Common Contracts

2 similar Agreement contracts by El Capitan Precious Metals Inc, Kona Grill Inc

RIGHTS AGReeMENT
Agreement • September 7th, 2016 • Kona Grill Inc • Retail-eating places • Delaware

AGREEMENT (the “Agreement”) dated as of September 6, 2016 between Kona Grill, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, as Rights Agent (the “Rights Agent”),

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RIGHTS AGREEMENT
Agreement • August 31st, 2011 • El Capitan Precious Metals Inc • Metal mining • Nevada

Until the Distribution Date (or earlier redemption, exchange or expiration of the Preferred Rights), (i) the Preferred Rights will be evidenced by the Common Stock certificates and will be transferred with and only with such Common Stock certificates, (ii) new Common Stock certificates issued after the Record Date will contain a notation incorporating the Preferred Rights Agreement by reference, and (iii) the surrender for transfer of any certificates for Common Stock will also constitute the transfer of the Preferred Rights associated with the Common Stock represented by such certificate.

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