Opnext, Inc. and American Stock Transfer & Trust Company, LLC as Rights Agent Rights Agreement Dated as of June 18, 2009Rights Agreement • June 22nd, 2009 • Opnext Inc • Semiconductors & related devices • Delaware
Until the earlier to occur of (i) the tenth Business Day following a public announcement that a person or group of affiliated or associated persons has acquired beneficial ownership of 4.99% or more of the Common Stock (an “Acquiring Person”) or (ii) the tenth Business Day (or such later date as may be determined by action of the Board of Directors prior to such time as any person or group of affiliated persons becomes an Acquiring Person) following the commencement or announcement of an intention to make a tender offer or exchange offer the consummation of which would result in the beneficial ownership by a person or group of 4.99% or more of the Common Stock (the earlier of (i) and (ii) being called the “Distribution Date”), the Rights will be evidenced, with respect to any of the Common Stock certificates outstanding as of the Record Date, by such Common Stock certificate (or, with respect to any shares of Common Stock held in book entry form, by the notation in book entry) together
