Rights Plan. All corporate action necessary to waive, (i) on behalf of the Purchaser, individually, and (ii) the permitted assignees of the Shares of such individual Purchaser, the trigger provisions of the Rights Plan dated in June 1999 between the Company and American Stock Transfer and Trust Company which relate to purchases of common stock above a specified percentage of the outstanding common stock of the Company, but only with respect to shares of common stock of the Company purchased directly from the Company as "original issue shares" by the Purchaser under written agreements between the Purchaser and the Company shall have been taken.
Appears in 4 contracts
Sources: Series F Preferred Stock and Warrant Purchase Agreement (New World Coffee Manhattan Bagel Inc), Series F Preferred Stock and Warrant Purchase Agreement (Halpern Denny Iii Lp), Second Series F Preferred Stock and Warrant Purchase Agreement (Halpern Denny Iii Lp)
Rights Plan. All corporate action necessary to waive, (i) on behalf of the PurchaserPurchasers, individually, and (ii) the permitted assignees of the Shares of such individual Purchaser, the trigger provisions of the Rights Plan dated in June 1999 between the Company and American Stock Transfer and Trust Company which relate to purchases of common stock above a specified percentage of the outstanding common stock of the Company, but only with respect to shares of common stock of the Company purchased directly from the Company as "original issue shares" by the Purchaser Purchasers under written agreements between the Purchaser Purchasers and the Company shall have been taken.
Appears in 3 contracts
Sources: Third Series F Preferred Stock and Warrant Purchase Agreement (Greenlight Capital LLC), Third Series F Preferred Stock and Warrant Purchase Agreement (New World Coffee Manhattan Bagel Inc), Third Series F Preferred Stock and Warrant Purchase Agreement (Halpern Denny Iii Lp)
Rights Plan. All corporate action necessary to waive, (i) on behalf of the a Purchaser, individually, and (ii) the permitted assignees of the Shares of such individual Purchaser, the trigger provisions of the Rights Plan dated in June 1999 between the Company and American Stock Transfer and Trust Company which relate to purchases of common stock above a specified percentage of the outstanding common stock of the Company, but only with respect to shares of common stock of the Company purchased directly from the Company as "original issue shares" by the Purchaser under written agreements between the such Purchaser and the Company shall have been taken.
Appears in 2 contracts
Sources: Series D Preferred Stock and Warrant Purchase Agreement (New World Coffee Manhattan Bagel Inc), Series D Preferred Stock and Warrant Purchase Agreement (Bet Associates Lp)
Rights Plan. All corporate action necessary to waive, (i) on behalf of the a Purchaser, individually, and (ii) the permitted assignees of the Shares of such individual Purchaser, the trigger provisions of the Rights Plan dated in June 1999 between 18 19 the Company and American Stock Transfer and Trust Company which relate to purchases of common stock above a specified percentage of the outstanding common stock of the Company, but only with respect to shares of common stock of the Company purchased directly from the Company as "original issue shares" by the Purchaser under written agreements between the such Purchaser and the Company shall have been taken.
Appears in 1 contract
Sources: Series D Preferred Stock and Warrant Purchase Agreement (Brookwood New World Investors LLC)