Common use of Cash in Lieu of Fractional Preferred Shares Clause in Contracts

Cash in Lieu of Fractional Preferred Shares. The Company shall not be required to issue fractions of Preferred Shares (other than fractions which are integral multiples of one one-hundredth of a Preferred Share) upon exercise or exchange of the Rights or to distribute certificates which evidence fractional Preferred Shares (other than fractions which are integral multiples of one one-hundredth of a Preferred Share). Interests in fractions of Preferred Shares in integral multiples of one one-hundredth of a Preferred Share may, at the election of the Company, be evidenced by depositary receipts, pursuant to an appropriate agreement between the Company and a depositary selected by it; PROVIDED, that such agreement shall provide that the holders of such depositary receipts shall have all the rights, privileges and preferences to which they are entitled as beneficial owners of the Preferred Shares represented by such depositary

Appears in 3 contracts

Samples: Rights Agreement (Parent Holding Corp), Rights Agreement (Avanir Pharmaceuticals), Rights Agreement (Hilton Hotels Corp)

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Cash in Lieu of Fractional Preferred Shares. The Company shall not be required to issue fractions of Preferred Shares (other than fractions which are integral multiples of one one-hundredth thousandth of a Preferred Share) upon exercise or exchange of the Rights or to distribute certificates which evidence fractional Preferred Shares (other than fractions which are integral multiples of one one-hundredth thousandth of a Preferred Share). Interests in fractions of Preferred Shares in integral multiples of one one-hundredth thousandth of a Preferred Share may, at the election of the Company, be evidenced by depositary depository receipts, pursuant to an appropriate agreement between the Company and a depositary depository selected by it; PROVIDED, that such agreement shall provide that the holders of such depositary depository receipts shall have all the rights, privileges and preferences to which they are entitled as beneficial owners of the Preferred Shares represented by such depositarydepository receipts. In lieu of fractional Preferred Shares that are not integral multiples of

Appears in 1 contract

Samples: Rights Agreement (Cohesion Technologies Inc)

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