Common use of Appointment of Rights Agent Clause in Contracts

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 5 contracts

Samples: Rights Agreement (Aclara Biosciences Inc), Rights Agreement (Cancervax Corp), Rights Agreement (Coach Inc)

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Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such one or more co-Rights Agents as it may deem necessary or desirabledesirable upon notice to the Rights Agent (the term "Rights Agent" being used herein to refer, collectively, to the Rights Agent together with any such co-Rights Agents). In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 4 contracts

Samples: Rights Agreement (Homestake Mining Co /De/), Rights Agreement (Homestake Mining Co /De/), Rights Agreement (Hartford Capital Iv /De/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent. If the Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and any Co-Rights Agent shall be as the Company shall determine.

Appears in 3 contracts

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

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The With the consent of the Rights Agent, the Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and in no event be liable for, the acts or omissions of any Co-Rights Agent. In the event that the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent shall be as the Company determines and shall determine. Contemporaneously not be inconsistent with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agentthis Agreement.

Appears in 3 contracts

Samples: Rights Agreement (Bunge LTD), Rights Agreement (Bunge LTD), Rights Agreement (Bunge LTD)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (which holders, as provided in Section 3, shall, prior to the Distribution Date, also be the holders of the Common Stock of the Company) in accordance with the terms and conditions hereof, and the of this Agreement. The Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective obligations and duties of the Rights Agent and of any coCo-Rights Agent shall be as the Company shall determinespecify in writing. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall not be liable for, for the acts or omissions of of, any such coCo-Rights Agent.

Appears in 3 contracts

Samples: Stockholders Rights Agreement (Peapod Inc), Stockholders Rights Agreement (Peapod Inc), Rights Agreement (Home Products International Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions hereofhereof (and no implied terms or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-rights agents, the Company shall delivery written notice to the Rights Agents, Agent setting forth the respective duties of the Rights Agent and any co-rights agent. The Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall not have no a duty to supervise, and in no event shall the Rights Agent be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 3 contracts

Samples: Rights Agreement (Theravance Biopharma Cayman Holdings, Inc.), Rights Agreement (Theravance Biopharma, Inc.), Rights Agreement (Theravance Biopharma, Inc.)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-co- Rights Agents as it may deem necessary or desirabledesirable upon prior written notice to the Rights Agent. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as determined by the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify consent of the Rights Agent thereofAgent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 3 contracts

Samples: Rights Agreement (Garden Ridge Corp), Rights Agreement (Garden Ridge Corp), Rights Agreement (Garden Ridge Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3 hereof, shall prior to the Distribution Date be the holders of Common Stock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more , and, upon acceptance of such appointment by a co-Rights AgentsAgent, the respective duties provisions of the Rights Agent and any this Agreement shall be deemed also to apply to such co-Rights Agent shall be as the Company shall determineAgent. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, supervise and shall in no event shall be liable for, the acts or omissions omission of any such co-Rights AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement And (Old Second Bancorp Inc), Rights Agreement (QCR Holdings Inc)

Appointment of Rights Agent. (a) The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions hereofhereof (and no implied terms or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable, upon two (2) Business Days’ prior written notice to the Rights Agent. In the event If the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent rights agents shall be as the Company shall determine. Contemporaneously with such appointment; provided, if anyhowever, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, that the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Fidelity Southern Corp), Tax Benefits Preservation Plan (Fidelity Southern Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-rights agents, the Company shall delivery written notice to the Rights Agents, Agent setting forth the respective duties of the Rights Agent and any co-rights agent. The Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall not have no a duty to supervise, and in no event shall the Rights Agent be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (ProPhase Labs, Inc.), Rights Agreement (Aspen Insurance Holdings LTD)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsdesirable and, the respective duties of upon ten (10) days prior notice to the Rights Agent and any co-Rights Agent shall be as the Company shall determineAgent. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent. The respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine.

Appears in 2 contracts

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

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3 hereof, shall prior to the Distribution Date also be the holders of the Common Stock) in accordance with the terms and conditions hereofof this Rights Agreement, and the Rights Agent hereby accepts such this appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent Agents and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the No Rights Agent shall have no a duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (CVR Energy Inc), Rights Agreement (Toreador Resources Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company in accordance with the express terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent such other rights agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, and the Company shall notify will notify, in writing, the Rights Agent thereofand any co-rights agents of any such respective duties. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (American Airlines Group Inc.), Southwest Gas Holdings, Inc.

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event If the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent rights agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, and the Company shall notify will notify, in writing, the Rights Agent thereofand any co-rights agents of any such respective duties. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Bluegreen Corp), Rights Agreement (Freds Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereofset forth herein, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event If the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent shall Agents will be as the Company shall determinedetermines. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Thornburg Mortgage Inc), Shareholder Rights Agreement (Thornburg Mortgage Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirabledesirable upon ten days’ prior notice to the Rights Agent. In the event If the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company determines, and shall determine. Contemporaneously with such appointment, if any, the Company shall notify be provided in writing to the Rights Agent thereofand any such co-Right Agent. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Walter Investment Management Corp), Rights Agreement (Walter Investment Management Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-rights agents. In the event the Company appoints one or more co-Rights AgentAgents, the respective duties of the Rights Agent and any co-Rights Agents shall be as the Company shall determine.

Appears in 2 contracts

Samples: Rights Agreement (Amerisource Health Corp/De), Rights Agreement (Amerisource Health Corp/De)

Appointment of Rights Agent. (a) The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions hereofhereof (and no implied terms or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event If the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent rights agents shall be as the Company shall determine. Contemporaneously with such appointment; provided, if anyhowever, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, that the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 2 contracts

Samples: Shareholder Rights Plan (Synovus Financial Corp), Shareholder Rights Plan (Synovus Financial Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, determine and the Company shall notify provide written notice thereof to the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Encore Acquisition Co), Rights Agreement (Cke Restaurants Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions hereofset forth herein (and no implied terms or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable, upon 10 days’ prior written notice to the Rights Agent. In the event the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent rights agent shall be as the Company shall determine. Contemporaneously with such appointment; provided, if anyhowever, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, that the Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Leap Wireless International Inc), Tax Benefit Preservation Plan (Leap Wireless International Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify determine upon ten (10) days' prior written notice to the Rights Agent thereofAgent. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Osi Pharmaceuticals Inc), Rights Agreement (Osi Pharmaceuticals Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of desirable upon written notice to the Rights Agent and any co-Rights Agent shall be as the Company shall determineAgent. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-rights agent. In the event the Company appoints one or more co-rights agents, the respective duties of the Rights Agents and any co-rights agents shall be as the Company shall determine and the Company shall provide written notice thereof to the Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Clearwater Paper Corp), Rights Agreement (Logicvision Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable, upon ten (10) days’ prior written notice to the Rights Agent. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if anyprovided, the Company shall notify that the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall will have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Euronet Worldwide Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Micrel Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents co‑rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent rights agents under the provisions of this Plan shall be as the Company shall determine. Contemporaneously with such appointment, if any, and the Company shall notify will notify, in writing, the Rights Agent thereofand any co-rights agents of such respective duties. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 1 contract

Samples: Agreement (CKX, Inc.)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereofof this Rights Agreement, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such one or more co-Rights Agents as it may deem necessary or desirable. In desirable upon ten (10) days’ prior written notice thereof to the event Rights Agent (the Company appoints one or more term “Rights Agent” being used in this Rights Agreement to refer, collectively, to the Rights Agent together with any such co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof). Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Itron Inc /Wa/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions hereofhereof (and no implied terms or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable, upon 10 days’ prior written notice to the Rights Agent. In the event the Company appoints one or more Upon acceptance of such appointment by a co-Rights Agentsrights agent, the respective duties provisions of this Plan applicable to the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with deemed also to apply to such appointmentco-rights agent; provided, if anyhowever, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, that the Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 1 contract

Samples: Benefits Preservation Plan (Capitol Bancorp LTD)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company in accordance with the express terms and conditions hereofhereof (and no implied terms and conditions), and the Rights Agent hereby accepts such appointmentappointment and hereby certifies that it complies with the applicable requirements governing U.S. transfer agents and registrars. The Company may may, from time to time time, appoint such co-Rights Agents as it may deem necessary or desirable. In , upon ten calendar days’ prior written notice to the event the Company appoints one or more co-Rights AgentsAgent, setting forth the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determineAgent. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights AgentAgents.

Appears in 1 contract

Samples: Rights Agreement (Highway Holdings LTD)

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Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3 hereof, shall prior to the Distribution Date also be the holders of the Common Stock of the Company) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any cosuch Co-Rights Agent shall be as the Company shall determineAgents. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Tweeter Home Entertainment Group Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereofset forth herein, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable, upon ten (10) days’ prior written notice to the Right Agent. In the event If the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent shall Agents will be as the Company shall determine. Contemporaneously with such appointmentdetermines; provided, if anyhowever, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, that the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Morgans Foods Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Coeur D Alene Mines Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions (and no implied terms and conditions) hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent rights agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, and the Company shall notify will notify, in writing, the Rights Agent thereofand any co-rights agents of such respective duties. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Forest Laboratories Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights --------------------------- Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent Agents and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Chevron Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company in accordance with the terms and conditions hereofof this Agreement, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of of, any such co-rights agents. In the event that the Company appoints one or more co-rights agents, the respective duties of the Rights Agent and any co-rights agents shall be as the Company shall reasonably determine and as shall be set forth in a written notice to the Rights Agent.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Artes Medical Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The With the consent of the Rights Agent, the Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any Co-Rights Agent. In the event that the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent shall will be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agentdetermines.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Dycom Industries Inc)

Appointment of Rights Agent. The Company hereby appoints --------------------------- the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Allied Research Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent. In the event the Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agents and any Co-Rights Agents shall be as the Company shall determine and provide written notice of to the Rights Agent and any Co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (United Therapeutics Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Gen Probe Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such a co-Rights Agents rights agent as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent Agents and any co-rights agents under the provisions of this Rights Agent Agreement shall be as the Company shall determine. Contemporaneously with such appointment, if any, and the Company shall notify will notify, in writing, the Rights Agent thereofand any co-rights agents of such respective duties. Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 1 contract

Samples: Rights Agreement (Trident Microsystems Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, hereof and the Rights Agent hereby accepts such appointment. The Company may may, from time to time time, appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of desirable upon ten (10) days’ prior written notice to the Rights Agent and any co-Rights Agent shall be as the Company shall determineAgent. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-rights agent. If the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights agents shall be as the Company shall determine in its sole and absolute discretion.

Appears in 1 contract

Samples: Tax Benefit Preservation Plan (Centerline Holding Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirabledesirable upon prior written notice to the Rights Agent. In The Rights Agent shall have no duty to supervise, and shall in no even be liable for, the event acts or omissions of any such Co-Rights Agent. If the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Rj Reynolds Tobacco Holdings Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof in writing.

Appears in 1 contract

Samples: Rights Agreement (Softnet Systems Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirabledesirable upon written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such co-Rights Agent. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent Agents and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously determine and shall not be inconsistent with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agentthis Agreement.

Appears in 1 contract

Samples: Rights Agreement (Fair Isaac & Company Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the of this Agreement. The Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective obligations and duties of the Rights Agent and of any coCo-Rights Agent shall be as the Company shall determinespecify in writing. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall not be liable for, for the acts or omissions of of, any such coCo-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Success Bancshares Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent rights agents under the provisions of this Agreement shall be as the Company shall determine. Contemporaneously with such appointment, if any, and the Company shall notify will notify, in writing, the Rights Agent thereofand any co-rights agents of such respective duties. Notwithstanding the foregoing, the The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 1 contract

Samples: Rights Agreement (Saba Software Inc)

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