Common use of Rights of Action Clause in Contracts

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares 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 represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 32 contracts

Samples: Rights Agreement (Giga Tronics Inc), Rights Agreement (Giga Tronics Inc), Rights Agreement (Computer Sciences Corp)

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Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and (and, prior to the Distribution Date, the registered holders of certificates for representing Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such any certificate for representing Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or (or, prior to the Distribution Date, of any other certificate for representing Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violations, violations of the obligations of of, any Person under subject to this Agreement.

Appears in 31 contracts

Samples: Rights Agreement (Usa Technologies Inc), Agreement (Kona Grill Inc), Rights Agreement (Wits Basin Precious Minerals Inc)

Rights of Action. (a) All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Shares); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performanceperformance of the obligations of any Person under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Rights Agreement.

Appears in 28 contracts

Samples: Rights Agreement (Regenerx Biopharmaceuticals Inc), Rights Agreement (Owens & Minor Inc/Va/), Rights Agreement (Caci International Inc /De/)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock in respect of which Rights have been issued); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of such Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 25 contracts

Samples: Rights Agreement (Codorus Valley Bancorp Inc), Rights Agreement (Tredegar Corp), Rights Agreement (Union National Financial Corp / Pa)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and (and, prior to the Distribution Date, the registered holders of certificates for representing Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such any certificate for representing Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or (or, prior to the Distribution Date, of any other certificate for representing Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Agreement.

Appears in 21 contracts

Samples: Rights Agreement (Florida East Coast Industries Inc), Rights Agreement (Florida East Coast Industries, Inc.), Rights Agreement (Bnccorp Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates (and certificates for prior to the Distribution Date, the registered holders of the Common Shares representing RightsStock), and any registered holder of any Right Certificate or (or, prior to the Distribution Date, any registered holder of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or (or, prior to the Distribution Date, any other certificate for registered holder of the Common Shares Stock), may, in such holder's on his own behalf and for such holder's his own benefit, enforce, and may institute and maintain 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Agreement.

Appears in 13 contracts

Samples: Rights Agreement (Southwest Gas Corp), First Amended Rights Agreement (Wynns International Inc), Rights Agreement (Advanced Marketing Services Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement and subject to the limitations set forth in such Right Certificates and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violationsviolations of, of the obligations of any Person under subject to this Agreement.

Appears in 9 contracts

Samples: Rights Agreement (Nathans Famous Inc), Rights Agreement (Nathans Famous Inc), Rights Agreement (Nathans Famous Inc)

Rights of Action. All rights of action in respect of this ---------------- Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares 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 represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 8 contracts

Samples: Rights Agreement (Maxwell Shoe Co Inc), Rights Agreement (Maxwell Shoe Co Inc), Rights Agreement (Standard Pacific Corp /De/)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 8 contracts

Samples: Rights Agreement (Advanta Corp), Rights Agreement (Frontline Capital Group), Shareholder Rights Agreement (Span America Medical Systems Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares 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 represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 7 contracts

Samples: Rights Agreement (Interactive Health, Inc.), Rights Agreement (Aremissoft Corp /De/), Rights Agreement (CalAmp Corp.)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Rights Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Rights Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Rights Distribution Date, of the Common Shares Stock), may, in such holder's his or her own behalf and for such holder's his or her own benefit, enforce, enforce and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's his or her right to exercise the Rights represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under person subject to this Agreement.

Appears in 7 contracts

Samples: Rights Agreement (WMS Hotel Corp), Rights Agreement (Midway Games Inc), Rights Agreement (Midway Games Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, ---------------- Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 7 contracts

Samples: Rights Agreement (Bi Inc), Rights Agreement (Cellstar Corp), Rights Agreement (Ametek Aerospace Products Inc)

Rights of Action. (a) All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Shares); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performanceperformance of the obligations of any Person under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Rights Agreement.

Appears in 6 contracts

Samples: Rights Agreement (Polaroid Corp), Rights Agreement (Polaroid Corp), Rights Agreement (Polaroid Corp)

Rights of Action. (a) All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights(and, prior to the Distribution Date, the registered holders of the Capital Shares); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for Common the Capital Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares (or, prior to the Distribution Date, of the Capital 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performanceperformance of the obligations of any Person under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Rights Agreement.

Appears in 6 contracts

Samples: Exhibit 1 Rights Agreement (Safety Fund Corp), Rights Agreement (Safety Fund Corp), Rights Agreement (Telco Systems Inc /De/)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 5 contracts

Samples: Rights Agreement (Guaranty Financial Group Inc.), Rights Agreement (Guaranty Financial Group Inc.), Rights Agreement (Forestar Real Estate Group Inc.)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of record of the Right Certificates and certificates for (and, prior to the Distribution Date, the holders of record of the Common Shares representing Rights, Stock); and any registered holder of record of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 or any other Person to enforce, or otherwise act in respect of, such holder's his right to exercise the Rights represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall and, accordingly, that they will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Agreement.

Appears in 5 contracts

Samples: Rights Agreement (Payment Data Systems Inc), Amended Rights Agreement (Compumed Inc), Rights Agreement (Billserv Com Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 enforceenforce this Agreement, or otherwise act in respect of, of such holder's ’s right to exercise the Rights represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Agreement.

Appears in 5 contracts

Samples: Rights Agreement (Christopher & Banks Corp), Rights Agreement (WPCS International Inc), Rights Agreement (Osteotech Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 5 contracts

Samples: Rights Agreement (Rocky Brands, Inc.), Rights Agreement (Spark Networks Inc), Rights Agreement (City National Corp)

Rights of Action. (a) All rights of action in respect of this Agreement, except the rights of action given to the ----------------- Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Shares); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performanceperformance of the obligations of any Person under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Rights Agreement.

Appears in 4 contracts

Samples: Rights Agreement (Sonosight Inc), Rights Agreement (Sonosight Inc), Rights Agreement (Handheld Ultrasound Systems Inc)

Rights of Action. (a) All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Shares); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performanceperformance of the obligations of any Person under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Rights Agreement.

Appears in 3 contracts

Samples: Rights Agreement (Union Planters Corp), Rights Agreement (Sypris Solutions Inc), Rights Agreement (Churchill Downs Inc)

Rights of Action. (a) All rights of action in respect ----------------- of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Shares); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performanceperformance of the obligations of any Person under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Rights Agreement.

Appears in 3 contracts

Samples: Rights Agreement (Primex Technologies Inc), Rights Agreement (Primex Technologies Inc), Rights Agreement (Arch Chemicals Inc)

Rights of Action. (a) All rights of action in respect ----------------- of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (or, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Shares); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performanceperformance of the obligations of any Person under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Rights Agreement.

Appears in 3 contracts

Samples: Rights Agreement (Crown Castle International Corp), Exhibit 6 (Crown Castle International Corp), Rights Agreement (Crown Castle International Corp)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 3 contracts

Samples: Rights Agreement (Broadband Technologies Inc /De/), Rights Agreement (Broadband Technologies Inc /De/), Rights Agreement (Broadband Technologies Inc /De/)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares mayStock), 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 3 contracts

Samples: Rights Agreement (Mechanical Technology Inc), Rights Agreement (Lakes Entertainment Inc), Rights Agreement (Lakes Entertainment Inc)

Rights of Action. All rights of action in respect of ---------------- this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares Stock), may, in such that holder's own behalf and for such that 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 that holder's right to exercise the Rights represented evidenced by such Right Rights Certificate or by such certificate for Common Shares in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing foregoing, or any remedies available to the holders of Rights, 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Marriott International Inc /Md/), Rights Agreement (Marriott International Inc /Md/)

Rights of Action. All rights of action in respect of ---------------- this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares 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 represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Homebase Inc), Rights Agreement (Homebase Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement. Section 16.

Appears in 2 contracts

Samples: Corporation and American (Medaphis Corp), Corporation and American (Medaphis Corp)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Docent Inc), Rights Agreement (SoftBrands, Inc.)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered record holders of the Right Certificates (and certificates for prior to and on the Distribution Date, the record holders of the Common Shares representing Rights, Stock); and any registered record holder of any Right Certificate or (or, prior to and on the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the record holder of any other Right Certificate or any other certificate for (or, prior to and on the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the record holders of Rights, it is specifically acknowledged that the record 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 performanceperformance of the obligations under, and injunctive relief against actual or threatened violationsviolations of, of the obligations of any Person under subject to this Rights Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Mallinckrodt Group Inc), Rights Agreement (Mallinckrodt Group Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 right to exercise the Rights represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Barnes Group Inc), Rights Agreement (Mmi Companies Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by (or, prior to the Distribution Date, such certificate for Common Shares Stock) in the manner provided in such 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Gentiva Health Services Inc), Rights Agreement (Gentiva Health Services Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the shares of Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the shares of Common Shares 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 of his right to exercise the Rights represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 2 contracts

Samples: Stockholder Rights Agreement (Om Group Inc), Stockholder Rights Agreement (Om Group Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Alkermes Inc), Rights Agreement (Alkermes Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares 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 represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Building Materials Holding Corp), Rights Agreement (Building Materials Holding Corp)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (prior to the Distribution Date, in the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of or notice to the Rights Agent or of the holder of any other Right Certificate or any other certificate for (prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance, performance of the obligations hereunder and to injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Kuhlman Corp), Rights Agreement (Kuhlman Corp)

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Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of record of the Right Certificates and certificates for (and, prior to the Distribution Date, the holders of record of the Common Shares representing Rights, Stock); and any registered holder of record of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 or any other Person to enforce, or otherwise act in respect of, such holder's his right to exercise the Rights represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall and, accordingly, that they will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violationsviolations of, of the obligations of any Person under subject to this Rights Agreement.

Appears in 1 contract

Samples: Rights Agreement (Dc Holdco Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares Stock), may, in such registered holder's ’s own behalf and for such registered 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Sun Communities Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares Stock), may, in such holder's own behalf and for such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise act in respect of, of such holder's right to exercise the Rights represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Heartland Financial Usa Inc)

Rights of Action. (a) All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing RightsShares), and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performanceperformance of the obligations of any Person under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Rights Agreement.

Appears in 1 contract

Samples: Rights Agreement (Unit Corp)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (May Department Stores Co)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Opinion Research Corp)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates and certificates for shares of Common Shares Stock representing Rights, and any registered holder of any Right Certificate or and of such certificate for shares of Common SharesStock, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for shares of Common Shares Stock 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 represented by such Right Certificate or by such certificate for shares of Common Shares Stock in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Media One Group Inc)

Rights of Action. All rights of action in respect of this ---------------- Agreement, except the rights of action given to the Rights Agent under Section 18 21 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or and of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares 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 represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an any adequate remedy at law for any breach by the Company of this Agreement and shall be entitled to specific performance, and injunctive relief against actual or threatened violations, of the obligations of any Person the Company under this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Commercial Federal Corp)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to 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, and injunctive relief against actual or threatened violationsviolations by the Company, of the obligations of any Person under this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Standard Pacific Corp /De/)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 Corporation to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Investors Title Co)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Cree Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall and, accordingly, that they will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Cilcorp Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Shares); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 against the Company Trust to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Liberty Property Trust)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereofherein, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to 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, and injunctive relief against actual or threatened violationsviolations by the Company, of the obligations of any Person under this Agreement.

Appears in 1 contract

Samples: Rights Agreement (CSK Auto Corp)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of record of the Right Certificates and certificates for (and, prior to the Distribution Date, the holders of record of the Common Shares representing Rights, Stock); and any registered holder of record of any Right Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 or any other Person to enforce, or otherwise act in respect of, such holder's his right to exercise the Rights represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall and, accordingly, that they will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violationsviolations of, of the obligations of any Person under subject to this Rights Agreement.

Appears in 1 contract

Samples: Rights Agreement (Dover Motorsports Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 Corporation to enforce, or otherwise act in respect of, such holder's right to exercise the Rights represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Investors Title Co)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of 32 the Right Rights Certificates and certificates for (and, prior to the Distribution Date, the registered holders of the Common Shares representing Rights, Stock); and any registered holder of any Right Rights Certificate or (or, prior to the Distribution Date, of such certificate for the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate or any other certificate for (or, prior to the Distribution Date, of the Common Shares 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 represented evidenced by such Right Rights Certificate or by such certificate for Common Shares 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, performance of the obligations hereunder and injunctive relief against actual or threatened violations, violations of the obligations hereunder of any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Alltel Corp)

Rights of Action. (a) All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights(and, prior to the Distribution Date, the registered holders of the Exchangeable Shares); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such certificate for Common the Exchangeable Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares (or, prior to the Distribution Date, of the Exchangeable 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performanceperformance of the obligations of any Person under, and injunctive relief against actual or threatened violations, violations of the obligations of any Person under subject to, this Rights Agreement.

Appears in 1 contract

Samples: Rights Agreement (Homestake Mining Co /De/)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 20 and Section 18 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares 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 represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Jacobs Engineering Group Inc /De/)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and (and, prior to the Distribution Date, the registered holders of certificates for representing Common Shares representing Rights, Stock); and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such any certificate for representing Common Shares, Stock) without the consent of the Rights Agent or of the holder of any other Right Certificate or (or, prior to the Distribution Date, of any other certificate for representing Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violations, violations of the obligations of of, any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Egames Inc)

Rights of Action. All rights of action in respect of this Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates and (and, prior to the Distribution Date, the registered holders of certificates for representing Common Shares representing Rights, Stock; and any registered holder of any Right Certificate or (or, prior to the Distribution Date, of such any certificate for representing Common SharesStock, without the consent of the Rights Agent or of the holder of any other Right Certificate or (or, prior to the Distribution Date, of any other certificate for representing Common Shares 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 represented evidenced by such Right Certificate or by such certificate for Common Shares in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performanceperformance of the obligations under, and injunctive relief against actual or threatened violations, violations of the obligations of of, any Person under subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Nobel Learning Communities Inc)

Rights of Action. All rights of action in respect of this ----------------- Agreement, except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates and certificates for Common Shares representing Rights, and any registered holder of any Right Certificate or of such certificate for Common Shares, without the consent of the Rights Agent or of the holder of any other Right Certificate or any other certificate for Common Shares 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 represented by such Right Certificate or by such certificate for Common Shares in the manner provided in such Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, 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, and injunctive relief against actual or threatened violations, of the obligations of any Person under this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Ameron International Corp)

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