Common use of Consolidation, Merger, etc Clause in Contracts

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 155 contracts

Samples: Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Tibco Software Inc), Preferred Stock Rights Agreement (Neomagic Corp)

AutoNDA by SimpleDocs

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 119 contracts

Samples: Tidewater (Tidewater Inc), Section 382 Rights Agreement (Gannett Co., Inc.), Rights Agreement (Lone Pine Resources Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 52 contracts

Samples: Rights Agreement (Hercules Offshore, Inc.), Rights Agreement (Hospira Inc), Rights Agreement (Encore Acquisition Co)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 34 contracts

Samples: Stockholders Rights Agreement (Diana Shipping Inc.), Stockholders Rights Agreement (Diana Containerships Inc.), Stockholders Rights Agreement (Aegean Marine Petroleum Network Inc.)

Consolidation, Merger, etc. In case the event that the Corporation shall enter into any consolidation, merger, combination combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or any other propertyproperty (payable in kind), then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to Section 2) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 16 contracts

Samples: Preferred Shares Rights Agreement (Nuance Communications, Inc.), Preferred Shares Rights Agreement (Bab, Inc.), Rights Agreement (Forward Industries Inc)

Consolidation, Merger, etc. In case the Corporation shall -------------------------- enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 13 contracts

Samples: Preferred Stock Rights Agreement (Palm Inc), Preferred Shares Rights Agreement (Santa Cruz Operation Inc), Preferred Stock Rights Agreement (Software Com Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 11 contracts

Samples: Shareholder Rights Plan (Realnetworks Inc), Shareholder Rights Plan (Realnetworks Inc), Rights Agreement (Polycom Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A B Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 11 contracts

Samples: Benefits Preservation Plan (CarParts.com, Inc.), Rights Agreement (QCR Holdings Inc), Rights Agreement (Occidental Petroleum Corp /De/)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(A) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 9 contracts

Samples: Rights Agreement (Hanesbrands Inc.), Rights Agreement (Exide Corp), Rights Agreement (Davel Communications Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination combination, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 8 contracts

Samples: Rights Agreement (Omega Protein Corp), Rights Agreement (Dawson Geophysical Co), Rights Agreement (Dawson Geophysical Co)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 8 contracts

Samples: Rights Agreement (New 360), Rights Agreement (Point 360), Rights Agreement (Eltron International Inc)

Consolidation, Merger, etc. In case the Corporation shall enter -------------------------- into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 7 contracts

Samples: Preferred Stock Rights Agreement (Catalytica Energy Systems Inc), Rights Agreement (Global Motorsport Group Inc), Preferred Stock Rights Agreement (Omnivision Technologies Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A D Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 6 contracts

Samples: Preferred Stock Rights Agreement (Intraware Inc), Preferred Stock Rights Agreement (Intraware Inc), Preferred Stock Rights Agreement (Sigma Designs Inc)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or or any other property, then in any such case the shares of Series A Participating B Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 (x) the Multiplier Number times (y) the aggregate amount of stock, securities, cash and/or or any other property (payable in kind)property, as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 6 contracts

Samples: Tax Benefits Preservation Plan (Steel Excel Inc.), Shareholder Rights Plan (Synovus Financial Corp), Shareholder Rights Plan (Synovus Financial Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A C Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 6 contracts

Samples: Rights Agreement (DHT Holdings, Inc.), Rights Agreement (Scientific Games Corp), Rights Agreement (Scientific Games Corp)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case event the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Credit Agreement, investor.cabot-corp.com, Rights Agreement (Puroflow Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Rights Agreement (United Natural Foods Inc), Rights Agreement (Harris Interactive Inc), Rights Agreement (BNC Mortgage Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(a) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Rights Agreement (Spherix Inc), Rights Agreement (Spherix Inc), Rights Agreement (Spherix Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating B Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(A) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Rights Agreement (Motorola Inc), Rights Agreement (Motorola Inc), Rights Agreement (Motorola Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A B Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Preferred Share Rights Agreement (Phoenix Technologies LTD), Preferred Share Rights Agreement (Phoenix Technologies LTD), Rights Agreement (Networks Associates Inc/)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or or any other property, then in any such case the shares of Series A Participating R Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 (x) the Multiplier Number times (y) the aggregate amount of stock, securities, cash and/or or any other property (payable in kind)property, as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Exchange Agreement (Citigroup Inc), Exchange Agreement (Citigroup Inc), Tax Benefits Preservation Plan (Citigroup Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 7 hereof) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock Share is changed or exchanged.

Appears in 5 contracts

Samples: Rights Agreement (Urstadt Biddle Properties Inc), Rights Agreement (Urstadt Biddle Properties Inc), Rights Agreement (Urstadt Biddle Properties Inc)

Consolidation, Merger, etc. (a) In case the event the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the event shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Rights Agreement (Transfinancial Holdings Inc), Rights Agreement (Labone Inc/), Rights Agreement (Labone Inc/)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A C Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Critical Path Inc), Shareholders Agreement (General Atlantic LLC), Preferred Stock Rights Agreement (Infospace Inc)

Consolidation, Merger, etc. In case If the Corporation shall enter enters into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any each such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Rights Agreement (Graphic Packaging International Corp), Rights Agreement (Eftc Corp/), Rights Agreement (Wild Oats Markets Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Rights Agreement (Quad Systems Corp /De/), Rights Agreement (C Cor Net Corp), Rights Agreement (CFM Technologies Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the outstanding shares of Series A Participating Preferred B Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Rights Agreement (Dynamics Research Corp), Rights Agreement (Dynamics Research Corp), Rights Agreement (Macrochem Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Junior Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Rights Agreement (First Priority Group Inc), Rights Agreement (3-D Geophysical Inc), Rights Agreement (3-D Geophysical Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating C Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Heliogen, Inc.), Rights Agreement (Tempest Therapeutics, Inc.), Rights Agreement (Neuronetics, Inc.)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 (x) the Multiplier Number times (y) the aggregate amount of stock, securities, cash and/or or any other property (payable in kind)property, as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Tax Benefits Preservation Plan (Pmi Group Inc), Tax Benefits Preservation Plan (Pmi Group Inc), Tax Benefits Preservation Plan (Triad Guaranty Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Pinnacle West Capital Corp), Rights Agreement (Pinnacle West Capital Corp), Rights Agreement (Sitel Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Junior Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

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

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or or any other property, then in any such case the shares of Series A Participating E Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 (x) the Multiplier Number times (y) the aggregate amount of stock, securities, cash and/or or any other property (payable in kind)property, as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Shareholder Rights Plan (Sterling Financial Corp /Wa/), Shareholder Rights Plan (Sterling Financial Corp /Wa/), Shareholder Rights Plan (Sterling Financial Corp /Wa/)

Consolidation, Merger, etc. In Notwithstanding anything to the contrary contained herein, in case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share share, subject to the provision for adjustment hereinafter set forth, equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.or

Appears in 3 contracts

Samples: Rights Agreement (Centennial Technologies Inc), Rights Agreement (Centennial Technologies Inc), Rights Agreement (Alnylam Pharmaceuticals, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination combination, exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share share, subject to the provision for adjustment set forth in Section 8, equal to 1,000 1000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Anteon International Corp), Rights Agreement (Foamex International Inc), Rights Agreement (Anteon International Corp)

Consolidation, Merger, etc. In case the Corporation corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating No Par Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Electro Scientific Industries Inc), Rights Agreement (Electro Scientific Industries Inc), Rights Agreement (Electro Scientific Industries Inc)

Consolidation, Merger, etc. In case If the Corporation shall enter enters into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any each such case the shares of Series A Participating Preferred B Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Napro Biotherapeutics Inc), Rights Agreement (Capital Associates Inc), Rights Agreement (Napro Biotherapeutics Inc)

Consolidation, Merger, etc. In case the event that the Corporation shall enter into any consolidation, merger, combination combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or any other propertyproperty (payable in kind), then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to Section 2) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Tax Benefit Preservation Plan (Remark Media, Inc.), Tax Benefit Preservation Plan (Aetrium Inc), Tax Benefit Preservation Plan (Aetrium Inc)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Shareholders’ Rights Agreement (United Maritime Corp), Shareholders Rights Agreement (United Maritime Corp), Shareholders Rights Agreement (Seanergy Maritime Holdings Corp.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share share, subject to the provision for adjustment hereinafter set forth, equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.. In the event the Corporation shall at any time declare or pay any dividend on the Common Stock payable in shares of Common Stock, or effect a subdivision or combination or consolidation of the outstanding shares of Common Stock (by

Appears in 3 contracts

Samples: Rights Agreement (Netsilicon Inc), Rights Agreement (Netsilicon Inc), Rights Agreement (Netsilicon Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating 1 Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 100 times the aggregate amount of stock, . securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement This Agreement (Waterlink Inc), Rights Agreement This Agreement (Waterlink Inc), Rights Agreement (Waterlink Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A B Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Depomed Inc), Rights Agreement (Wave Technologies International Inc), Rights Agreement (Wave Technologies International Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the outstanding shares of Series A Participating Preferred F Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Enterasys Networks Inc /De/), Rights Agreement (Enterasys Networks Inc /De/)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2A hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

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

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Mortons Restaurant Group Inc), Rights Agreement (Cabot Oil & Gas Corp)

Consolidation, Merger, etc. In case the event that the Corporation shall enter into any consolidation, merger, combination combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or any other propertyproperty (payable in kind), then in any such case the shares of Series A B Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to Section 2) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Digirad Corp), Preferred Stock Rights Agreement (Woodward, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Culp Inc), Rights Agreement (Culp Inc)

Consolidation, Merger, etc. In case the Corporation shall -------------------------- enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the outstanding shares of Series A Participating Preferred B Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 10 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Dynamics Research Corp), Rights Agreement (Dynamics Research Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then then, in any each such case the shares case, each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share share, subject to the provision for adjustment hereinafter set forth, equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.. In the event the Corporation shall at any time

Appears in 2 contracts

Samples: Rights Agreement (Florida Rock Industries Inc), Rights Agreement (Florida Rock Industries Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of the Series A Participating B Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the product of the Series B Multiple then in effect times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Rawlings Sporting Goods Co Inc), Rights Agreement (Quest Resource Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Junior Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Oak Industries Inc), Rights Agreement (Oak Industries Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Series A Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Series A Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Discovery Holding CO), Rights Agreement (Ascent Media CORP)

Consolidation, Merger, etc. In case If the Corporation shall enter enters into any consolidation, merger, combination combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or or any other propertyproperty (payable in kind), then in any such case the shares of Series A Participating Preferred Stock shall will at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Forte Biosciences, Inc.), Preferred Stock Rights Agreement (Twitter, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Plan and Rights Agreement (Mathstar Inc), Rights Agreement (Ariad Pharmaceuticals Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.at

Appears in 2 contracts

Samples: Rights Agreement (Verity Inc \De\), Rights Agreement (Verity Inc \De\)

Consolidation, Merger, etc. In case If the Corporation shall enter enters into any consolidation, merger, combination amalgamation, arrangement, combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or or any other propertyproperty (payable in kind), then in any such case the shares of Series A B Participating Preferred Stock shall will at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Zymeworks Delaware Inc.), Preferred Stock Rights Agreement (Zymeworks Delaware Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, or otherwise changed, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.amount

Appears in 2 contracts

Samples: Rights Agreement (Phoenix Companies Inc/De), Rights Agreement (Principal Financial Group Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Genesis Healthcare, Inc.), Rights Agreement (Corelogic, Inc.)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Stockholders Rights Agreement (Navios Maritime Holdings Inc.), Stockholders Rights Agreement (Navios Maritime Holdings Inc.)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination combination, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Centerpoint Energy Inc), Rights Agreement (Centerpoint Energy Inc)

AutoNDA by SimpleDocs

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A R Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock Shares is changed or exchanged.

Appears in 2 contracts

Samples: Shareholders Rights Agreement, Shareholders Rights Agreement (Seaspan CORP)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination reorganization, or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares Conversion Rights of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per modified such that upon Conversion of a share equal to 1,000 of Series A Preferred Stock the holder shall receive the product of the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Management Services Agreement (Healthtech Solutions, Inc./Ut), Management Services Agreement (Predictive Technology Group, Inc.)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Liveperson Inc), Tax Benefits Preservation Plan (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are is exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock common Share is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Merix Corp), Rights Agreement (Merix Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock Shares is changed or exchanged.

Appears in 2 contracts

Samples: Shareholders Rights Agreement (Seaspan CORP), Shareholders Rights Agreement (Seaspan CORP)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A B Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Community Partners Bancorp), Preferred Stock Rights Agreement (Miravant Medical Technologies)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Stockholder Rights Agreement (Tvi Corp), Rights Agreement (Edgar Online Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Junior Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (ABX Holdings, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Series C Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating C Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Series C Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Discovery Holding CO), Rights Agreement (Ascent Media CORP)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Reliant Resources Inc), Rights Agreement (Reliant Resources Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Junior Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(A) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Strategic Hotels & Resorts, Inc), Rights Agreement (Strategic Hotels & Resorts, Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock common stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating C-1 Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 10,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock common stock is changed or exchanged., plus accrued and unpaid dividends, if any, payable with respect to the Series C-1

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Avant Immunotherapeutics Inc), Shareholder Rights Agreement (Avant Immunotherapeutics Inc)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Shareholders Rights Agreement (Genco Shipping & Trading LTD), Shareholders Rights Agreement (Genco Shipping & Trading LTD)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Series B Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating B Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Series B Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Discovery Holding CO), Rights Agreement (Ascent Media CORP)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination combin- ation or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock shares or securities, cash and/or or any other property, then in any such case the then outstanding shares of Series A Junior Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Formula Number then in effect times the aggregate amount of stockshares, securities, cash and/or or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock Shares is changed exchanged or exchangedchanged.

Appears in 2 contracts

Samples: Rights Agreement (Recoton Corp), Rights Agreement (Recoton Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating H Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Nutrition 21 Inc), Rights Agreement (Nutrition 21 Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A H Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Navidea Biopharmaceuticals, Inc.), Rights Agreement (iGo, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 1000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.,

Appears in 2 contracts

Samples: Rights Agreement (Conoco Inc /De), Rights Agreement (Conoco Inc /De)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating F Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of capital stock, securities, cash and/or any other property (payable in kind), as the case may be, into for which or for into which each share of Common Stock is changed exchanged or exchangedchanged.

Appears in 1 contract

Samples: Rights Agreement (BioSig Technologies, Inc.)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for for, or changed into other stock or securitiesinto, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Preference Stock shall at the same time be similarly exchanged exchanged, or changed changed, in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stockproperty into which, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which which, each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Southeastern Michigan Gas Enterprises Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the outstanding shares of Series A Participating Preferred Junior Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Cytotherapeutics Inc/De)

Consolidation, Merger, etc. In case the Corporation --------------------------- shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(A) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Wesley Jessen Visioncare Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged. 8.

Appears in 1 contract

Samples: Rights Agreement Rights Agreement (Lifevantage Corp)

Consolidation, Merger, etc. In case the Corporation corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Reclassification Agreement (BESSEMER TRUST Co NATIONAL ASSOCIATION)

Consolidation, Merger, etc. In case the Corporation corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Ciphergen Biosystems Inc)

Consolidation, Merger, etc. In Notwithstanding anything to the contrary contained herein, in case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.the

Appears in 1 contract

Samples: Rights Agreement (Oravax Inc /De/)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Information Advantage Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination combi- nation or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A E Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.per

Appears in 1 contract

Samples: Rights Agreement (First Virginia Banks Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed converted into other stock or securities, cash and/or any other property, then in any such case the shares Units of Series A Participating Preferred Stock shall at the same time be similarly exchanged for or changed in converted into an amount per share Unit (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.C-4

Appears in 1 contract

Samples: Rights Agreement (Evofem Biosciences, Inc.)

Consolidation, Merger, etc. In case the Corporation shall -------------------------- enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Junior Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into int which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Advanced Radio Telecom Corp)

Consolidation, Merger, etc. In case the Corporation shall enter -------------------------- into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Intertrust Technologies Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share to be received in the transaction by a holder of Common Stock is changed or exchangedthe Reference Package.

Appears in 1 contract

Samples: Rights Agreement (Stanley Furniture Co Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share equal (subject to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or provision for which each share of Common Stock is changed or exchanged.adjustment

Appears in 1 contract

Samples: Rights Agreement (THQ Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A D Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Jarden Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating B Junior Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (National Wireless Holdings Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Cephalon Inc)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, amalgamation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed converted into other stock shares or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed converted in an amount per share equal to 1,000 times the aggregate amount of stockshares, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock Share is changed converted or exchanged.

Appears in 1 contract

Samples: Preferred Share Rights Agreement (Interwave Communications International LTD)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the then outstanding shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Formula Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Chesapeake Utilities Corp)

Consolidation, Merger, etc. In case the Corporation shall enter --------------------------- into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the outstanding shares of Series A Participating Preferred D Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 1000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Boston Life Sciences Inc /De)

Time is Money Join Law Insider Premium to draft better contracts faster.