Rights of Action. All rights of action in respect of this Agreement, 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s own behalf and for 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, 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 25 contracts
Samples: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (Drive Shack Inc.), Section 382 Rights Agreement (TiVo Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s 's own behalf and for such holder’s '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, such holder’s '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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 22 contracts
Samples: Rights Agreement (C H Robinson Worldwide Inc), Rights Agreement (Cyberoptics Corp), Rights Plan Agreement (Medgenesis Inc)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 19 contracts
Samples: Rights Agreement (On Assignment Inc), Rights Agreement (Duratek Inc), Rights Agreement (Answerthink Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in on such holder’s own behalf and for 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, 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 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 and, accordingly, shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 12 contracts
Samples: Rights Agreement (Tabula Rasa HealthCare, Inc.), Tax Benefit Preservation Plan (Fitlife Brands, Inc.), Rights Agreement (Inmune Bio, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such the holder’s own behalf and for such the 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, such the 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 12 contracts
Samples: Rights Agreement (Iconix Brand Group, Inc.), Rights Agreement (Horizon Lines, Inc.), Rights Agreement (Solutia Inc)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 12 contracts
Samples: Rights Agreement (White Mountain Titanium Corp), Rights Agreement (Shenandoah Telecommunications Co/Va/), Rights Agreement (Double-Take Software, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, may in such holder’s his own behalf and for such holder’s his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate or Common Share 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 shall be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 11 contracts
Samples: Rights Agreement (FRP Properties Inc), Rights Agreement (Florida Rock Industries Inc), Rights Agreement (Netbank Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except the for rights of action that are given to the Rights Agent under 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 Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in such holder’s 's own behalf and for such holder’s '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, such holder’s '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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder 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 10 contracts
Samples: Rights Agreement (Butler National Corp), Rights Agreement (Sigma Aldrich Corp), Rights Agreement (DHB Industries Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s own behalf and for 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, 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 9 contracts
Samples: Rights Agreement (Petmed Express Inc), Rights Agreement (Petmed Express Inc), Rights Agreement (Jason Industries, Inc.)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are given to the Rights Agent under in Section 18 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 Stock); and any registered holder of record of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Saks Inc), Rights Agreement (Medimmune Inc /De), Rights Agreement (Zymetx Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Rights Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Rights Agreement, or otherwise enforce or act in respect of, such holder’s of his 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 shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Rights Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Resmed Inc), Rights Agreement (Beverly Enterprises Inc), Rights Agreement (Thompson Pbe Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, 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: Preferred Shares Rights Agreement (Red Lion Hotels CORP), Preferred Shares Rights Agreement (Pumatech Inc), Preferred Shares Rights Agreement (Oracle Corp)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Midas Inc), Rights Agreement (St Joseph Light & Power Co), Rights Agreement (Midas Group Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, 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: Preferred Stock Rights Agreement (Fei Co), Preferred Stock Rights Agreement (Internap Network Services Corp), Preferred Stock Rights Agreement (ABX Holdings, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Hawk Corp), Rights Agreement (Hawk Corp), Rights Agreement (Cigna Corp)
Rights of Action. All rights of action in respect of this Agreement, except for the rights of action that are given to 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 Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced represented 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 shall will be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Shareholder Rights Agreement (Mack Cali Realty Corp), Shareholder Rights Agreement (Philips International Realty Corp), Shareholder Rights Agreement (Mack Cali Realty L P)
Rights of Action. All rights of action in respect of this Agreement, except other than the rights of action that are given to vested in the Rights Agent under pursuant to 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 Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, any holder of the Common Stock), may, in such holder’s on his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Fleetboston Financial Corp), Rights Agreement (Fleetboston Financial Corp), Rights Agreement (Southwestern Energy Co)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, 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 (CBL & Associates Properties Inc), Rights Agreement (Planetcad Inc), Rights Agreement (CBL & Associates Properties Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Stock); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in on such first holder’s own behalf and for 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, 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Mullen Automotive Inc.), Rights Agreement, Rights Agreement (Silverbow Resources, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s own behalf and for 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, 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (SemGroup Corp), Rights Agreement (Esmark INC), Rights Agreement (John Bean Technologies CORP)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are actions 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder under, 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 (Harvest Natural Resources, Inc.), Rights Agreement (Harvest Natural Resources Inc), Rights Agreement (Harvest Natural Resources Inc)
Rights of Action. All rights of action in respect of this Agreement, 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Chembio Diagnostics, Inc.), Rights Agreement (Warren Resources Inc), Rights Agreement (Double Eagle Petroleum Co)
Rights of Action. All rights of action in respect of this Rights Agreement, except the for rights of action that are given to the Rights Agent under 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 Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in such holder’s 's own behalf and for such holder’s '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, such holder’s '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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement. Holders of Rights shall be entitled to recover from the Company 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 (Harmon Industries Inc), Rights Agreement (Ns Group Inc), Rights Agreement (Esco Electronics Corp)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s own behalf and for 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, 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 by the Company and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreementthe Company.
Appears in 5 contracts
Samples: Rights Agreement (Southwest Airlines Co), Rights Agreement, Rights Agreement
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Shareholder Rights Agreement (Sunlink Health Systems Inc), Shareholder Rights Agreement (Sunlink Health Systems Inc), Shareholder Rights Agreement (Sunlink Health Systems Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the 24 - RIGHTS AGREEMENT obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Rights Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Oregon Metallurgical Corp), Rights Agreement (Oregon Metallurgical Corp), Rights Agreement (Oregon Metallurgical Corp)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such the holder’s own behalf and for such the 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, such the 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of by any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement, Rights Agreement (Borland Software Corp), Rights Agreement (4 Kids Entertainment Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofand Section 20, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such the holder’s own behalf and for such the 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, such the 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (News Corp), Rights Agreement (News Corp), Rights Agreement (New Newscorp LLC)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are given to the Rights Agent under in 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 record of the Common Stock); and any registered holder of record of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder’s his, her or its 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement.
Appears in 4 contracts
Samples: Rights Agreement (TSR Inc), Rights Agreement (TSR Inc), Settlement Agreement (TSR Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, such holder’s of his 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 shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Tivo Inc), Rights Agreement (Southwest Water Co), Rights Agreement (Keystone Automotive Industries Inc)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in the Rights Agent under in 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 StockCompany Securities); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockCompany Securities), 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 StockCompany Securities), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Mapics Inc), Rights Agreement (Marcam Solutions Inc), Rights Agreement (Marcam Solutions Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, may in such holder’s his own behalf and for such holder’s his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate or Common Share 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 shall be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Equifax Ps Inc), Rights Agreement (Certegy Inc), Rights Agreement (Choicepoint Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such the holder’s 's own behalf and for such the holder’s '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, such the holder’s '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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Avid Technology, Inc.), Rights Agreement (Jakks Pacific Inc), Rights Agreement (Jakks Pacific Inc)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereofany section 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s own behalf and for 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, 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 by the Company and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreementthe Company.
Appears in 4 contracts
Samples: Tax Benefits Preservation Plan (Ascena Retail Group, Inc.), Preferred Stock Rights Agreement, Preferred Stock Rights Agreement (Vivus Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s own behalf and for 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, 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations by the Company of the its obligations hereunder of any Person subject to this Agreementhereunder.
Appears in 4 contracts
Samples: Rights Agreement (ASA Gold & Precious Metals LTD), Rights Agreement (ASA Gold & Precious Metals LTD), Rights Agreement (ASA Gold & Precious Metals LTD)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such on the holder’s own behalf and for such the 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, such the 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (American Apparel, Inc), Rights Agreement (American Apparel, Inc), Rights Agreement (American Apparel, Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Stock); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in on such first holder’s own behalf and for 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, 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 by the Company and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations by the Company of the its obligations hereunder of any Person subject to this Agreementhereunder.
Appears in 3 contracts
Samples: Rights Agreement (Barnes & Noble Education, Inc.), Rights Agreement, Rights Agreement (Commercial Vehicle Group, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s 's own behalf and for such holder’s '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, such holder’s '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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Energy Partners LTD), Rights Agreement (Patina Oil & Gas Corp), Rights Agreement (Patina Oil & Gas Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock)Shares) may, 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 StockShares), may, in such holder’s on his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Expressjet Holdings Inc), Rights Agreement (Expressjet Holdings Inc), Rights Agreement (Continental Airlines Inc /De/)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to the Rights Agent under Section Sections 18 through 21 inclusive hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Ramp Corp), Rights Agreement (Ramp Corp), Rights Agreement (CepTor CORP)
Rights of Action. (a) All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
(b) Any holder of Rights who prevails in an action to enforce the provisions of this Agreement shall be entitled to recover the reasonable costs and expenses, including attorneys' fees, incurred in such action.
Appears in 3 contracts
Samples: Rights Agreement (Kellstrom Industries Inc), Rights Agreement (Emisphere Technologies Inc), Rights Agreement (Emisphere Technologies Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (NNG Inc), Rights Agreement (Northrop Grumman Corp), Rights Agreement (Northrop Grumman Corp)
Rights of Action. All rights of action in respect of this Agreement, except the those rights of action that are given to expressly vested in the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s 's own behalf and for such holder’s '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, such holder’s '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 by the Company of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations by the Company 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 3 contracts
Samples: Rights Agreement (Fiberstars Inc /Ca/), Rights Agreement (Fiberstars Inc /Ca/), Rights Agreement (California Micro Devices Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofherein, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise act in respect of, of 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Rent a Center Inc De), Rights Agreement (Rent a Center Inc De), Rights Agreement (Kindred Biosciences, Inc.)
Rights of Action. All rights of action in respect of to this Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s 's own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect ofto, such holder’s '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 shall will be entitled to specific performance of the obligations hereunder hereunder, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Pharmacyclics Inc), Rights Agreement (Idec Pharmaceuticals Corp / De), Rights Agreement (Pharmacyclics Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in on such holder’s own behalf and for 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, 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 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 by the Company and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder by the Company of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Tempur Sealy International, Inc.), Rights Agreement (Tempur Sealy International, Inc.), Rights Agreement (Support.com, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to vested in the Rights Agent under pursuant to 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 Common Stock of the Common StockCompany); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common StockCompany), 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 Stock), Company) may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Domtar CORP), Rights Agreement (Bairnco Corp /De/), Rights Agreement (Syniverse Holdings Inc)
Rights of Action. All rights of action in respect of ---------------- this Rights Agreement, except the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Rights Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Rights Agreement, or otherwise enforce or act in respect of, such holder’s of his 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 shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Rights Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Amgen Inc), Rights Agreement (Sunrise Medical Inc), Rights Agreement (Assisted Living Concepts Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 StockUnits); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockUnits), 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 StockUnits), may, in such holder’s his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Partnership to enforce, or otherwise act in respect of, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, 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: Unit Purchase Rights Agreement (Star Gas Partners Lp), Unit Purchase Rights Agreement (Star Gas Partners Lp), Unit Purchase Rights Agreement (Star Gas Partners Lp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the any Common StockShare), 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 StockShares), may, in such holder’s 's own behalf and for such holder’s '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, such holder’s 's right to exercise the Rights evidenced by such Rights Right Certificate (or, prior to the Distribution Date, the Common Shares 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Shareholder Rights Agreement (Fortitude Gold Corp), Shareholder Rights Agreement (Cel Sci Corp), Shareholder Rights Agreement
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in 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 shares of Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common Stock), 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Pharmacopeia Drug Discovery Inc), Rights Agreement (Pharmacopeia Drug Discovery Inc), Rights Agreement (Intersil Corp/De)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Rights Distribution Date, the registered holders of the Common StockShares); , and any registered holder of any Rights Right Certificate (or, prior to the Rights Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Rights Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s of his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Preferred Share Purchase Rights Agreement (Crescent Operating Inc), Preferred Share Purchase Rights Agreement (Crescent Operating Inc), Preferred Share Purchase Rights Agreement (Crescent Operating Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under and injunctive relief against actual or threatened violations of violators of, the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Micrion Corp /Ma/), Rights Agreement (Friendly Ice Cream Corp), Rights Agreement (Ardent Software Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, hereunder and are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s own behalf and for 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, 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 shall will be entitled to specific performance of the obligations hereunder by the Company under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Tronox Inc), Rights Agreement (Freescale Semiconductor Inc), Rights Agreement (Freescale Semiconductor Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in on such holder’s own behalf and for 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, 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 by the Company, and shall will be entitled to specific performance of the obligations hereunder hereunder, and injunctive relief against actual or threatened violations by the Company of the its obligations hereunder of any Person subject to this Agreementhereunder.
Appears in 3 contracts
Samples: Section 382 Rights Agreement (Lumen Technologies, Inc.), Section 382 Rights Agreement (Lumen Technologies, Inc.), Section 382 Rights Agreement
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his or her own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, enforce or otherwise act in respect of, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, 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 (Analysts International Corp), Rights Agreement (Analysts International Corp)
Rights of Action. All rights of action in respect of this Agreement, 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s own behalf and for 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, 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 by the Company and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreementthe Company.
Appears in 2 contracts
Samples: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (Forestar Group Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofany section 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such on the holder’s own behalf and for such the 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, such the 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 shall be entitled to specific performance of the obligations hereunder 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 (A & B II, Inc.), Rights Agreement (Alexander & Baldwin Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofand Section 20, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockOrdinary Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockOrdinary 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 StockOrdinary Shares), may, in such holder’s its own behalf and for such holder’s its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s its 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 shall be entitled to specific performance of the obligations hereunder 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 (Sina Corp), Rights Agreement (Sina Corp)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to those vested in the Rights Agent under pursuant to Section 18 hereof2, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any . Any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in such holder’s 's own behalf and for such holder’s '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, such holder’s '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 and subject to any limitations set forth in such Right Certificates 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.of
Appears in 2 contracts
Samples: Rights Agreement (Kaydon Corp), Rights Agreement (Kaydon Corp)
Rights of Action. All rights of action in respect of ---------------- this Agreement, except the rights of action that are 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, 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 (Cordis Corp), Rights Agreement (Cordis Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofand Section 20, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, may in such holder’s his own behalf and for such holder’s his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 and shall be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations by the Company of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Del Global Technologies Corp), Rights Agreement (Del Global Technologies Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 Common Stock); Shares) and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Biogen Inc), Rights Agreement (America Online Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except the other than rights of action that are given to vested in the Rights Agent under in 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 StockCompany Securities); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockCompany Securities), 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 StockCompany Securities), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder 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 (Marcam Corp), Rights Agreement (Marcam Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (WTD Industries Inc), Rights Agreement (Ostex International Inc /Wa/)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Internet America Inc), Rights Agreement (Internet America Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are given to the Rights Agent under in 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 record of the Common Capital Stock); and any registered holder of record of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Capital Stock), 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 Capital Stock), may, in such holder’s on his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Iparty Corp), Rights Agreement (Iparty Corp)
Rights of Action. All rights of action in ________________ respect of this Agreement, except the other than rights of action that are 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Gibson Greetings Inc), Rights Agreement (Gibson Greetings Inc)
Rights of Action. All rights of action in respect of ---------------- this Agreement, except the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, such holder’s of his 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 shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Catellus Development Corp), Rights Agreement (Kilroy Realty Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the any Common StockShares), 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 Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, such holder’s of his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Pep Boys Manny Moe & Jack), Rights Agreement (Pep Boys Manny Moe & Jack)
Rights of Action. All rights of action in respect of this Agreement, 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such the holder’s own behalf and for such the 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, such the 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Tax Benefits Preservation Plan (Velodyne Lidar, Inc.), Tax Benefits Preservation Plan (Emcore Corp)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to 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 Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s its own behalf and for such holder’s its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s '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 shall will be entitled to specific performance of the obligations hereunder under, 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 (Arkansas Best Corp /De/), Rights Agreement (Quest Medical Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Carey International Inc), Rights Agreement (Nabi /De/)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, may in such holder’s his/her own behalf and for such holder’s his/her own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s 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 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 shall will be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Stockholder Rights Agreement (Cumulus Media Inc), Tax Asset Preservation Plan (WeWork Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 before the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to before the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to before the Distribution Date, of the Common StockShares), may, in such holder’s own behalf and for 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, 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Autoscope Technologies Corp), Rights Agreement (Image Sensing Systems Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except the other than rights of action that are 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder 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 (Solitron Devices Inc), Rights Agreement (Armco Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are given to the Rights Agent under in 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 record of the Common Stock); and any registered holder of record of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Resortquest International Inc), Rights Agreement (Resortquest International Inc)
Rights of Action. All rights of action ---------------- in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (WPS Resources Corp), Rights Agreement (Interstate Energy Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s '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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Meridian Resource Corp), Rights Agreement (Bindview Development Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 29 33 any Common StockShares), may, may in such holder’s his own behalf and for such holder’s his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under this Agreement, 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 (Chrysalis International Corp), Rights Agreement (Chrysalis International Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in on such holder’s own behalf and for 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, 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 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 shall be entitled to specific performance of the obligations hereunder 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 (StealthGas Inc.), Rights Agreement (Qualstar Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 by the Company of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of by the Company of, the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Preferred Shares Rights Agreement (Looksmart LTD), Preferred Shares Rights Agreement (Artes Medical Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder and under, valid injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Abc Bancorp), Rights Agreement (Abc Bancorp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, 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: Preferred Stock Rights Agreement (Epicor Software Corp), Preferred Stock Rights Agreement (Epicor Software Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s its own behalf and for such holder’s its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s its 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Zebra Technologies Corp/De), Rights Agreement (Career Education Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Criimi Mae Inc), Rights Agreement (Criimi Mae Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s own behalf and for 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, 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 shall by the Company will be entitled to specific performance of the obligations hereunder hereunder, and injunctive relief against actual or threatened violations by the Company of the obligations hereunder of any Person (including, without limitation, the Company) subject to to, this Agreement.
Appears in 2 contracts
Samples: Section 382 Rights Agreement (Centurylink, Inc), Section 382 Rights Agreement (Centurylink, Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Briggs & Stratton Corp), Rights Agreement (Briggs & Stratton Corp)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s 's own behalf and for such holder’s '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, such holder’s '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 by the Company of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations by the Company of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Haggar Corp), Rights Agreement (Haggar Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 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 Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in such holder’s on his own behalf and for such holder’s his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s to his right to exercise the Rights evidenced by such Rights Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided in such Rights Certificate therein 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 shall will be entitled to specific performance of the obligations hereunder under, 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 (Dallas Semiconductor Corp), Rights Agreement (Hallwood Energy Corp)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are 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 StockCompany); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common StockCompany), 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 Stock), Company) may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.of
Appears in 2 contracts
Samples: Rights Agreement (Chrysler Corp /De), Rights Agreement (Chrysler Corp /De)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockOrdinary Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockOrdinary 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 StockOrdinary Shares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Ace LTD), Rights Agreement (Ace LTD)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s its own behalf and for such holder’s its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s its 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Novamed Eyecare Inc), Rights Agreement (Commercial Intertech Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 shares of Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, any registered holder of the shares of Common Stock), without the consent of the Rights Agent or of the registered holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the registered holder of shares of Common Stock), may, in such holder’s own behalf and for such holder’s own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 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 shall will be entitled to specific performance of the obligations hereunder under this Agreement, 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 (Sherwin Williams Co), Rights Agreement (Sherwin Williams Co)
Rights of Action. All rights of action in respect of this ---------------- Agreement, 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, such holder’s of his 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 shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Varco International Inc /De/), Rights Agreement (Varco International Inc /De/)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s own behalf and for 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, 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Hickory Tech Corp), Rights Agreement (Fuller H B Co)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are 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 Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common 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 Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Shareholder Rights Plan (La Jolla Fresh Squeezed Coffee Co Inc), Rights Agreement (Microsemi Corp)
Rights of Action. All rights of action in respect of this Rights Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against against, actual or threatened violations of the obligations hereunder of any Person subject to to, this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Championship Auto Racing Teams Inc), Rights Agreement (Championship Auto Racing Teams Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, except excepting 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 StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), may, in such holder’s his or her own behalf and for such holder’s 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, such holder’s 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 shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.of
Appears in 1 contract
