Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 162 contracts
Samples: Rights Agreement (Old Republic International Corp), Rights Agreement (First Business Financial Services, Inc.), Rights Agreement (Hudson Highland Group Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his own behalf and for his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 59 contracts
Samples: Rights Agreement (Cumulus Media Inc), Rights Agreement, Rights Agreement (Air T Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action expressly given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 49 contracts
Samples: Rights Agreement (Savient Pharmaceuticals Inc), Rights Agreement (Emergent BioSolutions Inc.), Rights Agreement (Momenta Pharmaceuticals Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares)) may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 49 contracts
Samples: Rights Agreement (Cryo Cell International Inc), Rights Agreement (Cryo Cell International Inc), Stockholder Rights Agreement (Smith Micro Software Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 37 contracts
Samples: Rights Agreement (Oneok Inc /New/), Rights Agreement (Oneok Inc /New/), Rights Agreement (Polymer Research Corp of America)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 18 contracts
Samples: Rights Agreement (Nabi /De/), Rights Agreement (Provant Inc), Rights Agreement (First Indiana Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 18 contracts
Samples: Rights Agreement (Rocky Mountain Chocolate Factory, Inc.), Rights Agreement (Rocky Mountain Chocolate Factory, Inc.), Rights Agreement (Tri Valley Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 16 contracts
Samples: Rights Agreement (Solitron Devices Inc), Rights Agreement (Longview Fibre Co), Shareholder Rights Agreement (Nexmed Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 15 contracts
Samples: Rights Agreement (Inspire Insurance Solutions Inc), Rights Agreement (Cutter & Buck Inc), Rights Agreement (Six Flags Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 14 contracts
Samples: Rights Agreement (Crown Holdings Inc), Rights Agreement (Sea Pines Associates Inc), Rights Agreement (Crown Holdings Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); , and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 13 contracts
Samples: Rights Agreement (Columbia Laboratories Inc), Rights Agreement (Technical Communications Corp), Rights Agreement (Banctec Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 13 contracts
Samples: Rights Agreement (GTJ REIT, Inc.), Rights Agreement (GTJ REIT, Inc.), Rights Agreement (Basic Energy Services Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 13 contracts
Samples: Stockholder Rights Agreement (dELiAs, Inc.), Stockholder Rights Agreement (dELiAs, Inc.), Stockholder Rights Agreement (Coley Pharmaceutical Group, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to before the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to before the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to before the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 11 contracts
Samples: Rights Agreement (New 360), Rights Agreement (BNC Mortgage Inc), Rights Agreement (Edgar Online Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofand Section 20, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his its right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 10 contracts
Samples: Rights Agreement (Family Dollar Stores Inc), Rights Agreement (Family Dollar Stores Inc), Rights Agreement (Technology Research Corp)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting except the rights of action expressly given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 10 contracts
Samples: Rights Agreement (Kadant Inc), Rights Agreement (Lifeline Systems Inc), Rights Agreement (NMT Medical Inc)
Rights of Action. All rights of action in respect of to this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 10 contracts
Samples: Rights Agreement (Circuit City Stores Inc), Rights Agreement (Circuit City Stores Inc), Rights Agreement (Rainbow Technologies Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof18, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 9 contracts
Samples: Rights Agreement (Quidel Corp /De/), Rights Agreement (Quidel Corp /De/), Rights Agreement (Quidel Corp /De/)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and and, in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 9 contracts
Samples: Rights Agreement (Vitalworks Inc), Rights Agreement (Gyrodyne Co of America Inc), Rights Agreement (Calton Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Rights Agreement.
Appears in 8 contracts
Samples: Rights Agreement (S Y Bancorp Inc), Rights Agreement (Integra Bank Corp), Rights Agreement (Cytogen Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders holder of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Fog Cutter Capital Group Inc), Rights Agreement (Quaker Fabric Corp /De/), Rights Agreement (Overseas Shipholding Group Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the other than rights of action given to vested in the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Perseptive Biosystems Inc), Rights Agreement (Cambridge Technology Partners Massachusetts Inc), Rights Agreement (Cytyc Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Nac Re Corp), Rights Agreement (Stage Stores Inc), Rights Agreement (Nac Re Corp)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Rights Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Louisiana Pacific Corp), Rights Agreement (CSX Corp), Rights Agreement (New Morton International Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except for the rights of action given to the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced represented by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 6 contracts
Samples: Shareholder Rights Agreement (Philips International Realty Corp), Shareholder Rights Agreement (Mack Cali Realty Corp), Shareholder Rights Agreement (Philips International Realty Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, any holder of the Common SharesStock), may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Southwestern Energy Co), Rights Agreement (Capital One Financial Corp), Rights Agreement (Fleetboston Financial Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 6 contracts
Samples: Fourth Amended and Restated Renewed Rights Agreement (Genzyme Corp), Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or and may otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Salton Inc), Rights Agreement (Lasersight Inc /De), Rights Agreement (Delphi Information Systems Inc /De/)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and and, in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Madden Steven LTD), Rights Agreement (Supervalu Inc), Rights Agreement (Moore Medical Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 this Agreement hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares)) may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Digital Recorders Inc), Rights Agreement (American Home Products Corp), Rights Agreement (Digital Recorders Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his its right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Nanophase Technologies Corporation), Rights Agreement (Nanophase Technologies Corporation), Rights Agreement (Anicom Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, of his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person (including, without limitation, the Company) subject to, to this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Ballantyne Strong, Inc.), Rights Agreement (Euronet Worldwide Inc), Rights Agreement (Layne Christensen Co)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his own behalf and for his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will therefore be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Brush Wellman Inc), Rights Agreement (Elder Beerman Stores Corp), Rights Agreement (Elder Beerman Stores Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Cleveland Cliffs Inc), Rights Agreement (Cleveland Cliffs Inc), Rights Agreement (Pioneer Standard Electronics Inc)
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Vivra Inc), Rights Agreement (Us Foodservice/Md/), Rights Agreement (Valero Refining & Marketing Co)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person person subject to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Heartland Bancshares Inc /In/), Rights Agreement (Biomet Inc), Rights Agreement (German American Bancorp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (National Fuel Gas Co), Rights Agreement (National Fuel Gas Co), Rights Agreement (National Fuel Gas Co)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Dawson Geophysical Co), Rights Agreement (Data Return Corp), Rights Agreement (Dawson Geophysical Co)
Rights of Action. All rights of action in respect of this Agreement, excepting the except those rights of action given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his such holder’s own behalf and for his such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder’s right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach by the Company of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations by the Company of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Sorrento Therapeutics, Inc.), Rights Agreement (Sorrento Therapeutics, Inc.), Rights Agreement (Sorrento Therapeutics, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced represented by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Tanger Factory Outlet Centers Inc), Rights Agreement (Highwoods Properties Inc), Rights Agreement (Boddie Noell Properties Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and and, in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Geoworks /Ca/), Rights Agreement (Penney J C Co Inc), Rights Agreement (Penney J C Co Inc)
Rights of Action. All rights of action in respect of this Agreement, ---------------- excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his own behalf and for his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Sterling Commerce Inc), Rights Agreement (Matrix Service Co), Rights Agreement (Bibb Co /De)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to vested in the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his its right to exercise the Rights evidenced represented by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 4 contracts
Samples: Shareholder Rights Agreement (Univest Corp of Pennsylvania), Shareholder Rights Agreement (Community Partners Bancorp), Shareholder Rights Agreement (National Technical Systems Inc /Ca/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any . Any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares)Shares may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his on such holder’s own behalf and for his such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Ashford Inc), Rights Agreement (Hill International, Inc.), Rights Agreement (Ashford Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, any registered holder of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Comtech Telecommunications Corp /De/), Rights Agreement (Genlyte Group Inc), Rights Agreement (Computer Horizons Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his own behalf and for his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Harsco Corp), Rights Agreement (Harsco Corp), Rights Agreement (Harman International Industries Inc /De/)
Rights of Action. All rights of action in respect of this Agreement, excepting the except those rights of action given to vested in the Rights Agent under Section 18 hereofpursuant to Sections 20 and 21, are vested in the respective registered holders of the Right Rights Certificates (and, prior to before the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to before the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to before the Distribution Date, of the Common SharesStock), may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action action, or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced represented by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, under this Agreement and injunctive relief against actual or threatened violations of the obligations under this Agreement of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Jabil Circuit Inc), Rights Agreement (Jabil Circuit Inc), Rights Agreement (Pinnacle Holdings Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (AIM ImmunoTech Inc.), Third Amended and Restated Rights Agreement, Rights Agreement (Craftmade International Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and and, in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations underunder this Rights Agreement, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Minerals Technologies Inc), Rights Agreement (Minerals Technologies Inc), Rights Agreement (Minerals Technologies Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, any registered holder of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Alpine Group Inc /De/), Rights Agreement (Celadon Group Inc), Rights Agreement (Celadon Group Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the except those rights of action given to vested in the Rights Agent under Section 18 hereofpursuant to Sections 13 and 20, are vested in the respective registered holders of the Right Rights Certificates (and, prior to before the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to before the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action action, or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced represented by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, under this Agreement and injunctive relief against actual or threatened violations of the obligations under this Agreement of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Brown & Brown Inc), Rights Agreement (Brown & Brown Inc), Rights Agreement (Romac International Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofherein, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his own behalf and for his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach by the Company of this Agreement and will be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations by the Company of the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (PMFG, Inc.), Rights Agreement (Peerless Manufacturing Co), Rights Agreement (PMFG, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of record of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company or any other Person to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and and, accordingly, that they will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Resource Bancshares Mortgage Group Inc), Rights Agreement (Healthcare Recoveries Inc), Rights Agreement (Union Texas Petroleum Holdings Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, may in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Louisiana Pacific Corp), Rights Agreement (Epitope Inc/Or/), Rights Agreement (Willamette Industries Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Aviation General Inc), Rights Agreement (Securacom Inc), Rights Agreement (Promedco Management Co)
Rights of Action. All rights of action in respect ---------------- of this Rights Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc), Rights Agreement (Donnkenny Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any . Any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Provantage Health Services Inc), Rights Agreement (Shopko Stores Inc), Rights Agreement (Provantage Health Services Inc)
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person (including, without limitation, the Company) subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Icu Medical Inc/De), Rights Agreement (Sequus Pharmaceuticals Inc), Rights Agreement (Sequus Pharmaceuticals Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof18, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (La Jolla Pharmaceutical Co), Rights Agreement (Atlantic Coast Airlines Holdings Inc), Rights Agreement (Western Digital Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the Agreement other than rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), Stock) without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Castle a M & Co), Rights Agreement (Kellwood Co), Rights Agreement (Kellwood Co)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the any Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Northeast Utilities System), Rights Agreement (Northeast Utilities System)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock and Series B Preferred Stock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock and Series B Preferred Stock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock and Series B Preferred Stock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (American Precision Industries Inc), Rights Agreement (American Precision Industries Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Company Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Company Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Company Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Ct Communications Inc /Nc), Rights Agreement (Ct Communications Inc /Nc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the any holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Phelps Dodge Corp), Rights Agreement (Phelps Dodge Corp)
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting except the rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the any holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Guarantee Life Companies Inc), Rights Agreement (Guarantee Life Companies Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (andor, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations PAGE under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Selective Insurance Group Inc), Rights Agreement (Selective Insurance Group Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the Agreement other than rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), Stock) without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Preferred Stock Rights Agreement (Providence Service Corp), Preferred Stock Rights Agreement (Nexity Financial Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to vested in the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Dt Industries Inc), Rights Agreement (Omniquip International Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any . Any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares)Shares may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his on such holder’s own behalf and for his such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement by the Company and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreementthe Company.
Appears in 2 contracts
Samples: Rights Agreement (Ashford Inc.), Rights Agreement (Ashford Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, any registered holder of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Iturf Inc), Rights Agreement (Superior Telecom Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Trust to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Archstone Smith Operating Trust), Rights Agreement (Archstone Smith Trust)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesCompany Securities); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesCompany Securities), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesCompany Securities), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Amerisource Health Corp/De), Rights Agreement (Amerisource Health Corp/De)
Rights of Action. All Subject to the terms of this Agreement, rights ---------------- of action in respect of this Agreement, excepting the other than rights of action given to vested solely in the Rights Agent under Section 18 hereofAgent, are vested in the respective registered holders of the Right Certificates Rights (and, prior to the Distribution Date, the registered holders of the Common Sharesother than Acquiring Persons or Affiliates or Associates thereof); and any registered holder of any Right Certificate Rights (or, prior to the Distribution Date, of the Common Sharesother than Acquiring Persons or Affiliates or Associates thereof), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares)Rights, may, in his on such holder's own behalf and for his such holder's own benefitbenefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder's right to exercise the such holder's Rights evidenced by such Right Certificate in the manner provided in such Right holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Stockholder Protection Agreement (Protein Polymer Technologies Inc), Stockholder Protection Agreement (Semtech Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of of. the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action action, or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cpi Corp), Rights Agreement (Ipayment Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of Common Stock of the Common SharesCompany); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common SharesCompany), without the consent of the Rights Agent or of the any holder of any other Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common Shares), Company) may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Metlife Inc), Rights Agreement (Metlife Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding proceeding, against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Osteotech Inc), Rights Agreement (Osteotech Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Union Acceptance Corp), Rights Agreement (Union Acceptance Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Distribu tion Date, of the Common SharesStock), without the consent of the Rights Agent or of the any holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically spe cifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement Agree ment and will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Owens Corning), Rights Agreement (Owens Corning)
Rights of Action. All rights of action in respect of this Agreement, Agreement excepting the rights of action given to the Rights Agent under Section 18 this Agreement hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesCompany Voting Stock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesCompany Voting Stock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesCompany Voting Stock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Greektown Superholdings, Inc.), Rights Agreement (Greektown Superholdings, Inc.)
Rights of Action. All rights of action in respect of this AgreementAmendment, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate therein and in this AgreementAmendment. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement Amendment and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this AgreementAmendment.
Appears in 2 contracts
Samples: Rights Agreement (Flow International Corp), Rights Agreement (Flow International Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any . Any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares)Shares may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his on such holder's own behalf and for his such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder's right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Affinity Gaming), Rights Agreement (Prestige Brands Holdings, Inc.)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Community Banks Inc /Pa/), Rights Agreement (Community Banks Inc /Pa/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (South Jersey Industries Inc), Rights Agreement (South Jersey Industries Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Pathogenesis Corp), Rights Agreement (Pathogenesis Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.threatened
Appears in 2 contracts
Samples: Rights Agreement (Suffolk Bancorp), Rights Agreement (Suffolk Bancorp)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.Rights
Appears in 2 contracts
Samples: Rights Agreement (Mony Group Inc), Rights Agreement (Mony Group Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Fischer Imaging Corp), Rights Agreement (Fischer Imaging Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (MFB Corp), Rights Agreement (First Financial Corp /In/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Rock Bottom Restaurants Inc), Rights Agreement (Rock Bottom Restaurants Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action actions given to the Rights Right Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Right Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Belo a H Corp), Rights Agreement (Belo a H Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Keller Manufacturing Co), Rights Agreement (Keller Manufacturing Co)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent under pursuant to Section 18 hereofand Section 19, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any . Any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Canyon Resources Corp), Rights Agreement (Aurelio Resource Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate Certifi cate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Pacific Gateway Exchange Inc), Rights Agreement (Pacific Gateway Exchange Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Shareholder Protection Rights Agreement (Tehama Bancorp), Shareholder Protection Rights Agreement (North Valley Bancorp)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesCapital Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesCapital Stock), without the consent of the Rights Agent or of the any holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesCapital Stock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Quaker State Corp), Rights Agreement (Quaker State Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his own behalf and for his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Tax Asset Protection Rights Agreement (Comscore, Inc.), Tax Asset Protection Rights Agreement (Kaiser Aluminum Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action expressly given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or 28 30 threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Analog Devices Inc), Rights Agreement (Analog Devices Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting Excepting the rights of action given to the Rights Agent under Section 18 19 hereof, all rights of action in respect of this Agreement are vested in the respective registered holders of the Right Rights Certificates (and, and prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, or prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action action, or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Insci Statements Com Corp), Rights Agreement (Insci Statements Com Corp)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common Shares)Stock; and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cosi Inc), Rights Agreement (Cosi Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate Certifi- cate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Bankers Trust New York Corp), Rights Agreement (Bankers Trust New York Corp)
