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 (Valspar Corp), Rights Agreement (Chronimed 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 (Duratek Inc), Rights Agreement (Arbitron Inc), Rights Agreement (On Assignment 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 18 contracts
Samples: Rights Agreement (American Medical Security Group Inc), Rights Agreement (Clark/Bardes Holdings Inc), Rights Agreement (Fruit of the Loom Inc /De/)
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 16 contracts
Samples: Rights Agreement (Solitron Devices Inc), Rights Agreement (Longview Fibre Co), Rights Agreement (Eagle Financial 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 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 (Wabash National Corp /De), Rights Agreement (Shenandoah Telecommunications Co/Va/)
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.), 382 Rights Agreement (Horizon Lines, Inc.), Stockholder Rights Agreement (Core Molding 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 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 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 (Vistacare, 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 10 contracts
Samples: Rights Agreement (Equifax Inc), Rights Agreement (FRP Properties Inc), Rights Agreement (Hughes Supply 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 Agreement (Medimmune Inc /De), Rights Agreement (Medimmune Inc /De)
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 (Arv Assisted Living Inc), Rights Agreement (Scpie Holdings Inc), Rights Agreement (Arv Assisted Living 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 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 (Midas Group Inc), Rights Agreement (St Joseph Light & Power 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 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 7 contracts
Samples: Preferred Stock Rights Agreement (Centillium Communications Inc), Preferred Stock Rights Agreement (Fei Co), Preferred Stock Rights Agreement (Fei 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 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 7 contracts
Samples: Rights Agreement (Jason Industries, Inc.), Rights Agreement (Jason Industries, Inc.), Rights Agreement (Hanger, 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. (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 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common Stock); and any registered holder of any Rights 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 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 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 6 contracts
Samples: Rights Agreement (Comverse, Inc.), Rights Agreement (Abraxas Petroleum Corp), Rights Agreement (Ryland 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 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 of, the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Renewed Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme 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 5 contracts
Samples: Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties 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 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 (Esco Electronics Corp), 1998 Rights Agreement (Emerson Electric Co), Rights Agreement (Harmon Industries Inc)
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 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, Rights Agreement (Southwest Airlines Co), Rights Agreement
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 (Pyr Energy Corp), Rights Agreement (Warren 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 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 and may 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 5 contracts
Samples: Rights Agreement (Lasersight Inc /De), Rights Agreement (Salton Inc), Rights Agreement (Harvard 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 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 (Bluegreen Corp), Esmark Incorporated (Esmark 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 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 (Southwest Water Co), Rights Agreement (Keystone Automotive Industries Inc), Rights Agreement (Tivo 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 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), Rights Agreement (LNB Bancorp 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 (Marcam Solutions Inc), Rights Agreement (Marcam Solutions Inc), Rights Agreement (Mapics 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 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 (News 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 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 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), Rights Agreement (TSR Inc)
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 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 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 4 contracts
Samples: Preferred Stock Rights Agreement (Resonate Inc), Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Genesis Microchip 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 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 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 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 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 3 contracts
Samples: Rights Agreement (Career Education Corp), Rights Agreement (Zebra Technologies Corp/De), Rights Agreement (Zebra Technologies Corp/De)
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 (Assisted Living Concepts Inc), Rights Agreement (Sunrise Medical Inc)
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 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 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 (Continental Airlines Inc /De/), Rights Agreement (Expressjet Holdings 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 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 (CepTor CORP), Rights Agreement (Ramp Corp), Rights Agreement (Ramp 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.
Appears in 3 contracts
Samples: Rights Agreement (Chrysler Corp /De), Rights Agreement (Hancock John Financial Services Inc), Rights Agreement (Phoenix Companies Inc/De)
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.
Appears in 3 contracts
Samples: Rights Agreement (Kellstrom Industries Inc), Agreement (Emisphere Technologies Inc), 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, 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: Tronox Incorporated and Umb (Tronox Inc), Rights Agreement (Freescale Semiconductor Inc), Freescale Semiconductor 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 (Syniverse Holdings Inc), Rights Agreement (Bairnco Corp /De/), Rights Agreement (Domtar CORP)
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 (Pharmacyclics Inc), Rights Agreement (Idec Pharmaceuticals 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 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 3 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 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 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 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 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 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 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 (Quest Medical Inc), Rights Agreement (Arkansas Best 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 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 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 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. (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 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 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 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 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: Rights Agreement (Quixote Corp), Rights Agreement (Lear 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 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 Agreement (Analysts 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 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 Agreement (La Jolla Fresh Squeezed Coffee Co Inc), Rights Agreement (Microsemi 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 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 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 (Bindview Development Corp), Rights Agreement (Meridian Resource 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 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 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 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 2 contracts
Samples: Rights Agreement (Amerco /Nv/), Rights Agreement (Amerco /Nv/)
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 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 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 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 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 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 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 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 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: Velodyne Lidar, Inc., Tax Benefits Preservation Plan (Emcore 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 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 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 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 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 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 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 (Fuller H B Co), Rights Agreement (Hickory Tech 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 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 22-RIGHTS AGREEMENT 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 1 contract
Samples: Rights Agreement (Flir Systems 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 1 contract
Samples: Rights Agreement (Northwest Pipe Co)
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, 19 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 of the Company); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock)and, without the consent of the Rights Agent or of the holder of any other Rights Certificate Rights, any registered holder of any Right Certificates (orand, prior to the Distribution Date, the registered holders of the Common Stock), Shares) 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 proceeding, judicial or otherwise, against the Company to enforce, or otherwise to act in respect of, such holder’s 's right to exercise the such Rights evidenced by such Rights Right Certificate in the manner provided in such Rights the Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and 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 1 contract
Samples: Rights Agreement (Brown Tom 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 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 28 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 1 contract
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 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 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 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 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 1 contract
Rights of Action. All rights of action in respect of this Agreement, except other than 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 1 contract
Samples: Rights Agreement (Ensign Group, 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 subject to (including, without limitation, the Company) contained in 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 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 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 RightsRights or beneficial interests therein, it is specifically acknowledged that the holders of Rights or beneficial interests therein 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 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 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 of, the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Nisource 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 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 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
Samples: Rights Agreement (Nn 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 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 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 and will be entitled to injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Rights Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, except the those rights of action that are given to vested in the Rights Agent under pursuant to Section 18 hereof21, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common 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 (including, without limitation, the Company). 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 1 contract
Samples: Rights Agreement (Techwell 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 or any other Person 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 valid injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Crown Crafts 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 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 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 1 contract
Samples: Rights Agreement (Usw-C 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 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 Agreementthe Company.
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 Sections 18 hereofand 20 hereunder, 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 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 1 contract
