Common use of Deferred Issuance Clause in Contracts

Deferred Issuance. In any case in which this Section 11 shall ----------------- require that an adjustment in the Purchase Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event the issuing to the holder of any Right exercised after such record date of the Preferred Shares and other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Preferred Shares and other capital stock or securities of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; provided, however, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Amgen Inc)

AutoNDA by SimpleDocs

Deferred Issuance. In any case in which this Section 11 shall ----------------- require that an adjustment in the Purchase Price be made effective as of a record date for a specified event, the Company may elect (with prompt written notice to the Rights Agent) to defer until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date of the that number of Preferred Shares and shares of other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Preferred Shares and shares of other capital stock or securities other securities, assets or cash of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Hilton Hotels Corp)

Deferred Issuance. In any case in which this Section 11 shall ----------------- require that an adjustment in the Purchase Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event the issuing to the holder of any Right exercised after such record date of the Preferred Shares and other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Preferred Shares and other capital stock or securities of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; provided, however, that the Company shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional shares upon the occurrence of the event requiring such adjustment.'s

Appears in 1 contract

Samples: Rights Agreement (Hyseq Inc)

AutoNDA by SimpleDocs

Deferred Issuance. In any case in which this Section 11 shall ----------------- require that an adjustment in the Purchase Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event the issuing issuance to the holder of any Right exercised after such record date the shares of the Preferred Shares Stock and other capital stock securities, cash or securities property of the Company, if any, issuable upon such exercise over and above the shares of Preferred Shares Stock and other capital stock securities, cash or securities property of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional shares (fractional or otherwise) or other securities, cash or property upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Arbor Health Care Co /De/)

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