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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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 112 contracts
Samples: Shareholder Agreements (Stalwart Tankers Inc.), Preferred Shares Rights Agreement (Phoenix Technologies LTD), Rights Agreement (Forgent Networks Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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 93 contracts
Samples: Preferred Stock Rights Agreement (Ista Pharmaceuticals Inc), Preferred Stock Rights Agreement (Copart Inc), Preferred Stock Rights Agreement (Intraware 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 44 contracts
Samples: Rights Agreement (Vulcan Materials Co), Rights Agreement (Darden Restaurants Inc), Rights Agreement (Genesis Healthcare 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 37 contracts
Samples: Rights Agreement (Terran Orbital Corp), Rights Agreement (Terran Orbital Corp), Rights Agreement (Cracker Barrel Old Country Store, 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 28 contracts
Samples: Rights Agreement (Adc Telecommunications Inc), Rights Agreement (Apogee Enterprises Inc), Rights Agreement (First Sentinel Bancorp 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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 23 contracts
Samples: Preferred Shares Rights Agreement (Applied Imaging Corp), Preferred Shares Rights Agreement (Telcom Semiconductor Inc), Preferred Shares Rights Agreement (Aspect Telecommunications 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the shares of 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 Rights Certificate in the manner provided in such 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 23 contracts
Samples: Stockholders Rights Agreement (Navios Maritime Holdings Inc.), Stockholders Rights Agreement (Oceanfreight Inc.), Stockholders Rights Agreement (Ocean Rig UDW 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 Rights Right Certificates (and, prior to the Distribution Separation Date, the registered holders of the any certificate representing Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Separation Date, of the any other certificate representing Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Separation Date, of the Common Shares), 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 Rights Right Certificate in the manner provided in such Rights 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 15 contracts
Samples: Rights Agreement (Orthologic Corp), Rights Agreement (Cd Radio Inc), Rights Agreement (Daisytek International Corporation /De/)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than any rights of action given to vested in the Rights Agent under Section pursuant to Sections 18 hereofand 20 below, are vested in the respective registered holders of record of the Rights 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 Rights 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 Rights Right 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 or any other Person to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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. Holders of Rights shall be entitled to recover the reasonable costs and expenses, including attorneys' fees, incurred by them in any action to enforce the provisions of this Agreement.
Appears in 14 contracts
Samples: Rights Agreement (Adobe Systems Inc), Rights Agreement (Vista Information Solutions Inc), Rights Agreement (Tab Products Co)
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 Section 18 hereofpursuant to the terms of this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 11 contracts
Samples: Rights Agreement (Edwards Lifesciences Corp), Rights Agreement (Navigant Consulting Inc), Rights Agreement (Eloyalty 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 Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 11 contracts
Samples: Rights Agreement (ASTROTECH Corp), Rights Agreement, Rights Agreement (Xerium 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 pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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 10 contracts
Samples: Preferred Stock Rights Agreement (Liquid Audio Inc), Preferred Stock Rights Agreement (Sonic Innovations Inc), Preferred Stock Rights Agreement (Bea Systems 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 Rights 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), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 10 contracts
Samples: Rights Agreement (Integrated Systems Inc), Rights Agreement (Tsi International Software LTD), Rights Agreement (Large Scale Biology Corp)
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 pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Ordinary Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Ordinary Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Ordinary Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 (On Track Innovations LTD), Rights Agreement (On Track Innovations LTD), Rights Agreement (On Track Innovations LTD)
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 Section 18 hereofpursuant to the terms of this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 9 contracts
Samples: Tax Benefit Rights Agreement (Mma Capital Management, LLC), Section 382 Rights Agreement (Winland Electronics Inc), Section 382 Rights Agreement (Broadwind Energy, 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the registered holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her on such first holder’s own behalf and for his or her such first holder’s 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 or her such first holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the registered holders of Rights, it is specifically acknowledged that the registered 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Endeavor Ip, Inc.), Rights Agreement (Atossa Genetics Inc), Rights Agreement (Atossa Genetics 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 8 contracts
Samples: Rights Agreement (Caremark Rx Inc), Rights Agreement (Spacehab Inc \Wa\), Rights Agreement (Covansys 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (True North Communications Inc), Rights Agreement (Franklin Electric Co Inc), Rights Agreement (Northern Trust 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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: Rights Agreement (Mgic Investment Corp), Rights Agreement (Mgic Investment Corp), Rights Agreement (Polaris Industries Inc/Mn)
Rights of Action. All rights of action in respect of this Agreement, excepting other than 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Core Molding Technologies Inc), Tax Benefits Preservation Plan (Acacia Research Corp), Rights Agreement (Universal Technical Institute 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 this Agreementthe Company.
Appears in 6 contracts
Samples: Rights Agreement (Talos Energy Inc.), Rights Agreement (Talos Energy Inc.), Rights Agreement
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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock of the Company); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock of the Company), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock of the Company), 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 Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Five Star Quality Care Inc), Renewal Rights Agreement (Enterprise Bancorp Inc /Ma/), Rights Agreement (Lojack 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Voting Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Voting Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Voting Shares), 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 or a Principal Party to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 (Orient Express Hotels LTD), Rights Agreement (Orient Express Hotels LTD), Rights Agreement (Orient Express Hotels LTD)
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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any a Rights Certificate (or, prior to the Distribution Date, any registered holder of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, any registered holder of the shares of 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 or any other Person to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Stockholders Rights Agreement (Ctpartners Executive Search Inc.), Rights Agreement (Swift Energy Co), Rights Agreement (Swift Energy Co)
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 Section 18 hereofof this Agreement, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the shares of 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 Rights Right Certificate in the manner provided in such Rights 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Pharmacopeia Inc), Rights Agreement (Pharmacopeia Inc), Rights Agreement (Unigene Laboratories Inc)
Rights of Action. All rights of action in respect of this Rights ---------------- Agreement, excepting the other than any rights of action given to vested in the Rights Agent under Section pursuant to Sections 18 hereofand 20 below, are vested in the respective registered holders of record of the Rights 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 Rights 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 Rights Right 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 or any other Person to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 Rights Agreement. Holders of Rights shall be entitled to recover the reasonable costs and expenses, including attorneys' fees, incurred by them in any action to enforce the provisions of this Rights Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Extreme Networks Inc), Rights Agreement (Garden Fresh Restaurant Corp /De/), Rights Agreement (Extreme Networks 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the shares of 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 Rights Right Certificate in the manner provided in such Rights 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 (Tii Industries Inc), Rights Agreement (Tii Industries Inc), Rights Agreement (Elxsi Corp /De//)
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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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, of the obligations of any Person subject to to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Theratx Inc /De/), Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 5 contracts
Samples: Rights Agreement (Obagi Medical Products, Inc.), Rights Agreement (Gtsi Corp), Rights Agreement (Pac-West Telecomm 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 pursuant to Section 18 hereof21, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement. Holders of Rights shall be entitled to recover the reasonable costs and expenses, including attorneys’ fees, incurred by them in any action to enforce the provisions of this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Lodgenet Entertainment Corp), Rights Agreement (Lodgenet Interactive Corp), Rights Agreement (Medicinova Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 5 contracts
Samples: Rights Agreement (Resolute Energy Corp), Rights Agreement (Red Robin Gourmet Burgers Inc), Rights Agreement (Basic Earth Science Systems 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 5 contracts
Samples: Rights Agreement (Triad Hospitals Inc), Rights Agreement (Triad Hospitals LLC), Rights Agreement (Triad Hospitals 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the shares of Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the shares of Common Shares), 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 Corporation to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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: Shareholder Agreements, Shareholders Rights Agreement (Global Ship Lease, Inc.), Shareholders Rights Agreement (Seaspan 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), 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 Rights Right Certificate in the manner provided in such Rights 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 4 contracts
Samples: Rights Agreement (Agree Realty Corp), Rights Agreement (Walden Residential Properties Inc), Rights Agreement (Showbiz Pizza Time 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 4 contracts
Samples: Rights Agent Agreement (Colgate Palmolive Co), Rights Agreement (Osi Systems Inc), Rights Agreement (Mw Holding 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of Common Stock of the Common SharesCorporation); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common SharesCorporation), without the consent of the Rights Agent or of the any holder of any other Rights Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common Shares), Corporation) 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 Corporation to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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, of the obligations of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (New Giant CORP), Rights Agreement (Graphic Packaging Corp), Rights Agreement (Graphic Packaging Holding Co)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action that are given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Section 382 Rights Agreement (Cohen & Co Inc.), Section 382 Rights Agreement (Institutional Financial Markets, Inc.), Section 382 Rights Agreement (Institutional Financial Markets, 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 pursuant to Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 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 Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Renewed Rights Agreement (Bentley Pharmaceuticals Inc), Rights Agreement (Bentley Pharmaceuticals Inc), Renewed Rights Agreement (Bentley 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), 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 Rights Right Certificate in the manner provided in such Rights 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 underof, 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 (Firstenergy Corp), Rights Agreement (Green Mountain Power Corp), Rights Agreement (Green Mountain Power 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 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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 3 contracts
Samples: Preferred Shares Rights Agreement (Oracle Corp /De/), Preferred Shares Rights Agreement (Oratec Interventions Inc), Preferred Shares Rights Agreement (Durect 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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, under and injunctive relief against actual or threatened violations violators of, the obligations of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Natural Microsystems Corp), Rights Agreement (Innovasive Devices Inc), Rights Agreement (Natural Microsystems 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the shares of 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 Rights Right Certificate in the manner provided in such Rights 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 (Synthetech Inc), Rights Agreement (Teekay Shipping Corp), Rights Agreement (Synthetech Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under hereunder, including Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 (Huttig Building Products Inc), Rights Agreement (Hudson Global, Inc.), Rights Agreement (Hudson Global, 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 pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), 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 Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Renewed Rights Agreement (Hospitality Properties Trust), Renewed Rights Agreement (HRPT Properties Trust), Rights Agreement (Senior Housing Properties Trust)
Rights of Action. All rights of action in respect of the benefit of the Rights evidenced by 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the certificates representing Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common Shares), 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 Rights Right Certificate in the manner provided in such Rights 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, the obligations of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Adt Limited), Rights Agreement (Adt Limited), Rights Agreement (Adt Limited)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under hereunder, including Section 18 or Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his or his/her own behalf and for his or his/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 his/her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of the Rights, it is specifically acknowledged that the holders of the Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to seek specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Star Equity Holdings, Inc.), Rights Agreement (Star Equity Holdings, Inc.), Rights Agreement (Star Equity Holdings, 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 pursuant to Sections 18 hereofand 20, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Separation Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Separation Date, of the Common Shares), ) without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Separation Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Coachmen Industries Inc), Rights Agreement (Coachmen Industries Inc), Rights Agreement (Coachmen Industries 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 Section pursuant to Sections 18 hereofand 20, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her 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 or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Unicom Corp), Rights Agreement (American Shared Hospital Services), Rights Agreement (Sportsmans Guide 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 pursuant to Sections 18 hereofand 20, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, the shares of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, any shares of the Common SharesStock), may, in his or her its own behalf and for his or her its 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 or her its right to exercise the Rights evidenced by such Rights the Right Certificate in the manner provided in such Rights the 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 (CVR Energy Inc), Rights Agreement (Toreador Resources Corp), Rights Agreement (Bellsouth 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), 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 such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 (Uti Energy Corp), Rights Agreement (Ilex Oncology Inc), Rights Agreement (Prima Energy Corp)
Rights of Action. All rights of action ac- tion 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 Rights Certificates Right Cer- tificates (and, prior to the Distribution Date, the registered regis- tered holders of the Common Shares); and any registered holder hold- er of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically specifi- cally 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 obliga- tions under, and injunctive relief against actual or threatened threat- ened violations of, of the obligations of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Schering Plough Corp), Rights Agreement (Goodrich B F Co), Rights Agreement (Schering Plough 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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, of the obligations of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Sandisk Corp), Rights Agreement (Ultratech Stepper Inc), Rights Agreement (Sandisk Corp)
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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), subject to Section 7(e), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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 3 contracts
Samples: Rights Agreement (Xionics Document Technologies Inc), Rights Agreement (Xionics Document Technologies Inc), Rights Agreement (Uromed Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under hereunder, including Section 18 or Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his or his/her own behalf and for his or his/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 his/her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of the Rights, it is specifically acknowledged that the holders of the 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, of the obligations of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (P10, Inc.), Rights Agreement (P10, Inc.), Rights Agreement (Hudson Global, 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 pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of Common Stock of the Common SharesCompany); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common Shares), Company) 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 Rights Right Certificate in the manner provided in such Rights 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, of the obligations of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Phoenix Companies Inc/De), Rights Agreement (Hancock John Financial Services Inc), Rights Agreement (Chrysler Corp /De)
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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (PHH Corp), Rights Agreement (PHH 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 Rights Right -- Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Trust to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 (Columbus Realty Trust), Rights Agreement (Columbus Realty 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 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), 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 Rights Right Certificate in the manner provided in such Rights 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 (Inamed Corp), Rights Agreement (Inamed 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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, of the obligations of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Sandisk Corp), Rights Agreement (Sandisk 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 Rights Right Certificates (and, prior to the Distribution Separation Date, the registered regis tered holders of the any certificate representing Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Separation Date, of the any other certificate representing Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Separation Date, of the Common Shares), 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 Rights Right Certificate in the manner provided in such Rights 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 (Chic by H I S Inc), Rights Agreement (Chic by H I S 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 (Journal Register Co), Rights Agreement (Us Bancorp \De\)
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 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Comp and to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 of 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 (Asure Software Inc), Rights Agreement (Asure 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 Rights 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), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 (Intuit Inc), Rights Agreement (Large Scale Biology 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company in respect of which Rights have been issued); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the such Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the such Common Shares), may, in on 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 Rights Right Certificate in the manner provided in such Rights 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 (Modine Manufacturing Co), Rights Agreement (Modine Manufacturing Co)
Rights of Action. All rights of action ac- tion 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any -28- registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Right Certificate in the manner provided in such Rights 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 (Westvaco Corp), Rights Agreement (Westvaco Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than any rights of action given to vested in the Rights Agent under Section pursuant to Sections 18 hereofand 20 below, are vested in the respective registered holders of record of the Rights 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 Rights 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 Rights Right 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 or any other Person to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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.. Holders of Rights shall be
Appears in 2 contracts
Samples: Rights Agreement (Verity Inc \De\), Rights Agreement (Verity 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 17 and 19, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, the shares of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, any shares of the Common SharesStock), may, in his or her its own behalf and for his or her its 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 or her its right to exercise the Rights evidenced by such Rights the Right Certificate in the manner provided in such Rights the 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 2 contracts
Samples: Section 382 Tax Benefits Preservation Plan (Sito Mobile, Ltd.), Tax Benefits Preservation Plan (Support.com, 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), 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 Rights Right Certificate in the manner provided in such Rights 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 (Louisiana-Pacific Corp), Rights Agreement (Louisiana-Pacific 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 Section in Sections 18 and 20 hereof, are vested in the respective registered holders of the 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 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in on 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 Rights Certificate in the manner provided in such Rights 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 (GigOptix, Inc.), Rights Agreement (GigOptix, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.), Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.)
Rights of Action. All rights of action ac- tion 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 Rights Certificates Right Cer- tificates (and, prior to the Distribution Date, the registered regis- tered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Distribu- tion Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any -29- remedies available to the holders of Rights, it is specifically specifi- cally 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 obliga- tions under, and injunctive relief against actual or threatened threat- ened violations of, of the obligations of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Stride Rite Corp), Rights Agreement (Stride Rite Corp)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting the other than any rights of action given to vested in the Rights Agent under Section pursuant to Sections 18 hereofand 20 below, are vested in the respective registered holders of record of the Rights 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 Rights 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 Rights Right 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 or any other Person to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 Rights Agreement. Holders of Rights shall be entitled to recover the reasonable costs and expenses, including attorneys' fees, incurred by them in any action to enforce the provisions of this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (American Residential Investment Trust Inc), Rights Agreement (American Residential Investment Trust Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except for the rights of action that are given to the Rights Agent under hereunder, including Section 18 or Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her on such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of the Rights, it is specifically acknowledged that the holders of the 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Pico Holdings Inc /New), Section 382 Rights Agreement (Pico Holdings Inc /New)
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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, 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 such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 (Software Publishing Corp Holdings Inc), Rights Agreement (Software Publishing Corp 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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, of the obligations of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Half Robert International Inc /De/), Rights Agreement (Half Robert International Inc /De/)
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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such Rights 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: Preferred Shares Rights Agreement (Cyberonics Inc), Preferred Shares Rights Agreement (Vivus 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 pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), 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 Rights Certificate in the manner provided in such 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, of the obligations obliga tions hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Hospitality Properties Trust), Rights Agreement (Hospitality Properties Trust)
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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the shares of 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 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 Rights Right Certificate in the manner provided in such Rights 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 (Sheervision, Inc.), Rights Agreement (Synovics Pharmaceuticals)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 (Capital Gold Corp), Rights Agreement (Hercules 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 Section 18 hereofpursuant to the terms of this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Imc Global Inc), Rights Agreement (Vesta Insurance 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 and Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the certificates representing Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing 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 Rights Right Certificate in the manner provided in such Rights 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 by the Company of the obligations of, the obligations of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Houston Wire & Cable CO), Rights Agreement (Interline Brands, Inc./De)
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 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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 hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Colonial Properties Trust), Rights Agreement (Colonial Properties 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 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 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 subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Peoples Heritage Financial Group Inc), Rights Agreement (Banknorth Group Inc/Me)
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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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, of the obligations of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel 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 and Section 19 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesEligible Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesEligible Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesEligible Stock), 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 Rights Certificate in the manner provided in such 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 hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Regent Communications Inc), Rights Agreement (Xm Satellite Radio 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, Agreement are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares and the registered holders of the Class B Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of any of the Common Shares and/or Class B Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of any of the Common Shares and/or Class B Shares), 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 Rights Right Certificate in the manner provided in such Rights 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 (Chindex International Inc), Rights Agreement (Chindex International Inc)
Rights of Action. All rights of action in respect of the benefits of the Rights evidenced by 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of certificates representing the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of any certificate representing of the Common Shares), 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 Rights Certificate in the manner provided in such 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, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Trenwick Group LTD), Rights Agreement (Trenwick Group LTD)
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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common Shares)Stock, 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 Rights Right Certificate in the manner provided in such Rights 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 (Perma Fix Environmental Services Inc), Renewed Rights Agreement (LSB Industries Inc)
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 pursuant to Section 18 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate Right (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate Right (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her 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 or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in this Agreement or in any Right Certificate of which such Rights Certificate and in this Agreementholder is the registered holder. 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 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, Rights Agreement (3d Systems Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting other than 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Corn Products International Inc), Rights Agreement (Corn Products 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 (Otter Tail Power Co), Rights Agreement (Efunds 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 Section 18 hereofpursuant to the terms of this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution DateTime, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution DateTime, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution DateTime, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her such holder’s 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 or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Lubys Inc), Rights Agreement (Inspired Entertainment, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than any rights of action given to vested in the Rights Agent under Section pursuant to Sections 18 hereofand 20 below, are vested in the respective registered holders of record of the Rights 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 Rights 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 Rights Right 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 or any other Person to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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.. Holders of Rights shall be entitled to recover the reasonable costs and expenses, including attorneys' fees, incurred by them in any action to enforce the provisions of this Agreement. 25
Appears in 1 contract
Samples: Rights Agreement (Jni 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 1 contract
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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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, of the obligations of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (P-Com 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 Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without With- out 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 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 1 contract
Samples: Agreement and Plan of Merger (Phillips Petroleum Co)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under pursuant to Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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 1 contract
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 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Rights Certificate in the manner provided in such 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 may not have an adequate remedy at law for any breach of this Agreement and will be entitled to seek 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 1 contract
Samples: Preferred Shares Rights Agreement (Data Critical 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 Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); , and any registered holder of any 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 Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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, of his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 1 contract
Samples: Rights Agreement (Vidamed 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 hereofthis Agreement, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights 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 Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her 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 or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights 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 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 1 contract
