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 Shares) 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. 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.
Appears in 54 contracts
Samples: Preferred Stock Rights Agreement (Neopharm Inc), Preferred Stock Rights Agreement (Neomagic Corp), Preferred Stock Rights Agreement (New Commerce One Holding 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 Shares) 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. 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.
Appears in 19 contracts
Samples: Preferred Shares Rights Agreement (Catalyst Semiconductor Inc), Rights Agreement (Altigen Communications Inc), Preferred Stock Rights Agreement (Versata 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 SharesStock) 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, desirable upon ten (10) days' prior 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.
Appears in 16 contracts
Samples: Rights Agreement (Transkaryotic Therapies Inc), Rights Agreement (Applix Inc /Ma/), Rights Agreement (Viasys Healthcare 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 Shares) 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. 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.
Appears in 13 contracts
Samples: Rights Agreement (Bitstream Inc), Rights Agreement (Access Health Inc), Rights Agreement (Pennichuck 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 also be the holders of the Common SharesStock) 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, desirable upon ten (10) days' prior 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 cosuch Co-Rights Agent.
Appears in 11 contracts
Samples: Rights Agreement (Parexel International Corp), Rights Agreement (Sepracor Inc /De/), Rights Agreement (Art Technology 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 SharesStock) 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, desirable upon ten (10) days' ’ prior 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 cosuch Co-Rights Agent.
Appears in 11 contracts
Samples: Rights Agreement (Emergent BioSolutions Inc.), Rights Agreement (Emergent BioSolutions Inc.), Rights Agreement (Lifeline Holdings, 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 SharesStock) in accordance with the express terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Upon ten (10) days’ prior written notice to the Rights Agent, the Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable, upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall will have no duty to supervise, and shall will in no event be liable for, the acts or omissions of any such co-Rights Agentrights agents.
Appears in 10 contracts
Samples: Tax Benefits Preservation Plan (Cord Blood America, Inc.), Tax Benefits Preservation Plan (Drive Shack Inc.), Tax Benefits Preservation Plan (Newcastle Investment 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 also be the holders of the Common SharesStock) 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, desirable upon ten (10) days' ’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.
Appears in 9 contracts
Samples: Rights Agreement (American Axle & Manufacturing Holdings Inc), Rights Agreement (Wci Communities Inc), Rights Agreement (Wci Communities Inc)
Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation 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 SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable, upon ten (10) days' days prior 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 cosuch Co-Rights Agent.
Appears in 8 contracts
Samples: Rights Agreement (Columbia Laboratories Inc), Rights Agreement (Columbia Laboratories Inc), Rights Agreement (Giga Information 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 Shares) 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. 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.
Appears in 8 contracts
Samples: Preferred Stock Rights Agreement (Bea Systems Inc), Preferred Stock Rights Agreement (Sonic Innovations Inc), Preferred Stock Rights Agreement (Palm 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 Shares) 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, desirable upon ten (10) days' days prior 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.
Appears in 7 contracts
Samples: Rights Agreement (Infoseek Corp /De/), Rights Agreement (Netmanage Inc), Preferred Shares Rights Agreement (Micro Linear Corp /Ca/)
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 shares of Common SharesStock) 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. 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.
Appears in 7 contracts
Samples: Stockholders Rights Agreement (Omega Navigation Enterprises, Inc.), Stockholders Rights Agreement (DryShips Inc.), Stockholders Rights Agreement (Ocean Rig UDW 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 SharesStock) 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.
Appears in 6 contracts
Samples: Rights Agreement (TRW Automotive Holdings Corp), Rights Agreement (Dillards Inc), Rights Agreement (Dillards 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 SharesStock) 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, desirable upon ten (10) days' prior 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.
Appears in 6 contracts
Samples: Rights Agreement (Marcam Solutions Inc), Rights Agreement (Security Dynamics Technologies Inc /De/), Rights Agreement (Filenes Basement 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 also be the holders of the Common Shares) 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, desirable upon ten (10) days' prior written notice to the Rights Agent. 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 6 contracts
Samples: Rights Agreement (Provant Inc), Rights Agreement (Provant Inc), Rights Agreement (Edify 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 also be the holders of the Common Shares) 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, desirable upon ten (10) days' days prior 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 Agentrights agents.
Appears in 6 contracts
Samples: Preferred Shares Rights Agreement (New Era of Networks Inc), Rights Agreement (Polycom Inc), Rights Agreement (Atmel 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 also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time time, upon prior written notice to the Rights Agent, appoint such coCo-Rights Agents as it may deem necessary or desirable, upon ten (10) days' prior 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 cosuch Co-Rights Agent.
Appears in 6 contracts
Samples: Rights Agreement (Summit Technology Inc), Rights Agreement (Boston Life Sciences Inc /De), Rights Agreement (Renaissance Worldwide 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 Shares) 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. 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.
Appears in 6 contracts
Samples: Shares Rights Agreement (Sun Microsystems Inc), Rights Agreement (General Growth Properties Inc), Rights Agreement (General Growth Properties 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 SharesStock) 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, desirable upon ten (10) 10 days' ’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.
Appears in 5 contracts
Samples: Section 382 Rights Agreement (CNO Financial Group, Inc.), Section 382 Rights Agreement (CNO Financial Group, Inc.), Section 382 Rights Agreement (CNO Financial 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 Shares) 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, desirable upon ten (10) days' prior 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.
Appears in 5 contracts
Samples: Preferred Shares Rights Agreement (Tcsi Corp), Preferred Shares Rights Agreement (Tcsi Corp), Preferred Shares Rights Agreement (Splash Technology Holdings 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 SharesStock) 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, upon ten (10) days' prior 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 Agentrights agent.
Appears in 5 contracts
Samples: Rights Agreement (Hasbro Inc), Rights Agreement (Sybron International Corp), Rights Agreement (Sybron Dental Specialties 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 SharesStock) 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. 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.
Appears in 5 contracts
Samples: 4 Rights Agreement (Connecticut Water Service Inc / Ct), Rights Agreement (Pe Corp), Rights Agreement (Broadway & Seymour 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 SharesStock) 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, desirable upon ten (10) days' prior 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.
Appears in 5 contracts
Samples: Rights Agreement (Lifeline Systems Inc), Rights Agreement (Kadant Inc), Rights Agreement (Lifeline Systems 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 until the Distribution Date Date, will also be the holders of the Common SharesShares in accordance with Section 3 hereof) 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. 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 Agents and any co-Rights Agents will be as the Company may determine.
Appears in 5 contracts
Samples: Rights Agreement (Data Translation Inc /New/), Rights Agreement (Access Pharmaceuticals Inc), Rights Agreement (Waters Corp /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 (who, in accordance with Section 3 hereof, shall prior to the Distribution Date also be the holders of the shares of Common SharesStock) 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. 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.
Appears in 5 contracts
Samples: Stockholders Rights Agreement (Oceanfreight Inc.), Stockholders Rights Agreement (Oceanfreight Inc.), Stockholders Rights Agreement (Oceanfreight Inc.)
Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation and the holders of the Rights (who, in accordance with Section 3 hereof, shall prior to before the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation 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. 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.
Appears in 4 contracts
Samples: Rights Agreement (Impac Commercial Holdings Inc), Rights Agreement (Edgar Online Inc), Rights Agreement (Impac Mortgage Holdings 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 Shares) 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, desirable upon ten (10) days' days prior 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.
Appears in 4 contracts
Samples: Rights Agreement (Cooper Industries LTD), Rights Agreement (Cooper Industries LTD), Rights Agreement (Cooper Industries 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 (who, in accordance with Section 3 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) 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. The Rights Agent shall have no duty to supervise, 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 and any co-Rights Agents shall be as the Company shall determine.
Appears in 4 contracts
Samples: Shareholder Rights Agreement (Delta Woodside Industries Inc /Sc/), Shareholder Rights Agreement (Delta Apparel Inc), Shareholder Rights Agreement (Dh Apparel Co 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 Shares) 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, desirable upon ten (10) days' prior 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.
Appears in 3 contracts
Samples: Rights Agreement (Exigent International Inc), Rights Agreement (Conductus Inc), Rights Agreement (Airnet Communications 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 also be the holders of the Common Shares) 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' days prior 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 co-Rights Agent.
Appears in 3 contracts
Samples: Rights Agreement (Ciphergen Biosystems Inc), Preferred Shares Rights Agreement (Proxim Inc /De/), Preferred Shares Rights Agreement (Proxim Inc /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 (who, in accordance with Section 3 hereof, shall prior to the Distribution Date also be the holders of the Common Shares) 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. The Rights Agent shall have no duty to supervise, and shall in no event be liable forliable, for the acts or omissions of any such co-Rights Agent.
Appears in 3 contracts
Samples: Renewed Rights Agreement (TCF Financial Corp), Rights Agreement (Polaris Industries Inc/Mn), Rights Agreement (Celeris 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 also be the holders of the Common SharesStock) 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, desirable upon ten (10) days' prior 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.
Appears in 3 contracts
Samples: Rights Agreement (NMT Medical Inc), Rights Agreement (NMT Medical Inc), Rights Agreement (LTX 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 shall, prior to the Distribution Date Date, also be the holders of the Common SharesShares 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 co-Rights Agents as it may deem necessary or desirable, desirable upon ten (10) days' ’ prior 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.
Appears in 3 contracts
Samples: Form of Rights Agreement (Patriot Coal CORP), Rights Agreement (Patriot Coal CORP), Form of Rights Agreement (Patriot Coal 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 also be the holders of the Common SharesStock) 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. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any cosuch Co-Rights Agent.
Appears in 3 contracts
Samples: Rights Agreement (Netsilicon Inc), Rights Agreement (Netsilicon Inc), Rights Agreement (Netsilicon Inc)
Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as the agent for the Company Corporation 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 SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable, upon ten (10) days' 10 days prior 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 cosuch Co-Rights Agent.
Appears in 3 contracts
Samples: Rights Agreement (Novavax Inc), Rights Agreement (Technical Communications Corp), Rights Agreement (Technical Communications 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 also be the holders of the Common Shares) 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. 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.
Appears in 3 contracts
Samples: Rights Agreement (Central European Distribution Corp), Rights Agreement (Cnet Networks Inc), Rights Agreement (Lifepoint Hospitals, 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 hereof3, shall shall, prior to the Distribution Date Date, also be the holders of the Common SharesStock) 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, upon ten (10) days' ’ prior 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 cosuch Co-Rights AgentAgents.
Appears in 3 contracts
Samples: Rights Agreement (Osteotech Inc), Rights Agreement (WPCS International Inc), Rights Agreement (Christopher & Banks 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 also be the holders of the shares of Common SharesStock) 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, upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of or any cosuch Co-Rights Agent.
Appears in 3 contracts
Samples: Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties 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 Shares) 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. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any cosuch Co-Rights Agent.
Appears in 3 contracts
Samples: Rights Agreement (Onesource Information Services Inc), Rights Agreement (Teradyne Inc), Rights Agreement (Teradyne Inc)
Appointment of Rights Agent. The Company hereby appoints has appointed 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 SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts has accepted 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. 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.
Appears in 2 contracts
Samples: Rights Agreement (Pinnacle West Capital Corp), Rights Agreement (Pinnacle West Capital 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 shall, prior to the Distribution Date Date, also be the holders of the Common Shares) 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, desirable upon ten (10) days' prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Friendly Ice Cream Corp), Rights Agreement (Micrion Corp /Ma/)
Appointment of Rights Agent. The Company hereby appoints the Rights Agent EquiServe Trust Company, N.A., to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3 hereof, shall prior to before the Distribution Date also be the holders of the Common SharesStock) 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, upon ten (10) days' prior written notice to the Rights Right 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.
Appears in 2 contracts
Samples: Rights Agreement (Jabil Circuit Inc), Rights Agreement (Jabil Circuit 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 SharesStock) 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, desirable upon ten (10) days' days prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any cosuch Co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Dun & Bradstreet Corp /De/), 3 Rights Agreement (New D&b 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 shall, prior to the Distribution Date Date, also be the holders of the Common SharesShares 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 co-Rights Agents as it may deem necessary or desirable, desirable upon ten (10) days' ’ prior 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 AgentRight Agents.
Appears in 2 contracts
Samples: Rights Agreement (Louisiana-Pacific Corp), Rights Agreement (Louisiana-Pacific 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 shall, prior to the Distribution Date Date, also be the holders of the Common Shares) 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. 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.
Appears in 2 contracts
Samples: Rights Agreement (Ardent Software Inc), Rights Agreement (Intertan 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 Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The With prior notice to the Rights Agent, the Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable, desirable upon ten (10) days' prior written notice to the Rights Agent, and, if it does so, the respective duties of the Rights Agent and any Co- Rights Agent shall be as determined by the Company. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any cosuch Co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Gibson Greetings Inc), Rights Agreement (Gibson Greetings 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 Shares) 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, desirable upon ten (10) days' prior 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 cosuch Co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Colonial Properties Trust), Rights Agreement (Colonial Properties Trust)
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 hereof3, shall prior to the Distribution Date also be the holders of the Common SharesStock) 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 as it may deem necessary or desirable, upon ten (10) days' ’ prior written notice to the Rights Agent. 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 2 contracts
Samples: Rights Agreement (Neenah Paper Inc), Rights Agreement (Neenah Paper 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 Shares) 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, desirable upon ten (10) days' days prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Networks Associates Inc/), Rights Agreement (Networks Associates 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 SharesStock) 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, upon ten (10) days' ’ prior 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 Agentrights agents.
Appears in 2 contracts
Samples: Rights Agreement (Ball Corp), Rights Agreement (Churchill Downs 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 SharesClass A 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 coCo-Rights Agents as it may deem necessary or desirable, desirable upon ten (10) days' days prior 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 cosuch Co-Rights Agent.
Appears in 2 contracts
Samples: Section 382 Rights Agreement (Pma Capital Corp), Rights Agreement (Pma Capital 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 hereof3, shall prior to the Distribution Date are also be the holders of the Common Shares) 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 as it may deem necessary or desirable, upon ten (10) days' ’ prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Pinnacle Airlines Corp), Rights Agreement (Pinnacle Airlines 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 also be the holders of the Common SharesShares 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 co-Rights Agents as it may deem necessary or desirable, upon ten (10) 10 days' ’ prior 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 cosuch Co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (First Business Financial Services, Inc.), Rights Agreement (First Business Financial Services, 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 SharesStock) 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, upon ten (10) days' prior 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 cosuch Co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Orbital Sciences Corp /De/), Rights Agreement (American Business Products Inc)
Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation 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 SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable, upon ten (10) days' days prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Delphi Automotive Systems Corp), Rights Agreement (Delphi Automotive Systems 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 also be the holders of the Common SharesStock) 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, desirable upon ten (10) days' days prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, supervise and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Synavant Inc), Rights Agreement (Synavant 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 hereof3, shall prior to the Distribution Date also be the holders of the Common SharesStock) 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, upon ten (10) days' ’ prior 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 cosuch Co-Rights AgentAgents.
Appears in 2 contracts
Samples: Rights Agreement (Lenox Group Inc), Rights Agreement (Tesoro Corp /New/)
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 SharesStock) 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, upon ten (10) days' prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Tosco Corp), Rights Agreement (Sybron Chemicals 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 Shares and the holders of LTD Special Shares) 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. 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.
Appears in 2 contracts
Samples: Preferred Stock Rights Agreement (PMC Sierra Inc), Preferred Stock Rights Agreement (PMC Sierra Inc)
Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for of 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 Shares) 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, upon ten (10) days' ’ prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Old Republic International Corp), Rights Agreement (Old Republic International 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 also be the holders of the Common SharesStock) 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, desirable upon ten (10) days' ’ prior 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.
Appears in 2 contracts
Samples: Rights Agreement (BJS Wholesale Club Inc), Rights Agreement (BJS Wholesale Club 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 SharesStock) 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, upon ten (10) days' days prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Trism Inc /De/), Rights Agreement (Orion Power Holdings 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, who in accordance with Section 3 hereof, shall shall, prior to the Distribution Date Date, also be the holders of the Common SharesStock) 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, upon ten (10) days' days prior 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 coCo-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Ciprico Inc), Rights Agreement (Datakey 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 SharesShares 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 co-Rights Agents as it may deem necessary or desirable, upon ten (10) days' prior 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 and omissions of any such co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Compuware Corporation), Rights Agreement (Princeton National Bancorp 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 SharesStock) 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, upon ten (10) days' prior 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. Section 3.
Appears in 2 contracts
Samples: Rights Agreement Rights Agreement (Samsonite Corp/Fl), Rights Agreement Rights Agreement (Samsonite Corp/Fl)
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 Shares) 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, desirable upon ten (10) days' prior 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.
Appears in 2 contracts
Samples: Preferred Shares Rights Agreement (Tcsi Corp), Rights Agreement (Brooks Automation 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 SharesShares 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 co-Rights Agents as it may deem necessary or desirable, upon ten (10) days' 24 hours prior written notice to the Rights Agent, unless providing such notice shall cause detriment to the Company. 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.
Appears in 2 contracts
Samples: Rights Agreement (Senior Housing Properties Trust), Renewed Rights Agreement (HRPT Properties Trust)
Appointment of Rights Agent. The Company Com- pany 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 Shares) 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, desirable upon ten (10) days' prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Stride Rite Corp), Rights Agreement (Stride Rite 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 also be the holders of the Common SharesUnits) 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. 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.
Appears in 2 contracts
Samples: Rights Agreement (Valero Gp Holdings LLC), Rights Agreement (Valero Gp Holdings LLC)
Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights 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 SharesStock) 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, upon ten (10) days' ’ prior 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 Agentrights agent.
Appears in 2 contracts
Samples: Rights Agreement (Guaranty Financial Group Inc.), Rights Agreement (Forestar Real Estate 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 Shares) 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, desirable upon ten (10) days' days prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Cirrus Logic Inc), Preferred Shares Rights Agreement (Quantum Corp /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 (who, in accordance with Section 3 hereof, shall shall, prior to the Rights Distribution Date also be the holders of the Common Shares) 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. 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.
Appears in 2 contracts
Samples: Preferred Share Purchase Rights Agreement (Crescent Operating Inc), Preferred Share Purchase Rights Agreement (Crescent Operating 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 Shares) in accordance with the terms and conditions hereofStock), and the Rights Agent hereby accepts such appointmentappointment upon the terms and conditions hereof. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable, upon ten (10) daysdays ' prior 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.
Appears in 2 contracts
Samples: Common Stock Rights Agreement (Mykrolis Corp), Common Stock Rights Agreement (Mykrolis 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 shall, prior to the Distribution Date Date, also be the holders of the Common Shares) 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. 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.
Appears in 2 contracts
Samples: Rights Agreement (Natural Microsystems Corp), Rights Agreement (Natural Microsystems 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 also be the holders of the Common Shares) 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, supervise and shall in no event be liable for, the for acts or omissions of any such co-Rights AgentAgents.
Appears in 2 contracts
Samples: Rights Agreement (Amli Residential Properties Trust), Rights Agreement (Cabot Industrial Trust)
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 SharesShares 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 co-Rights Agents as it may deem necessary or desirable, upon ten (10) days' prior 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 coRights Agent. Any actions which may be taken by the Rights Agent pursuant to the terms of this Agreement may be taken by any such co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Hospitality Properties Trust), Rights Agreement (Hospitality Properties Trust)
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 shall, prior to the Distribution Date Date, also be the holders of the Common SharesShares 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 co-Rights Agents as it may deem necessary or desirable, upon ten (10) days' prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Eog Resources Inc), Rights Agreement (Tj International 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 hereof3, shall prior to the Distribution Date also be the holders of the Common Shares) 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' days prior 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.
Appears in 2 contracts
Samples: Rights Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Rights Agreement (Affinity Gaming)
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 SharesStock) 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, upon ten (10) 10 days' prior 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 cosuch Co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Lowes Companies Inc), Rights Agreement (Lowes Companies 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 SharesStock) 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, desirable upon ten (10) days' days prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.
Appears in 2 contracts
Samples: Rights Agreement (Dupont Photomasks Inc), Rights Agreement (Dupont Photomasks 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 SharesStock) 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. The Rights Agent shall have no duty to supervise, supervise and shall in no event be liable for, 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 Agents shall be as the Company shall determine.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Ryans Restaurant Group Inc), Shareholder Rights Agreement (Ryans Restaurant 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 shall, prior to the Distribution Date Date, also be the holders of the Common SharesStock) 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' days prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of of, any co-Rights AgentAgent so appointed.
Appears in 2 contracts
Samples: Rights Agreement (Xerox Corp), Rights Agreement (Xerox Corp)
Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation 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 SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation 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. 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.
Appears in 2 contracts
Samples: Rights Agreement (Culp Inc), Rights Agreement (Culp 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 SharesStock) 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, desirable upon ten (10) days' prior 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.
Appears in 2 contracts
Samples: Rights Agreement (Travelers Property Casualty Corp), Rights Agreement (Travelers Property Casualty 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 shall, prior to the Distribution Date Date, also be the holders of the Common Shares) 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. 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 AgentAgents.
Appears in 2 contracts
Samples: Rights Agreement (General Surgical Innovations Inc), Preferred Shares Rights Agreement (Xylan 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 also be the holders of the Common Shares) 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, desirable upon ten (10) days' ’ prior 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 cosuch Co-Rights Agent.
Appears in 1 contract
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 shall, prior to the Distribution Date Date, also be the holders of the Common Shares) 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, desirable upon ten (10) days' days prior 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.
Appears in 1 contract
Samples: Preferred Shares Rights Agreement (Aspect Telecommunications 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 also be the holders of the Common Shares) 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any co-Rights Agent.or
Appears in 1 contract
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 SharesStock) 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 deems necessary or desirable, upon ten (10) days' ’ prior 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.
Appears in 1 contract
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 Shares) 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' days prior written notice to the Rights Agent. , The Rights Agent shall have no duty to supervise, and shall in no event event, be liable for, for the acts or omissions commission of any cosuch Co-Rights Agent.
Appears in 1 contract
Samples: Rights Agreement (Arterial Vascular Engineering 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 SharesStock and Class B 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 rights agents as it may deem necessary or desirable, desirable upon ten (10) days' days prior 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 Agentrights agent.
Appears in 1 contract
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 SharesStock) 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, desirable upon ten (10) days' prior 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 co-such Co- Rights Agent.
Appears in 1 contract
Samples: Rights Agreement (American Superconductor Corp /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 (who, in accordance with Section 3 hereof, shall prior to the Distribution Date also be the holders of the Common Shares) 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, desirable upon ten (10) days' five days prior written notice to the Rights Agent. The Rights Agent shall have no duty duties to supervise, and shall in no event be liable for, the acts or omissions of of, any cosuch Co-Rights Agent.
Appears in 1 contract
Samples: Rights Agreement (Geon Co)
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 shall, prior to the Distribution Date Date, also be the holders of the Common SharesShares 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 co-Rights Agents as it may deem necessary or desirable, desirable upon ten (10) days' days prior written notice to the Rights Right Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any cosuch Co-Rights Agent.
Appears in 1 contract
Samples: Smith International 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 Shares and the holders of LTD Special Shares) 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. 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.
Appears in 1 contract
Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation 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 Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation 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. 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.
Appears in 1 contract
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 SharesStock) 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, desirable upon ten 10 (10ten) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts actions or omissions of any cosuch Co-Rights Agent.
Appears in 1 contract
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 Shares) 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, supervise and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.
Appears in 1 contract
Samples: Rights Agreement (Tanger Factory Outlet Centers 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 shall, prior to the Rights Distribution Date also be the holders of the Common Shares) 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. 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.
Appears in 1 contract
Samples: Preferred Share Purchase Rights Agreement (Meristar Hotels & Resorts 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 SharesStock) 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, desirable upon ten (10) days' prior 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 cosuch Co-Rights Agent.
Appears in 1 contract
Samples: Rights Agreement (Be Free Inc)
