RECITALSPreferred Stock Rights Agreement • September 9th, 2004 • Omnivision Technologies Inc • Semiconductors & related devices • Delaware
PAIN THERAPEUTICS, INC. and COMPUTERSHARE SHAREOWNER SERVICES LLC AMENDED AND RESTATED PREFERRED STOCK RIGHTS AGREEMENT Dated as of June 20, 2013Preferred Stock Rights Agreement • June 20th, 2013 • Pain Therapeutics Inc • Pharmaceutical preparations • Delaware
This Amended and Restated Preferred Stock Rights Agreement (the “Agreement”) is dated as of June 20, 2013, between Pain Therapeutics, Inc., a Delaware corporation, (the “Company”), and Computershare Shareowner Services LLC (f/k/a Mellon Investor Services LLC) (the “Rights Agent”).
PREFERRED STOCK RIGHTS AGREEMENT Dated as of September 21, 2023 between CUE HEALTH INC. and COMPUTERSHARE TRUST COMPANY, N.A., as Rights AgentPreferred Stock Rights Agreement • September 22nd, 2023 • Cue Health Inc. • Laboratory analytical instruments • Delaware
This Preferred Stock Rights Agreement (this “Agreement”), dated as of September 21, 2023, is between Cue Health Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., a federally chartered trust company, as rights agent (the “Rights Agent”). Each of the Company and the Rights Agent are sometimes referred to as a “Party.” All capitalized terms used in this Agreement have the meanings given to them in Section 1.
FIRST AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENT THIS FIRST AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENT (this "First Amendment") dated as of July 25, 2007 is between ABX Air, Inc., a Delaware corporation (the "Company"), and National City...Preferred Stock Rights Agreement • July 26th, 2007 • Abx Air Inc • Air courier services • Delaware
EX-4.1 2 a16-21377_1ex4d1.htm EX-4.1 VIVUS, INC. and COMPUTERSHARE TRUST COMPANY, N.A. Amended and Restated Preferred Stock Rights Agreement Dated as of November 9, 2016 Page (Continued) PagePreferred Stock Rights Agreement • May 5th, 2020 • Delaware
Exhibit A Certificate of Designation of Rights, Preferences and Privileges of Series A Participating Preferred Stock
AMENDMENT NO. 1 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • February 14th, 2003 • Barra Inc /Ca • Services-computer programming, data processing, etc. • New York
AMENDMENT NO. 1 to PREFERRED STOCK RIGHTS AGREEMENT by and between BEA SYSTEMS, INC., and EQUISERVE TRUST COMPANY, N.A. Dated as of January 15, 2003Preferred Stock Rights Agreement • January 22nd, 2003 • Bea Systems Inc • Services-prepackaged software • Delaware
THIS AMENDMENT NO. 1 TO PREFERRED STOCK RIGHTS (this “Amendment”) is made and entered into as of January 15, 2003 by and between BEA Systems, Inc., a Delaware corporation (the “Company”), and EquiServe Trust Company, N.A. (the “Rights Agent”), and amends that certain Preferred Stock Rights Agreement, dated as of September 14, 2001, by and between the Company and EquiServe Trust Company, N.A. (the “Agreement”). Capitalized terms used herein and not otherwise defined herein have the meanings ascribed to such terms in the Agreement.
FIFTH AMENDMENT to the PREFERRED STOCK RIGHTS AGREEMENT between AVANEX CORPORATION and COMPUTERSHARE TRUST COMPANY, N.A. formerly known as EQUISERVE TRUST COMPANY, N.A.Preferred Stock Rights Agreement • January 28th, 2009 • Avanex Corp • Semiconductors & related devices • Delaware
This Fifth Amendment (the “Fifth Amendment”) to the Preferred Stock Rights Agreement is made and entered into as of January 27, 2009 between AVANEX CORPORATION, a Delaware corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, N.A., formerly known as EQUISERVE TRUST COMPANY, N.A., a national banking association, as Rights Agent (the “Rights Agent”).
THIRD AMENDMENT to the PREFERRED STOCK RIGHTS AGREEMENT between AVANEX CORPORATION and EQUISERVE TRUST COMPANY, N.A.Preferred Stock Rights Agreement • May 25th, 2005 • Avanex Corp • Semiconductors & related devices • Delaware
This Third Amendment (the “Third Amendment”) to the Preferred Stock Rights Agreement is made and entered into as of May 16, 2005 between AVANEX CORPORATION, a Delaware corporation (the “Company”), and EQUISERVE TRUST COMPANY, N.A., a national banking association, as Rights Agent (the “Rights Agent”).
AND EQUISERVE RIGHTS AGENTPreferred Stock Rights Agreement • March 19th, 2002 • Jetblue Airways Corp • Air transportation, scheduled • Delaware
AMENDMENT NO. 2 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • December 13th, 2007 • Genesis Microchip Inc /De • Semiconductors & related devices • New York
This Amendment No. 2 (the “Amendment”), dated effective as of December 10, 2007, to the Preferred Stock Rights Agreement, dated as of June 27, 2002, as amended on March 16, 2003 (as so amended, the “Rights Agreement”), by and between Genesis Microchip Inc., a Delaware corporation (the “Company”), and Mellon Investor Services LLC (the “Rights Agent”), is being executed at the direction of the Company.
AMENDMENT NO. 2 MIRAVANT MEDICAL TECHNOLOGIES PREFERRED STOCK RIGHTS AGREEMENT WHEREAS: The undersigned, U.S. Stock Transfer Corporation, (the "Rights Agent"), and Miravant Medical Technologies a Delaware corporation, (the "Company") are parties to...Preferred Stock Rights Agreement • January 4th, 2005 • Miravant Medical Technologies • Pharmaceutical preparations
AMENDMENT TO PREFERRED STOCK RIGHTS AGREEMENT BETWEEN PAIN THERAPEUTICS, INC. AND MELLON INVESTOR SERVICES LLCPreferred Stock Rights Agreement • September 27th, 2006 • Pain Therapeutics Inc • Pharmaceutical preparations • Delaware
THIS AMENDMENT TO PREFERRED STOCK RIGHTS AGREEMENT (the “Amendment”) is made this 27th day of September 2006, by and between PAIN THERAPEUTICS, INC., a Delaware corporation (the “Company”), and MELLON INVESTOR SERVICES LLC (the “Rights Agent”) to amend the Preferred Stock Rights Agreement, dated April 28, 2005, by and between the Company and the Rights Agent (the “Rights Agreement”).
AMENDMENT NO. 2 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • November 21st, 2006 • Solectron Corp • Printed circuit boards • Delaware
This Amendment No. 2 to Preferred Stock Rights Agreement, dated as of November 20, 2006 (this “Amendment”), amends that certain Preferred Stock Rights Agreement, dated as of June 29, 2001, as amended on December 3, 2001 (as so amended, the “Rights Agreement”), between Solectron Corporation, a Delaware corporation (the “Company”), and Computershare Trust Company, N.A. (successor in interest to EquiServe Trust Company, N.A.), as rights agent (the “Rights Agent”). Except as otherwise expressly provided herein, or unless the context otherwise requires, all terms used herein have the meanings assigned to them in the Rights Agreement.
AMENDMENT NO. 1 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • February 25th, 2003 • Natus Medical Inc • Electromedical & electrotherapeutic apparatus • Delaware
This Amendment No. 1 dated as of February 14, 2003 (this “Amendment”) is to the Preferred Stock Rights Agreement originally dated as of September 4, 2002 and amended and restated as of October 8, 2002 (the “Rights Agreement”), between Natus Medical Incorporated, a Delaware corporation, (the “Company”), and EquiServe Trust Company, N.A. (the “Rights Agent”). Terms not defined herein have the meanings assigned to them in the Rights Agreement.
BROCADE COMMUNICATIONS SYSTEMS, INC. AMENDMENT NO. 1 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • August 8th, 2006 • Brocade Communications Systems Inc • Computer communications equipment • Delaware
This Amendment No. 1 to Preferred Stock Rights Agreement (this “Amendment”) is made as of August 7, 2006 between Brocade Communications Systems, Inc., a Delaware corporation (the “Company”), and Wells Fargo Bank, N.A. (the “Rights Agent”).
EXTENDED SYSTEMS INCORPORATED AMENDMENT TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • August 1st, 2005 • Extended Systems Inc • Services-prepackaged software • Delaware
THIS AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENT (this "Amendment"), dated as of July 28, 2005 between EXTENDED SYSTEMS INCORPORATED, a Delaware corporation (the "Company"), and AMERICAN STOCK TRANSFER & TRUST COMPANY, a New York corporation ("AST" or in its new capacity under the Rights Agreement (defined below), the "Rights Agent"), is being executed at the direction of the Company.
SECOND AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • June 28th, 2006 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances
THIS SECOND AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENT (this “Second Amendment”), dated as of June 23, 2006, by and between ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and U.S. Stock Transfer Corporation, as rights agent (the “Rights Agent”), amends that certain Preferred Stock Rights Agreement, dated as of December 31, 2001, by and between the Company and Mellon Investor Services LLC, as the predecessor rights agent (“Mellon”), as amended by that certain Amendment to the Preferred Stock Rights Agreement, dated as of November 18, 2002, by and between the Company and Mellon (together, the “Rights Agreement”).
AMENDMENT NO. 5 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • January 13th, 2009 • Palm Inc • Computer terminals • Delaware
This amendment number five (this “Amendment”) to the Preferred Stock Rights Agreement between Palm, Inc., a Delaware corporation (the “Company”) and Computershare Trust Company, N.A., as successor to Equiserve Trust Company, N.A. and Fleet National Bank (the “Rights Agent”) is made and entered into as of January 9, 2009, and shall become effective on January 9, 2009.
INFOGROUP INC. AMENDMENT NO. 1 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • June 30th, 2010 • infoGROUP Inc. • Services-direct mail advertising services • Delaware
This Amendment No. 1 (this “ Amendment”), dated as of June 29, 2010, is made by and between InfoGroup Inc., a Delaware corporation (the “ Company”), and Wells Fargo Bank, N.A., (the “ Rights Agent”) to amend the Preferred Stock Rights Agreement, dated as of May 4, 2009, by and between the Company and the Rights Agent (the “ Rights Agreement”). Capitalized terms used in this Amendment but not defined herein shall have the meaning assigned to them in the Rights Agreement.
AMENDMENT NO. 5 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • June 24th, 2004 • Critical Path Inc • Services-business services, nec
This Amendment No. 5 to Preferred Stock Rights Agreement (this “Amendment”) is dated as of June 24, 2004 between Critical Path, Inc. (the “Company”), and Computershare Trust Company, Inc. (the “Rights Agent”), with reference to the following:
AMENDMENT TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • March 15th, 2006 • Copart Inc • Retail-auto dealers & gasoline stations
This Amendment to Preferred Stock Rights Agreement (this “Amendment”) is entered into as of this 14th day of March, 2006 by and between Copart, Inc., a California corporation (the “Company”), and Computershare Trust Company, N.A. (formerly Equiserve Trust Company, N.A.) (the “Rights Agent”).
AMENDMENT NO. 2 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • March 15th, 2005 • Natus Medical Inc • Electromedical & electrotherapeutic apparatus • Delaware
This Amendment No. 2 dated as of March 15, 2005 (this “Amendment”) is to the Preferred Stock Rights Agreement originally dated as of September 4, 2002 and amended and restated as of October 8, 2002 (the “Rights Agreement”), between Natus Medical Incorporated, a Delaware corporation, (the “Company”), and EquiServe Trust Company, N.A. (the “Rights Agent”). Terms not defined herein have the meanings assigned to them in the Rights Agreement.
PREFERRED STOCK RIGHTS AGREEMENT BY AND BETWEEN IMPAX LABORATORIES, INC. AND STOCKTRANS, INC., AS RIGHTS AGENT Dated as of January 20, 2009Preferred Stock Rights Agreement • January 22nd, 2009 • Impax Laboratories Inc • Pharmaceutical preparations • Delaware
This Preferred Stock Rights Agreement is dated as of January 20, 2009 (this “Agreement” or the “Rights Agreement”), by and between IMPAX LABORATORIES, INC., a Delaware corporation (the “Company”), and STOCKTRANS, INC. (the “Rights Agent”).
ANDPreferred Stock Rights Agreement • April 17th, 2001 • Integrated Telecom Express Inc/ Ca • Telephone & telegraph apparatus • Delaware
AND EQUISERVE RIGHTS AGENTPreferred Stock Rights Agreement • February 18th, 2003 • Jetblue Airways Corp • Air transportation, scheduled • Delaware
AMENDMENT TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • November 18th, 2004 • Palmone Inc • Computer terminals
This Amendment to Preferred Stock Rights Agreement (this “Amendment”) is entered into as of this 12th day of November, 2004 by and between palmOne, Inc., a Delaware corporation (the “Company”) and Equiserve Trust Company, N.A. (the “Rights Agent”).
AMENDMENT NO. 1 TO AMENDED AND RESTATED PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • August 3rd, 2004 • Silicon Valley Bancshares • State commercial banks • Delaware
This Amendment No. 1 ("Amendment No. 1") to the Amended and Restated Preferred Stock Rights Agreement dated as of January 29, 2004 (the "Restated Agreement"), by and between Silicon Valley Bancshares, a Delaware corporation (the "Company" or "Delaware Bancshares") and Wells Fargo Bank, N.A. (the "Rights Agent"), is entered into as of August 2, 2004 by and between the Company and the Rights Agent. Each capitalized term not defined herein shall have the meaning ascribed to such term in the Restated Agreement.
THIRD AMENDMENT TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • November 15th, 2010 • Identive Group, Inc. • Computer peripheral equipment, nec • Delaware
This THIRD AMENDMENT TO THE PREFEFRRED STOCK RIGHTS AGREEMENT, dated as of November 15, 2010 (this “Amendment”), is entered into by and between Identive Group, Inc., a Delaware corporation formerly known as SCM Microsystems, Inc. (the “Company), and American Stock Transfer & Trust Company, LLC (the “Rights Agent”).
AMENDMENT NO. 1 TO PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • September 15th, 2008 • Napster Inc • Services-computer programming services • New York
This AMENDMENT NO. 1 TO PREFERRED STOCK RIGHTS AGREEMENT (this “Amendment”) is entered into as of September 14, 2008, by and between Napster, Inc., a Delaware corporation (formerly known as Roxio, Inc.) (the “Company”), and Mellon Investor Services LLC (the “Rights Agent”).
THIRD AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • January 17th, 2012 • Ista Pharmaceuticals Inc • Pharmaceutical preparations
THIS THIRD AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENT (this “Third Amendment”), dated as of January 12, 2012, by and between ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., as successor rights agent (the “Rights Agent”), amends that certain Preferred Stock Rights Agreement, dated as of December 31, 2001, as subsequently amended, by and between the Company and the Rights Agent, as successor rights agent (the “Rights Agreement”).
FIRST AMENDMENT to the PREFERRED STOCK RIGHTS AGREEMENT between NEW FOCUS, INC. and EQUISERVE TRUST COMPANY, N.A.Preferred Stock Rights Agreement • October 30th, 2003 • New Focus Inc • Semiconductors & related devices • Delaware
This First Amendment to the Preferred Stock Rights Agreement (the “Amendment”) is made and entered into as of September 29, 2003 between NEW FOCUS, INC., a Delaware corporation (the “Company”), and EQUISERVE TRUST COMPANY, N.A., as Rights Agent (the “Rights Agent”).
AMENDMENT NO. 1 TO AMENDED AND RESTATED PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • December 14th, 2006 • Catalytica Energy Systems Inc • Engines & turbines • New York
THIS AMENDMENT NO. 1, dated as of December 14, 2006 (this “Amendment”), amends that certain Amended and Restated Preferred Stock Rights Agreement dated as of November 22, 2004 (the “Rights Agreement”), by and between Catalytica Energy Systems, Inc., a Delaware corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company (the “Rights Agent”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Rights Agreement.
FOURTH AMENDMENT to the PREFERRED STOCK RIGHTS AGREEMENT between AVANEX CORPORATION and COMPUTERSHARE TRUST COMPANY, N.A. formerly known as EQUISERVE TRUST COMPANY, N.A.Preferred Stock Rights Agreement • March 10th, 2006 • Avanex Corp • Semiconductors & related devices • Delaware
This Fourth Amendment (the “Fourth Amendment”) to the Preferred Stock Rights Agreement is made and entered into as of March 6, 2006 between AVANEX CORPORATION, a Delaware corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, N.A., formerly known as EQUISERVE TRUST COMPANY, N.A., a national banking association, as Rights Agent (the “Rights Agent”).
FIRST AMENDMENT to the PREFERRED STOCK RIGHTS AGREEMENT between and COMPUTERSHARE TRUST COMPANY, INC.Preferred Stock Rights Agreement • June 11th, 2003 • Edwards J D & Co • Services-prepackaged software • Delaware
This First Amendment to the Preferred Stock Rights Agreement (the “Amendment”) is made and entered into as of June 1, 2003 between J.D. EDWARDS & COMPANY, a Delaware corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, INC., as Rights Agent (the “Rights Agent”).
