Common use of Exchange Feature Clause in Contracts

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 12 contracts

Samples: Rights Agreement (Sorrento Therapeutics, Inc.), Rights Agreement (Sorrento Therapeutics, Inc.), Rights Agreement (Icahn Carl C)

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Exchange Feature. At any time after a person any Person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) % or more of the outstanding Common Stock, the Board of Directors may exchange the Rights (other than Rights owned by such person Person or group which will have become null and void), in whole or in part, at an exchange ratio rate of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or a combination of a share of a class cash, property, Common Stock or series of the Company’s preferred stock other securities having equivalent rights, preferences and privileges), an equal value) per Right (subject to adjustment).

Appears in 5 contracts

Samples: Rights Agreement (Prolong International Corp), Rights Agreement (Bristol Retail Solutions Inc), Rights Agreement (Bristol Retail Solutions Inc)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one (1) share of Common Stock, or one one-thousandth of a share of Series E Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 5 contracts

Samples: Tax Benefits Preservation Plan (Drive Shack Inc.), Tax Benefits Preservation Plan (Drive Shack Inc.), Tax Benefits Preservation Plan (Drive Shack Inc.)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such any person or group of fifty percent (50%) % or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 4 contracts

Samples: Rights Agreement (Essendant Inc), Rights Agreement (RR Donnelley & Sons Co), Rights Agreement (Essendant Inc)

Exchange Feature. At any time after a person any Person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) % or more of the outstanding Common Stock, the Board of Directors may exchange the Rights (other than Rights owned by such person Person or group which will have become null and void), in whole or in part, at an exchange ratio for Common Stock having a value equal to the exercise price (as adjusted) of one share of Common Stock, or one one-thousandth of a share of Preferred Stock the Right exchanged (or a combination of a share of a class cash, property, Common Stock or series of the Company’s preferred stock other securities having equivalent rights, preferences and privileges), per Right (subject to adjustmentan equal value).

Appears in 3 contracts

Samples: Rights Agreement (Cortex Pharmaceuticals Inc/De/), Rights Agreement (Neotherapeutics Inc), Rights Agreement (Computer Motion Inc)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one (1) share of Common Stock, or one one-thousandth of a share of Series B Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 3 contracts

Samples: Tax Benefits Preservation Plan (Triumph Group Inc), Tax Benefits Preservation Plan (Forestar Group Inc.), Tax Benefits Preservation Plan (CF Industries Holdings, Inc.)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one oneten-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 3 contracts

Samples: Rights Agreement (American Apparel, Inc), Rights Agreement (American Apparel, Inc), Rights Agreement (American Apparel, Inc)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one one-one-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s 's preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 2 contracts

Samples: Rights Agreement (Jakks Pacific Inc), Rights Agreement (Jakks Pacific Inc)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which that have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 2 contracts

Samples: Rights Agreement (Oshkosh Corp), Rights Agreement (A & B II, Inc.)

Exchange Feature. At any time after a any person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board of Directors may exchange the Rights (other than Rights owned by such person or group which will have become null and void), in whole or in part, at an exchange ratio rate of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or a combination of a share of a class cash, property, Common Stock or series of the Company’s preferred stock other securities having equivalent rights, preferences and privileges), an equal value) per Right (subject to adjustment).

Appears in 2 contracts

Samples: Rights Agreement (National Healthcare Corp), Rights Agreement (Cke Restaurants Inc)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one (1) share of Common Stock, or one one-thousandth of a share of Series D Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (ModusLink Global Solutions Inc)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one (1) share of Common Stock, or one one-thousandth of a share of Series A Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Cord Blood America, Inc.), Tax Benefits Preservation Plan (Cord Blood America, Inc.)

Exchange Feature. At any time after a any person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common StockStock by such person or group, the Corporation’s Board of Directors may exchange the Rights (other than Rights owned by such person or group which will have become null and void), in whole or in part, at an exchange ratio rate of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or a combination of a share of a class cash, property, Common Stock or series of the Company’s preferred stock other securities having equivalent rights, preferences and privileges), an equal value) per Right (subject to adjustmentadjustment under certain circumstances as described below).

Appears in 1 contract

Samples: Rights Agreement (Coast Distribution System Inc)

Exchange Feature. At any time after a person any Person becomes an Acquiring Person and prior to the acquisition by such person Person or group of fifty percent (50%) % or more of the outstanding Common Stock, the Board of Directors may exchange the Rights (other than Rights owned by such person Acquiring Person or group which will have become null and void), in whole or in part, at an exchange ratio rate of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or a combination of a share of a class cash, property, Common Stock or series of the Company’s preferred stock other securities having equivalent rights, preferences and privileges), an equal value) per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Microsemi Corp)

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Exchange Feature. At any time after a person Person becomes an Acquiring Person and prior to the acquisition by such person or group the Acquiring Person of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person Person or group its related parties which have become null and void), in whole or in part, for Common Stock or Preferred Stock at an exchange ratio of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Collectors Universe Inc)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which that have become null and void), in whole or in part, at an exchange ratio of for one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or or, in the Board’s discretion, shares of a share of a class or series capital stock of the Company’s preferred stock Company having equivalent essentially the same value or economic rights, preferences and privileges)cash, debt securities or other assets with equivalent value) per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Alexander & Baldwin Inc)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one one-thousandth of a share of Series B Junior Participating Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Iconix Brand Group, Inc.)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one (1) share of Common Stock, or one one-thousandth of a share of Series J Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Rite Aid Corp)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s 's preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Zoetis Inc.)

Exchange Feature. At any time after a person becomes an Acquiring Person Person, and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which that have become null and void), in whole or in part, for Common Stock at an exchange ratio of one share of Common Stock, or one one-thousandth hundredth of a share of Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Chicago Rivet & Machine Co)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board may exchange the Rights (other than Rights owned by such person or group which have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Baxalta Inc)

Exchange Feature. At any time after a any person becomes an Acquiring Person and prior to the acquisition by such person or group of fifty percent (50%) or more of the outstanding Common Stock, the Board of Directors may exchange the Rights (other than Rights owned by such person or group which will have become null and void), in whole or in part, at an exchange ratio rate of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or a combination of a share of a class cash, property, Common Stock or series of the Company’s preferred stock other securities having equivalent rights, preferences and privileges), an equal value) per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Cke Restaurants Inc)

Exchange Feature. At any time after a person becomes an Acquiring Person and prior to the acquisition by such person or group Acquiring Person of fifty percent (50%) % or more of the outstanding shares of Common Stock, the Board of Directors of the Company may exchange the Rights (other than Rights owned by such person or group any Acquiring Person which have become null and void), in whole or in part, at an exchange ratio of one share of Common Stock, or one one-thousandth of a share of Preferred Stock (or of a share of a class or series of the Company’s preferred stock having equivalent rights, preferences and privileges), per Right (subject to adjustment).

Appears in 1 contract

Samples: Rights Agreement (Searchlight Minerals Corp.)

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