be described in a written statement filed with the Rights Agent and shall be binding on the Rights Agent and holders of the Rights. Preferred Shares owned by or held for the account of the Corporation Company or any Subsidiary of the Company shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which would then be in effect if such record date had not been fixed.
Appears in 2 contracts
Samples: Merger Agreement (Hospitality Distribution Inc), Rights Agreement (Cec Entertainment Inc)
Right. In case such subscription price may be paid in a consideration part or all of which shall be is in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationBoard, whose determination shall be described in a written statement filed with the Rights Agent and which shall be binding on the Rights Agent and holders Agreement. Shares of the Rights. Preferred Shares Stock owned by or held for the account of the Corporation Company shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, and in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which would then be in effect if such record date had not been fixed.
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Right. In case such subscription price may be paid in a consideration part or all of which shall be in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationBoard, whose determination shall be described in a statement filed with the Rights Agent and shall be binding on the Rights Agent and the holders of the Rights. Preferred Shares Common Stock owned by or held for the account of the Corporation Company or any Subsidiary of the Company shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, and in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which would then be in effect if such record date had not been fixed.
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Right. In case such subscription price may be paid in a consideration part or all of which shall be in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationCompany, whose determination shall be described in a statement filed with the Rights Agent and shall be binding on the Rights Agent and holders of the RightsAgent. Preferred Common Shares owned by or held for the account of the Corporation Company shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, and in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which would then be in effect if such record date had not been fixed.
Appears in 1 contract
Samples: Rights Agreement (Championship Auto Racing Teams Inc)
Right. In case such subscription price may be paid in a consideration part or all of which shall be in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationCompany, whose determination shall be described in a statement filed with the Rights Agent Agent. Shares of Preferred Stock and shall be binding on the Rights Agent and holders of the Rights. Equivalent Preferred Shares owned by or held for the account of the Corporation Company shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, and in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which would then be in effect if such record date had not been fixed.
Appears in 1 contract
Samples: Rights Agreement (Hologic Inc)
Right. In case such subscription price may be paid in a consideration part or all of which shall be in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationBoard, whose determination shall be described in a statement filed with the Rights Agent and shall be binding on upon the Rights Agent and holders of the Rights. Preferred Shares Stock owned by or held for the account of the Corporation shall not be deemed outstanding for the purpose of any such computation. Such adjustment adjustments shall be made successively whenever such a record date is fixed; and, and in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which that would then be in effect if such record date had not been fixed.
Appears in 1 contract
Samples: Rights Agreement (Graham Corp)
Right. In case such subscription price may be paid in a consideration part or all of which shall be in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationCompany, whose determination shall be described in a statement filed with the Rights Agent Agent. Preference Shares and shall be binding on the Rights Agent and holders of the Rights. Preferred Shares equivalent preference shares owned by or held for the account of the Corporation Company shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, and in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which would then be in effect if such record date had not been fixed.
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Right. In case such subscription price may be paid in a consideration part or all of which shall be is in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationBoard, whose determination shall be described in a written statement filed with the Rights Agent and shall be binding on the Rights Agent and holders Agent. Shares of the Rights. Preferred Shares Stock owned by or held for the account of the Corporation Company shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, and in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which would then be in effect if such record date had not been fixed.
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Right. In case such subscription price may be paid in a consideration part or all of which shall be in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationBoard, whose determination shall be described in a statement filed with the Rights Agent and shall be binding on the Rights Agent and the holders of the Rights. Preferred Shares owned by or held for the account of the Corporation Company or any Subsidiary of the Company shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, and in the event that such rights, options rights or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which would then be in effect if such record date had not been fixed.
Appears in 1 contract
Samples: Rights Agreement (Drug Emporium Inc)
Right. In case such subscription price may be paid in a consideration part or all of which shall be in a form other than cash, the value of such consideration shall be as determined in good faith by the Board of Directors of the CorporationBoard, whose determination shall be described in a statement filed with the Rights Agent and shall be binding on the Rights Agent and holders of the RightsAgent. Preferred Shares owned by or held for the account of the Corporation Company shall not be deemed outstanding for the purpose of any such computation. Such adjustment shall be made successively whenever such a record date is fixed; and, and in the event that such rights, options or warrants are not so issued, the Purchase Price shall be adjusted to be the Purchase Price which that would then be in effect if such record date had not been fixed.
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