Evidence of Rights. Until the rights become exercisable: - The rights will be evidenced by and transferred with our common stock certificates; and - New common stock certificates issued after December 16, 1999 will contain a notation incorporating the Rights Agreement by reference; and - Any surrender for transfer of any certificates for our common stock will also constitute the transfer of the rights associated with the common stock represented by those certificates. As soon as practicable after the rights become exercisable, we will mail out rights certificates to the holders of our common stock who are eligible to receive rights. After we mail them out, the separate rights certificates alone will represent the rights.
Evidence of Rights. Seller also agrees that upon demand by Buyer it will submit any Contracts or Agreements covering the leases and/or xxxxx connected to Buyer’s Gathering System or such other documents as may be necessary to satisfy Buyer that Seller has good and clear title to the Gas being conveyed hereunder. If Seller’s title is questioned, or involved in litigation, Buyer shall have the right to withhold payment without interest during the pendency of such claim or litigation until said title is freed from such question, but Buyer may so withhold payment under such circumstances only until Seller furnishes Buyer with a bond or surety acceptable to Buyer that will indemnify Buyer and hold Buyer harmless from any losses that may arise from Buyer having made and continuing to make payment to Seller.
Evidence of Rights. (a) (i) The Rights shall be evidenced by the certificates representing Common Shares registered in the names of the record holders thereof, (ii) the Rights shall be transferable only in connection with the transfer of the underlying Common Shares, and (iii) the surrender for transfer of any certificates evidencing Common Shares in respect of which Rights have been issued shall also constitute the transfer of the Rights associated with the Common Shares evidenced by such certificates.
Evidence of Rights. (a) On the Record Date or as soon as practicable thereafter, the Company will send a copy of a Summary of Rights to Purchase Common Stock, in substantially the form of Exhibit B hereto (the "Summary of Rights"), by first-class, postage prepaid mail, to each record holder of the Common Stock as of the close of business on the Record Date, at the address of such holder shown on the records of the Company. With respect to certificates for the Common Stock outstanding as of the Record Date, until the Distribution Date (or the earlier redemption, expiration or termination of the Rights), the Rights will be evidenced by such certificates for the Common Stock registered in the names of the holders of the Common Stock and the registered holders of the Common Stock shall also be registered holders of the associated Rights. Until the Distribution Date (or the earlier redemption, expiration or termination of the Rights), the surrender for transfer of any of the certificates for the Common Stock outstanding in respect of which Rights have been issued shall also constitute the transfer of the Rights associated with the Common Stock represented by such certificate.
Evidence of Rights. 6 2.2 Exercise of Rights; Separation of Rights...............................................7 2.3 Adjustments to Exercise Price; Number of Rights........................................9 2.4 Date on Which Exercise is Effective...................................................10 2.5 Execution, Authentication, Delivery and Dating of Rights Certificates.................10 2.6 Registration, Registration of Transfer and Exchange...................................11 2.7 Mutilated, Destroyed, Lost and Stolen Rights Certificates.............................11 2.8 Persons Deemed Owners.................................................................12 2.9 Delivery and Cancellation of Certificates.............................................12 2.10
Evidence of Rights. 4 Section 4. Effect of Maturity Time. . . . . . . . . . . . . . . . . . 5 Section 5. Covenants of the Company and the Spin-Off Entity . . . . . 6
Evidence of Rights of Holders (a) Any request, direction, notice, consent or other instrument which this Indenture may require or permit to be signed or executed by the Holders may be in any number of concurrent instruments of similar tenor signed or executed by such Holders. Proof of the execution of any such request, direction, notice, consent or other instrument or of a writing appointing any such attorney will be sufficient for any purpose of this Indenture if the fact and date of the execution by any Person of such request, direction, notice, consent or other instrument or writing may be proved by the certificate of any notary public, or other officer authorized to take acknowledgements of deeds to be recorded at the place where such certificate is made, that the Person signing such request, direction, notice, consent or other instrument or writing acknowledged to such notary public or other officer the execution thereof, or by an affidavit of a witness of such execution or in any other manner which the Trustee may consider adequate. (b) Notwithstanding Section 10.14(a), the Trustee may, in its discretion, require proof of execution in cases where it deems proof desirable and may accept such proof as it shall consider proper. ARTICLE 11
Evidence of Rights. 10 2.4 Issuance of Rights Certificates...........................................11 2.5
Evidence of Rights. (a) Until the Separation Time, and subject to the provisions of subsections (b) and (c) below and Section 3.2, the Rights shall be evidenced by the certificates representing shares of Common Stock registered in the names of the holders thereof, and not by separate certificates.
Evidence of Rights. Until the Distribution Date, (1) with respect to holders of Common Shares (i) the Rights (unless earlier expired, redeemed or terminated) will be evidenced (subject to the provisions of Section 3(b) and Section 3(c)) by the certificates for Common Shares registered in the names of the holders thereof or, in the case of uncertificated Common Shares registered in book entry form (“Book Entry Shares”), by notation in accounts reflecting the ownership of such Common Shares (which certificates and Book Entry Shares, as applicable, will also be deemed to be Rights Certificates) and not by separate Rights Certificates; and (ii) the Rights (and the right to receive Rights Certificates) will be transferable only in connection with the transfer of the underlying Common Shares (including a transfer to the Company) and (2) with respect to holders of Convertible Securities, (i) the Rights (unless earlier expired, redeemed or terminated) will be evidenced by the Convertible Securities (which Convertible Securities will also be deemed to be Rights Certificates) and not by separate Rights Certificates, (ii) the Rights will be subject to the terms and conditions contained in the Convertible Securities and (iii) the Rights (and the right to receive Rights Certificates) will be transferable only in connection with the transfer of the underlying Convertible Securities. As soon as practicable after the Distribution Date, the Company will prepare and execute, the Rights Agent will countersign and the Company will send or cause to be sent (and the Rights Agent will, if requested, send) (by mailing, in accordance with Section 27 or by such means as may be selected by the Company) to each record holder of Common Shares and each holder of Convertible Securities as of the Close of Business on the Distribution Date (other than any Acquiring Person or any of its Affiliates or Associates), at the address of such holder shown on the transfer books of the Company or the transfer agent for the Common Shares, as applicable, one or more Rights Certificates evidencing (i) one Right for each Common Share so held or (ii) in the case of the Convertible Securities, the number of Rights as calculated in accordance with such Convertible Securities, subject to adjustment as provided herein. Issuance of a Rights Certificate to any Person will not preclude a later determination that all or part of the Rights represented thereby are null and void pursuant to Section 7(e). To the extent that a Section ...
