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 Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 17 contracts

Samples: Tax Benefits Preservation Rights Agreement (Sed International Holdings Inc), Shareholder Rights Agreement (Courier Corp), Shareholder Rights Agreement (Metabolix, Inc.)

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Appointment of Rights Agent. (a) 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 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event 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 AgentAgent and any co-rights agents shall be as the Company shall determine.

Appears in 9 contracts

Samples: Exchange Agreement (Citigroup Inc), Exchange Agreement, Exchange Agreement (Citigroup Inc)

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 or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event that the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 8 contracts

Samples: Section 382 Rights Agreement (Whiting Petroleum Corp), Section 382 Rights Agreement (Carvana Co.), Section 382 Rights Agreement (Carvana 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 Coone or more co-Rights Agents as it may deem necessary or desirabledesirable (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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company , and shall give ten (10) days’ prior written notice be provided in writing to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Coco-Rights AgentsAgent. The Subject to Section 21(c), the Rights Agent shall have no duty to supervise, supervise and shall in no event not be liable for, for the acts or omissions of any such Coco-Rights AgentAgents.

Appears in 8 contracts

Samples: Rights Agreement (Pepsi Bottling Group Inc), Rights Agreement (Pepsi Bottling Group Inc), Rights Agreement (GlobalOptions 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 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 ten (10) days prior written notice to the Rights Agent. 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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 (Pharmacopeia Inc), Rights Agreement (Pharmacopeia Inc), Rights Agreement (Pharmacopeia Drug Discovery Inc)

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 or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights Agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 7 contracts

Samples: Section 382 Rights Agreement (Merrimack Pharmaceuticals Inc), Rights Agreement (Cumulus Media Inc), Section 382 Rights Agreement (Mitek Systems Inc)

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 or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event that the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 7 contracts

Samples: Rights Agreement (LEE ENTERPRISES, Inc), Rights Agreement (Express, Inc.), Rights Agreement (Clear Channel Outdoor 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 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 Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior desirable upon written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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.

Appears in 6 contracts

Samples: Rights Agreement (Medicinova Inc), Rights Agreement (Fiberstars Inc /Ca/), Rights Agreement (Fiberstars Inc /Ca/)

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 Co-Rights Agents, the respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) days' prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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 5 contracts

Samples: Rights Agreement (Tii Industries Inc), Rights Agreement (Elxsi Corp /De//), Rights Agreement (Airgas Inc)

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 or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give ten (10) upon 10 days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event that the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 5 contracts

Samples: Rights Agreement (Synaptogenix, Inc.), Rights Agreement (Del Frisco's Restaurant Group, Inc.), Rights Agreement (Synlogic, Inc.)

Appointment of Rights Agent. (a) 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 rights agents as it may deem necessary or desirable, upon at least ten (10) days’ prior written notice (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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The determine and the Company shall give ten (10) days’ prior provide written notice thereof to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. 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 5 contracts

Samples: Rights Agreement (Tribune Publishing Co), Rights Agreement (FTS International, Inc.), Rights Agreement (Tribune Publishing 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 prior to the Distribution Date (as hereinafter defined in Section 3(a)) 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 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 Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Shareholder Rights Agreement (Anika Therapeutics Inc), Shareholder Rights Agreement (Summit Properties Inc), Shareholder Rights Agreement (Summit Properties 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 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. 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. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. 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 Corporation appoints one or more Co-Rights AgentAgents, the respective duties of the Rights Agent and any Co-Rights Agent shall be as the Corporation shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Corporation shall notify the Rights Agent in writing thereof.

Appears in 4 contracts

Samples: Rights Agreement (TSR Inc), Rights Agreement (TSR Inc), Rights Agreement (TSR 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 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 (10) days' prior written notice to the Rights Agent. In The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the event 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 Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 (Masco Corp /De/), Rights Agreement (Masco Corp /De/), Rights Agreement (Mascotech 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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) days' prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. 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 shall be as the Company shall determine.

Appears in 4 contracts

Samples: Rights Agreement (Gamestop Corp), Rights Agreement (GSC Holdings Corp.), Rights Agreement (Gamestop 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ days prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. 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 AgentAgents, the respective duties of the Rights Agents and any Co-Rights Agents shall be as the Company shall determine.

Appears in 4 contracts

Samples: Protection Rights Agreement (Ralcorp Holdings Inc /Mo), Protection Rights Agreement (Post Holdings, Inc.), Protection Rights Agreement (Post Holdings, 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 Coco-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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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 4 contracts

Samples: Rights Agreement (Sorrento Therapeutics, Inc.), Rights Agreement (Sorrento Therapeutics, Inc.), Rights Agreement (Sorrento Therapeutics, Inc.)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company Company, in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may may, from time to time time, appoint such Coco-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more Coco-Rights Agentsrights agents, the respective duties of the Rights Agent and any Coco-Rights Agents rights agents shall be as the Company shall determine, subject to the terms and conditions of this Agreement. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Coco-Rights Agents rights agents and the respective duties of the Rights Agent and any such Coco-Rights Agentsrights agents. The Rights Agent shall have no duty to supervise, and shall shall, in no event event, be liable for, the acts or omissions of any such Coco-Rights Agentrights agents.

Appears in 3 contracts

Samples: Shareholder Rights Agreement (Myriad Pharmaceuticals, Inc.), Shareholder Rights Agreement (Myriad Pharmaceuticals, Inc.), Rights Agreement (Myrexis, 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 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 and shall give the Rights Agent ten (10) days prior written notice of any such appointment. 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, with the consent of the Rights Agent, which shall not be unreasonably withheld. The Company In no event shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and have any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event supervise or be liable for, for the acts or omissions of any such Co-Rights Agent.

Appears in 3 contracts

Samples: Rights Agreement (Serv Tech Inc /Tx/), Rights Agreement (Serv Tech Inc /Tx/), Rights Agreement (Serv Tech Inc /Tx/)

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 (and no implied terms or conditions) hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give ten (10) upon 10 days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event the Company appoints one or more co-rights agent(s), the respective duties of the Rights AgentAgent and any co-rights agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 3 contracts

Samples: Rights Agreement (Versum Materials, Inc.), Rights Agreement (Acorda Therapeutics Inc), Rights Agreement

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 Agents shall be as the Company shall determine. The Company shall give ten (10) days' prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Stockholder Rights Agreement (Kendle International Inc), Shareholder Rights Agreement (Plug Power Inc), Shareholder Rights Agreement (Bellavista Capital 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 and conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) calendar days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Plan and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 3 contracts

Samples: Tidewater (Tidewater Inc), Tax Benefits Preservation Plan (Tetra Technologies Inc), Tax Benefits Preservation Plan (Tetra Technologies 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 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(s). In the event the Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent Agents and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 (Jda Software Group Inc), Rights Agreement (Invitrogen Corp), Rights Agreement (Skymall 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days' prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. 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 shall be as the Company shall determine and shall be acceptable to the Rights Agent.

Appears in 3 contracts

Samples: Rights Agreement (Extreme Networks Inc), Rights Agreement (Extreme Networks Inc), Rights Agreement (Extreme Networks 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 Coone or more 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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, and shall be provided in writing to the Rights Agent.

Appears in 3 contracts

Samples: Section 382 Rights Agreement (Ariad Pharmaceuticals Inc), Rights Agreement (Vringo Inc), Rights Agreement (Vringo 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 and conditions), and the Rights Agent hereby accepts such appointment. The Subject to 10 days’ prior written notice to the Rights Agent, the Company may from time to time appoint such Coone or more co-Rights Agents as it may deem necessary or desirabledesirable (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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company , and shall give ten (10) days’ prior written notice be provided in writing to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Coco-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, supervise and shall in no event not be liable for, for the acts or omissions of any such Coco-Rights AgentAgents.

Appears in 3 contracts

Samples: Section 382 Rights Agreement (Centrus Energy Corp), Section 382 Rights Agreement (Taronis Fuels, Inc.), Section 382 Rights Agreement (Centrus Energy 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 desirabledesirable 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 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 determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 (Young & Rubicam Inc), Rights Agreement (Young & Rubicam 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, shall prior to the Distribution Date 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 Coco-Rights Agents as it may deem necessary or desirabledesirable upon ten (10) days prior written notice to the Rights Agent. In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 Coco-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Efunds Corp), Rights Agreement (Efunds 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 (and such holders shall, in accordance with Section 3, 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 desirabledesirable upon 10 days prior written notice to the Rights Agent. In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 Coco-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Crown Holdings Inc), Rights Agreement (Crown 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 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ days prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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, the Company shall notify the Rights Agent thereof.

Appears in 2 contracts

Samples: Rights Agreement (Malan Realty Investors Inc), Rights Agreement (Malan Realty Investors Inc)

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, will prior to the Distribution Date also be the holders of the Common Shares) in accordance with the express terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Upon 10 days’ prior written notice to the Rights Agent, the Company may from time to time appoint such Coco-Rights Agents rights agents as it may deem necessary or desirable. In the event If the Company appoints one or more Coco-Rights Agentsrights agents, then the respective duties of the Rights Agent and any Cosuch co-Rights Agents shall rights agents will be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents determines, and the Company will promptly notify each rights agent of its respective duties of the Rights Agent and any such Co-Rights Agentsduties. The Rights Agent shall will have no duty to supervise, supervise and shall will in no event be liable for, for the acts or omissions of of, any such Coco-Rights Agentrights agent.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Aviat Networks, Inc.), Tax Benefit Preservation Plan (Aviat Networks, Inc.)

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 (and no implied terms or conditions) hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give ten (10) upon 10 days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event the Company appoints one or more co-rights agent(s), the respective duties of the Rights AgentAgent and any co-rights agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneous with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 2 contracts

Samples: Rights Agreement (Office Depot Inc), Rights Agreement (Office Depot Inc)

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 or conditions), 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 Agentstime, the respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more CoAgent, appoint such co-Rights Agents and the respective duties of the Rights Agent and any such (“Co-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 such Co-Rights Agent. The respective duties of the Rights Agent and any such Co-Rights Agent shall be as the Company shall determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that, contemporaneously with such appointment, the Company provides written notice thereof to the Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Starrett L S Co), Rights Agreement (Starrett L S 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 are, prior to the Distribution Date, also the holders of the Common Shares) 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 Co-Rights Agents as it may deem necessary or desirable, upon ten (10) days’ prior written 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 Agents shall will be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to determines; provided, however, that the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Shareholder Rights Agreement (Morgans Foods Inc), 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 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 Coco-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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) calendar days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights Agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Vivus Inc), Preferred Stock Rights Agreement (Vivus Inc)

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 Coco-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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. 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 Coco-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 reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that the Company shall provide written notice thereof to the Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (News Corp), Rights Agreement (News 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 desirabledesirable 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(s). In the event the Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent Agents and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 (Microtune Inc), Rights Agreement (Microtune 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, shall prior to the Distribution Date 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 Coco-Rights Agents as it may deem necessary or desirabledesirable upon ten (10) days prior written notice to the Rights Agent. In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 Coco-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Pemstar Inc), Rights Agreement (Pemstar 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 Coone or more co-Rights Agents as it may deem necessary or desirabledesirable (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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company , and shall give ten (10) days’ prior written notice be provided in writing to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Coco-Rights AgentsAgent. The Subject to Section 20(c), the Rights Agent shall have no duty to supervise, supervise and shall in no event not be liable for, for the acts or omissions of any such Coco-Rights AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (Itex Corp), Rights Agreement (Itex 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 Coco-Rights Agents as it may deem necessary or desirabledesirable (the term “Rights Agent” being used herein to refer, collectively, to the Rights Agent together with any such co-Rights Agents), upon ten (10) days prior written notice to the Rights Agent. In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agent.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (M&f Bancorp Inc /Nc/), Rights Agreement (Hertz 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 hereofhereof (and no implied terms and conditions), 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 Agents, the respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) ten-days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Stockholders’ Rights Agreement (Great Elm Group, Inc.), Stockholders’ Rights Agreement (Great Elm Capital Group, Inc.)

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 (and no implied terms and conditions) hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) calendar days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts act or omissions omission of any such Coco-Rights AgentAgents. In the event the Company appoints one or more co-rights agents, the respective duties of the Rights Agent and any such other rights agents shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Plan.

Appears in 2 contracts

Samples: Sale Agreement (B. Riley Financial, Inc.), Tax Benefit Preservation Plan (Bebe Stores, Inc.)

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, will prior to the Distribution Date also be the holders of the Common Shares) in accordance with the express terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Upon 10 days’ prior written notice to the Rights Agent, the Company may from time to time appoint such Coco-Rights Agents rights agents as it may deem necessary or desirable. In the event If the Company appoints one or more Coco-Rights Agentsrights agents, then the respective duties of the Rights Agent and any Cosuch co-Rights Agents shall rights agents will be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents determines, and the Company will promptly notify each rights agent of its respective duties of the Rights Agent and any such Co-Rights Agentsduties. The Rights Agent shall will have no duty to supervise, and shall will in no event be liable for, for the acts or omissions of of, any such Coco-Rights Agentrights agent.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Fluidigm Corp), Tax Benefit Preservation Plan (Aviat Networks, 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 hereofCompany, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents (the "Co-Rights Agents Agents") as it may deem necessary or desirabledesirable 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 Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Shareholder Rights Agreement (Xoma LTD /De/), Shareholder Rights Agreement (Xoma 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 appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) daysBusiness Daysprior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. 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 agents. In the event the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Seachange International Inc), Tax Benefits Preservation Plan (Seachange International 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 desirabledesirable (the term “Rights Agent” being used herein to refer, collectively, to the Rights Agent together with any such co-Rights Agents), upon ten (10) days’ prior written notice to the Rights Agent. In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Chico's Fas, Inc.), Rights Agreement (Red Robin Gourmet Burgers 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 Co-Rights Agents, the respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior desirable upon written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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 (Hollysys Automation Technologies, Ltd.), Rights Agreement (Hollysys Automation Technologies, Ltd.)

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 Coone or more co-Rights Agents as it may deem necessary or desirabledesirable upon ten (10) days' prior written 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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Quality Dining Inc), Exhibit 10 Rights Agreement (Harris Paul Stores Inc)

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 or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) calendar days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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 AgentAgent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 2 contracts

Samples: Rights Agreement (Skullcandy, Inc.), Rights Agreement (Legacy Education Alliance, 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 (which holders, as provided in Section 3, shall, prior to the Distribution Date, also be the holders of the Common Stock and the Class B 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 Co-Rights Agents as it may deem necessary or desirable, upon ten (10) days' written notice to the Rights Agent. In the event the Company appoints one or more Co-Rights Agents, the respective obligations and duties of the Rights Agent and of any Co-Rights Agents Agent shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agentsspecify in writing. The Rights Agent shall have no duty to supervise, and shall in no event not be liable for, for the acts or omissions of of, any such Co-Rights Agent.

Appears in 2 contracts

Samples: Stockholders Rights Agreement (Whitehall Jewellers Inc), Stockholders Rights Agreement (Whitehall Jewellers 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 (and no implied terms and conditions) hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coone or more 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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, and shall be provided in writing to the Rights Agent.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Zoom Telephonics, Inc.), Section 382 Rights Agreement (Zoom Telephonics, Inc.)

Appointment of Rights Agent. 2.1 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 or conditions), and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event that the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 1 contract

Samples: Section 382 Rights Agreement (LSB Industries, 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 hereof, 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 ten 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 acts or omissions of any such co-Rights Agents. In the event the Company appoints one or more Coco-Rights Agentsrights agents, the respective duties of the Rights Agent and any Coco-Rights Agents Agent shall be as the Company shall reasonably determine. The , provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall give ten (10) days’ prior written notice to notify the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 Agentwriting thereof.

Appears in 1 contract

Samples: Rights Agreement (Broadway Financial Corp \De\)

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 Co-Rights Agents, the respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior desirable upon written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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.

Appears in 1 contract

Samples: Rights Agreement (Vina Technologies 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 (and such holders shall, in accordance with Section 3, 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 desirabledesirable upon 10 days prior written notice to the Rights Agent. In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 Coco-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Crown Cork & Seal Co 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 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of Agent. In the appointment of event the Company appoints one or more Coco-Rights Agents and rights agents, the respective duties of the Rights Agent and any co-rights agents under the provisions of this Plan shall be as the Company shall determine, and the Company will notify, in writing, the Rights Agent and any co-rights agents of such Co-Rights Agentsrespective duties. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agentrights agent.

Appears in 1 contract

Samples: Benefit Preservation Plan (Ambac Financial 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 hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more Coco-Rights Agentsrights agents, the respective duties of the Rights Agent and any Coco-Rights Agents rights agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Coco-Rights Agents rights agents and the respective duties of the Rights Agent and any such Coco-Rights Agentsrights agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agentrights agents.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Cell Therapeutics 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 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 (the term “Rights Agent” being used herein to refer, collectively, to the Rights Agent together with any such co-Rights Agents) upon ten (10) days’ prior written notice to the Rights Agent. In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights AgentAgents.

Appears in 1 contract

Samples: Rights Agreement (Verso 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days' prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. 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 AgentAgents, the respective duties of the Rights Agents and any Co-Rights Agents shall be as the Company shall determine.

Appears in 1 contract

Samples: Rights Agreement (Power Integrations 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 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; provided, however, that 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 agents. In the event If 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. The Company , except that no duties not specified under this Agreement as executed shall give ten (10) days’ prior written notice be assigned to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of without the Rights Agent and any such Co-Rights Agents. 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’s written consent.

Appears in 1 contract

Samples: Rights Agreement (Usa Technologies Inc)

Appointment of Rights Agent. The Company hereby appoints has appointed 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 days' prior written notice to the Rights Agent. 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 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 determine. The Company shall give ten (10) days’ prior written notice to , and any actions which may be taken by the Rights Agent pursuant to the terms of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event this Agreement may be liable for, the acts or omissions of taken by any such Co-Rights Agent. Section 3.

Appears in 1 contract

Samples: Renewed Rights Agreement Renewed Rights Agreement (Enesco Group Inc)

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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 (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 Co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more Co-Rights Agents, the respective obligations and duties of the Rights Agent and of any Co-Rights Agents Agent shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agentsspecify in writing. The Rights Agent shall have no duty to supervise, and shall in no event not be liable for, for the acts or omissions of of, any such Co-Rights Agent.

Appears in 1 contract

Samples: Stockholders Rights Agreement (Peapod 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 Coone or more co-Rights Agents as it may deem necessary or desirabledesirable upon 10 days' prior written 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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. The initial Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agent. SECTION 3.

Appears in 1 contract

Samples: Rights Agreement (Itt Destinations Inc /Nv)

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 Co-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 in no event be liable for the event acts or omissions of any such Co-Rights Agents. If 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. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Rights Agreement (Thomas & Betts 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 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 (10) days written notice to the Rights Agent. In The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the event 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 Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Rights Agreement (Imagistics International 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, upon ten days’prior written notice to the Rights Agent. 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 that the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to , and any actions which may be taken by the Rights Agent pursuant to the terms of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and this Agreement may be taken by any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Borland Software 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 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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) calendar days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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 reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 1 contract

Samples: Rights Agreement (Loral Space & Communications Inc.)

Appointment of Rights Agent. (a) The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who 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 Coco-Rights Agents rights agents as it may deem necessary or desirabledesirable (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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Rights Agreement (Spirit Airlines, 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 Coone or more co-Rights Agents as it may deem necessary or desirabledesirable (the term "Rights Agent" being used in this Rights Agreement to refer, collectively, to the Rights Agent together with any such co-Rights Agents). In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Rights Agreement (Onyx Software Corp/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 as it may deem necessary or desirable. In the event the Company appoints one or more Co-Rights Agentstime, the respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more CoAgent, appoint such co-Rights Agents and the respective duties of the Rights Agent and any such (“Co-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 such Co-Rights Agent. The respective duties of the Rights Agent and any such Co-Rights Agent shall be as the Company shall determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that the Company provides written notice thereof to the Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Starrett L S Co)

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 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 10 calendar days’ prior written 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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agentrights agent.

Appears in 1 contract

Samples: Rights Agreement (Francesca's Holdings 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 Coco-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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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 1 contract

Samples: Rights Agreement (Techwell 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 Co-Rights Agents, the respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agent. In the event the Company appoints one or more co-rights agent, the respective duties of the Rights Agent and any co-rights agent shall be as the Company shall reasonably determine, provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 1 contract

Samples: Rights Agreement (Ultimate Software 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 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 ; provided no such appointment shall change or increase the event the Company appoints one Rights Agent’s duties, liabilities or more Co-Rights Agentsobligations, the respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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. In the event the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgent and any co-rights agents under the provisions of this Agreement shall determine, and the Company will notify in writing, the Rights Agent and any co-rights agent of such respective duties.

Appears in 1 contract

Samples: Rights Agreement (Northwest Pipe Co)

Appointment of Rights Agent. The Company hereby appoints has appointed the Rights Agent to act as agent for the Company 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 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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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, the Company shall notify the Rights Agent in writing of such appointment and of the respective duties of the Rights Agent and the co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Biomarin Pharmaceutical 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 Coco-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 Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior desirable upon written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. Subject to the foregoing, 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 set forth in a written notice provided to the Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Nabors Industries LTD)

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 Agents shall be as the Company shall determine. The Company shall give ten (10) days’ days prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Shareholder Rights Agreement (Sohu Com 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, upon ten days' prior written notice to the Rights Agent. 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 that the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to , and any actions which may be taken by the Rights Agent pursuant to the terms of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and this Agreement may be taken by any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Park Electrochemical 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 Coco-Rights Agents Agent 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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) days' prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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 1 contract

Samples: Rights Agreement (Penn Virginia 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 Coone or more 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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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 agents shall be as the Company shall determine, and shall be provided in writing to the Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Caseys General Stores 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. The Rights Agent shall have no duty to supervise, and 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 Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 AgentSection 3.

Appears in 1 contract

Samples: Rights Agreement (Gpu Inc /Pa/)

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 rights agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) days’ prior written notice to the Rights Agent of Agent. In the appointment of event the Company appoints one or more Coco-Rights Agents and rights agents, the respective duties of the Rights Agent rights agent and any co-rights agents under the provisions of this agreement shall be as the Company shall determine, and the Company will notify, in writing, the rights agent and any co-rights agents of such Co-Rights Agentsrespective duties. 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 Agentrights agent.

Appears in 1 contract

Samples: Esmark Incorporated (Esmark 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 desirabledesirable and shall give the Rights Agent ten (10) days prior written notice of any such appointment. In the event the Company appoints one or more Co-Rights AgentsAgent, the respective duties of the Rights Agent and any Co-Rights Agents Agent shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to , with the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties consent of the Rights Agent and any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event which will not be liable for, the acts or omissions of any such Co-Rights Agentunreasonably withheld.

Appears in 1 contract

Samples: Rights Agreement (Crown Crafts 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 Coa co-Rights Agents rights agent 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-rights agent. In the event the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgents and any co-rights agents shall be as the Company shall determine.

Appears in 1 contract

Samples: Rights Agreement (Packeteer 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 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 (10) days prior written notice to the Rights Agent. In The Rights Agent has no duty to supervise, and shall in no event be liable for, the event 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 Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Rights Agreement (Nabisco Group Holdings Corp)

Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation 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 rights agents as it may deem necessary or desirabledesirable upon ten (10) days prior written notice to the Rights Agent. In If the event the Company Corporation appoints one or more Coco-Rights Agentsrights agents, the respective duties of the Rights Agent and any Coco-Rights Agents rights agents shall be as the Company Corporation shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents , and the respective duties of Corporation will notify, in writing, the Rights Agent and any co-rights agents of any such Co-Rights Agentsrespective duties. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agentrights agent.

Appears in 1 contract

Samples: Rights Agreement (Banctec 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 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 (10) days prior written notice to the Rights Agent. In The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the event 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 Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Rights Agreement (Aetna U S Healthcare 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 Agents Agent shall be as the Company shall determine. The Company ; provided, however, no such appointment or allocation of duties shall give ten (10) days’ prior written notice to change or increase the Rights Agent of the appointment of one Agent's duties, liabilities or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agentsobligations. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any any, such Coco-Rights Agent. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Rental Service 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 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 prior written notice to the Rights Agent. In The Rights Agent shall have no duty to supervise and in no event be liable for the event acts or omissions of any such Co-Rights Agents. If 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. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Rights Agreement (Thomas & Betts 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 (and such holders shall, in accordance with Section 3, 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 desirabledesirable upon ten (10) calendar days prior written notice to the Rights Agent. In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 Coco-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Crown Holdings Inc)

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 Coco-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 Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) calendar days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts act or omissions omission of any such Coco-Rights AgentAgents. In the event the Company appoints one or more co-rights agents, the respective duties of the Rights Agent and any such other rights agents shall be as the Company shall reasonably determine, provided that such duties are consistent with the terms and provisions of this Plan and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 1 contract

Samples: Benefit Preservation Plan (Extreme Networks 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 (and no implied terms and conditions) hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such Coco-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 Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior upon written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. 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. Subject to the foregoing, in the event the Company appoints one or more co-rights agents, the respective duties of the Rights AgentAgents and any co-rights agents shall be as the Company shall determine and set forth in a written notice provided to the rights agent.

Appears in 1 contract

Samples: Rights Agreement (Looksmart LTD)

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 Co-Rights Agents, the respective duties of the Rights Agent and any Co-Rights Agents shall be as the Company shall determine. The Company shall give desirable upon ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-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, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Cato Corp)

Appointment of Rights Agent. (a) 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 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days' prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights AgentsAgent. The Rights Agent shall have no duty to supervise, and shall in no event 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 agents shall be as the Company shall determine.

Appears in 1 contract

Samples: Rights Agreement (Vitesse Semiconductor 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 hereofof this Agreement, 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 10 days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall be in no event liable for acts or omissions of, any such co-Rights Agent. In the event the Company appoints one or more Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents shall be as the Company shall determine. The Company , and shall give ten (10) days’ prior written notice be mutually agreed to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of in writing by the Rights Agent and any such Co-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agent.

Appears in 1 contract

Samples: Rights Plan (Smith Electric Vehicles 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 . 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 (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 Agent and of any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Rights Agreement (Horizon Pharmacies 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 Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Coco-Rights Agents and the respective duties of the Rights Agent and any such Coco-Rights Agents. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such Coco-Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Tegal Corp /De/)

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 . 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 (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 Agent and of any Co-Rights Agents shall be as the Company shall determine. The Company shall give ten (10) days’ prior written notice to the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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: Rights Agreement (Horizon Pharmacies 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 (and no implied 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 Agents shall be as the Company shall determine. The Company shall give upon ten (10) days’ prior written notice to the Rights Agent of Agent. If the appointment of Company appoints one or more Coco-Rights Agents and rights agents, the respective duties of the Rights Agent and any co-rights agent shall be as the Company shall determine, and the Company will notify, in writing, the Rights Agent and any co-rights agents of any such Co-Rights Agentsrespective duties. 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 Coco-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Jazz Pharmaceuticals PLC)

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 ten days' prior written notice to the Rights Agent. 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 Coco-Rights Agents, the respective duties of the Rights Agent and any Coco-Rights Agents Agent shall be as the Company shall determine. The Contemporaneously with such appointment, if any, the Company shall give ten (10) days’ prior written notice to notify the Rights Agent of the appointment of one or more Co-Rights Agents and the respective duties of the Rights Agent and any such Co-Rights Agents. 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 Agentthereof.

Appears in 1 contract

Samples: Rights Agreement (Beverly Enterprises Inc)

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