Common use of Exercise of Rights; Purchase Price; Expiration Date of Rights Clause in Contracts

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares of Common Stock (or other securities or property, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close of business on April 27, 2009 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 3 contracts

Samples: Rights Agreement (Fulton Financial Corp), Rights Agreement (Fulton Financial Corp), Rights Agreement (Fulton Financial Corp)

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Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares of Common Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on October 31, 2009, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 3 contracts

Samples: Rights Agreement (Sierra Pacific Resources /Nv/), Rights Agreement (Sierra Pacific Resources), Rights Agreement (Sierra Pacific Resources)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., Princeton, New Jersey time, on July 6, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date")), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

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

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on May 30, 2012, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (O Reilly Automotive Inc), Rights Agreement (O Reilly Automotive Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandth (1/1000) of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., California time, on May 30, 2013, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the "Board of Directors, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Liberate Technologies), Rights Agreement (Liberate Technologies)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., California time, on March 1, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the Board of Directors, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

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

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on December 12, 2010, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Sybron International Corp), Rights Agreement (Sybron International Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after, but not before, the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one ten-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on November 22, 2010, or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), ) or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Internet Capital Group Inc), Rights Agreement (Internet Capital Group Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on February 20, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Dendrite International Inc), Rights Agreement (Dendrite International Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on March 2, 2016, or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"”)), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof or (iii) the time at which the Rights may be exchanged as provided in Section 24 hereof (the earlier of (i), (ii) and (iiiii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Donaldson Co Inc), Rights Agreement (Donaldson Co Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close of business 5:00 P.M. New York City time on April 27December 2, 2009 or such later date as may be established by the Board of Directors prior to the expiration of the Rights (such date, as may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, (iii) the time at which such Rights are exchanged pursuant to Section 24 hereof and (iv) the time at which all of the Rights expire pursuant to Section 13(d) hereof (the earlier earliest of (i), (ii), (iii) and (iiiv) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Chicago Rivet & Machine Co), Rights Agreement (Chicago Rivet & Machine Co)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on June 4, 2008, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Fortress Investment Corp), Rights Agreement (Newcastle Investment Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iiill(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one two-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City Time, on September 29, 2007, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date")), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement (Marsh & McLennan Companies Inc), Rights Agreement (Marsh & McLennan Companies Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on December 14, 2008, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 2 contracts

Samples: Rights Agreement Rights Agreement (Cell Pathways Holdings Inc), Rights Agreement Rights Agreement (Cell Pathways Holdings Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one three-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on December 31, 2007, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Deere & Co)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on June 24, 2014, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Jackson Hewitt Tax Service Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and hereof, at any time after, but not before, the last sentence of Section 23(a) hereofDistribution Date, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one ten-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on January 31, 2021, or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 (as it may be extended by the "Board, the “Final Expiration Date"), ”) or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Adolor Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and of this Agreement, at any time after the last sentence of Section 23(a) hereof, Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereofof this Agreement) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close Close of business Business, on April 27July 9, 2009 2011, or such later date as may be established by the Board of Directors prior to the expiration of the Rights (such date, as it may be extended by the Board, the ("Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 hereof and Section 24 of this Agreement (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Shareholder Rights Agreement (Versicor Inc /Ca)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on _________, 2010, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (SDS Holding Co)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on November 1, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (United National Bancorp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares of Common Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier earliest of (i) the close of business on April 2726, 2009 2011 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, (iii) the time at which such Rights are exchanged pursuant to Section 24 hereof or (iv) the consummation of a transaction contemplated by Section 13(d) hereof (the earlier earliest of (i), (ii), (iii) and (iiiv) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Trism Inc /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on , 2014, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Jackson Hewitt Tax Service Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on July 21, 2015, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof or (iii) the time at which the Rights may be exchanged as provided in Section 24 hereof (the earlier of (i), (ii) and (iiiii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (CF Industries Holdings, Inc.)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on February 22, 2015, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Wright Express CORP)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein herein, including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on November 14, 2022, (or such later date as may be established by the close Board of business on April 27, 2009 Directors prior to the expiration of the Rights) (such date the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Hemispherx Biopharma Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on June __, 2012, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Newcastle Investment Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, the registered record holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, along with a signature guarantee and such other and further documentation as the Rights Agent may reasonably request, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of a share of Preferred Stock (or, following the occurrence of a Triggering Event, Common Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close of business on April 27November 21, 2009 2006 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the "Redemption Date") (the earlier of (i) the Final Expiration Date and (ii) the Redemption Date being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Cerner Corp /Mo/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on November 2, 2017, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at 11 which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Fremont General Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on September 30, 2017, or such earlier or later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"”)), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Eagle Bulk Shipping Inc.)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one ten-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on February 3, 2015, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the "Board, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Calgon Carbon Corporation)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., Redwood City, California time, on August 18, 2010, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date")), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Phone Com Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on July 21, 2015, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof or (iii) the time at which the Rights may be exchanged as provided in Section 24 hereof (the earlier of (i), (ii) and (iiiii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (CF Industries Holdings, Inc.)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one ten-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on March 30, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Veeco Instruments Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to before the earlier of (i) 5:00 p.m., New York City time, on the close tenth anniversary of business on April 27the date of the consummation of the initial public offering of the Common Stock of the Company, 2009 or such later date as may be established by the Board of Directors before the expiration of the Rights (such date, as it may be extended by the Board, the ("Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Homeservices Com Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof properly completed and duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on November 2, 2020, or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Real Industry, Inc.)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, including the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, and an amount equal to any tax or charge required to be paid by the holder under Section 9(e), at or prior to the earlier of (i) 5:00 P.M., New York City time, on June 18, 2015, or such earlier or later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 (as it may be advanced or extended by the "Board, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (News Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one ten-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on May 12, 2016, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Isolagen Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., Houston, Texas time, on September 3, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the Board of Directors, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Compaq Computer Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close of business 5:00 p.m., New York City time, on April 2719, 2009 2011 or such later date as may be established by the Board of Directors prior to the expiration of the Rights (such date, as it may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Ramtron International Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close of business 5:00 p.m. New York City time on April January 27, 2009 2010 or such later date as may be established by the Board of Directors prior to the expiration of the Rights (such date, as may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, or (iii), the time at which such Rights are exchanged pursuant to Section 24 hereof (the earlier earliest of clauses (i), (ii) and (iiiii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Prism Financial Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares of Common Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close of business on April 27August 25, 2009 2008 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Shareholder Rights Agreement (Lamar Capital Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, including the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executedexecuted and properly completed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier earliest of (i) 5:00 P.M., New York City time, on November 7, 2018 or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 (as it may be extended by the "Board, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, or (iii) the time at which the Rights may be exchanged as provided in Section 24 hereof, or (iv) the time at which all of the Rights expire pursuant to Section 13(d) hereof (the earlier earliest of (i), (ii), (iii) and (iiiv) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Sorrento Therapeutics, Inc.)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on June 13, 2018, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (CPEX Pharmaceuticals, Inc.)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to before the earlier of (i) 5:00 p.m., New York City time, on the close tenth anniversary of business on April 27the date of the consummation of the initial public offering of the Common Stock of the Company, 2009 or such later date as may be established by the Board of Directors before the expiration of the Rights (such date, as it may be extended by the Board, the ("Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Homeservices Com Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and of this Agreement, at any time after the last sentence of Section 23(a) hereof, Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereofof this Agreement) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on July 30, 2009, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 hereof and Section 24 of this Agreement (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Shareholder Rights Agreement (Apex Mortgage Capital Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on October 18, 2008, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Bethlehem Steel Corp /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on December 21, 2015, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof or (iii) the time at which the Rights may be exchanged as provided in Section 24 hereof (the earlier of (i), (ii) and (iiiii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (SFBC International Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 p.m., New York City time, on September 26, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged, as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (National Auto Credit Inc /De)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on December 11, 2010, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Sybron Dental Specialties Inc)

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Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier earliest of (i) 5:00 P.M., Chicago, Illinois time, on August 6, 2016, or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 (as it may be extended by the "Board, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof or (iii) the time at which the Rights may be exchanged as provided in Section 24 hereof (the earlier earliest of (i), (ii) and (iiiii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Ball Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on July 17, 2016, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Affordable Residential Communities Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier earliest of (i) 5:00 P.M., New York City time, on August 4, 2014, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the "Board, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, or (iii) the time at which the Rights may be exchanged as provided in Section 24 hereof or (iv) the time at which all of the Rights expire pursuant to Section 13(d) hereof (the earlier earliest of (i), (ii), (iii) and (iiiv) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Unitrin Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., Charlotte, North Carolina time, on February 6, 2006, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Personnel Group of America Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares of Common Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close of business on April 278, 2009 2006 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Shareholder Rights Agreement (Ferro Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on September 28, 2009, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Jackson Hewitt Tax Service Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, including the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, and an amount equal to any tax or charge required to be paid by the holder under Section 9(e), at or prior to the earlier of (i) 5:00 P.M., New York City time, on June 18, 2021, or such earlier or later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 (as it may be advanced or extended by the "Board, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (News Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii11(a)(ii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on November__, 2011, or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or ; (ii) the time at which the right to exercise the Rights are redeemed as provided in terminates pursuant to Section 23 hereof; or (iii) the time at which the right to exercise the Rights terminates pursuant to Section 24 hereof (the earlier earliest of (i), (ii) and (iiiii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Weight Watchers International Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on October 16, 2012, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Newcastle Investment Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier earliest of (i) 5:00 P.M., New York City time, on August 4, 2014, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, or (iii) the time at which the Rights may be exchanged as provided in Section 24 hereof or (iv) the time at which all of the Rights expire pursuant to Section 13(d) hereof (the earlier earliest of (i), (ii), (iii) and (iiiv) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Unitrin Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one ten-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on November 9, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Ceridian Corp /De/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on September 30, 2017, or such earlier or later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date")), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Eagle Bulk Shipping Inc.)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and of this Agreement, at any time after the last sentence of Section 23(a) hereof, Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereofof this Agreement) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on September 6, 2009, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 hereof and Section 24 of this Agreement (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Shareholder Rights Agreement (Golf Trust of America Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one ten-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on [______][__], 2014, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Angiodynamics Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii11(a)(ii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on November 19, 2011, or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or ); (ii) the time at which the right to exercise the Rights are redeemed as provided in terminates pursuant to Section 23 hereof; or (iii) the time at which the right to exercise the Rights terminates pursuant to Section 24 hereof (the earlier earliest of (i), (ii) and (iiiii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Weight Watchers International Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein includingherein, without limitation, including the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) ), in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, and an amount equal to any tax or charge required to be paid by the holder under Section 9(e) hereof, at or prior to the earlier of (i) 11:59 P.M., New York City time, on September 21, 2021, or such earlier or later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 (as it may be advanced or extended by the "Board, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: The Fourth (News Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on February 5, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Praecis Pharmaceuticals Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executedexecuted and properly completed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier earliest of (i) 5:00 P.M., New York City time, on July 23, 2008, or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 (as it may be extended by the "Board, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof, or (iii) the time at which the Rights may be exchanged as provided in Section 24 hereof, or (iv) the time at which all of the Rights expire pursuant to Section 13(d) hereof (the earlier earliest of (i), (ii), (iii) and (iiiv) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Navistar International Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced represented thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., Eastern Standard time, on November 11, 2008, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Essex Property Trust Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one ten-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on May 26, 2014, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the Board, the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Angiodynamics Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof properly completed and duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one- millionths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, and an amount equal to any tax or charge required to be paid under Section 9(e) hereof, by certified check, cashier's check, bank draft or money order at or prior to the earlier of (i) 5:00 P.M., New York City time, on August 24, 2019, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board of Directors, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Cit Group Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and hereof, at any time after the last sentence of Section 23(a) hereofDistribution Date, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a24(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof properly completed and duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on May 1, 2014, or such later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 as it may be extended by the Board (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Barry R G Corp /Oh/)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., California time, on March 1, 2011, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 (as it may be extended by the "Board of Directors, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Yahoo Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on , 2015, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Wright Express CORP)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on June ___, 2018, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (CPEX Pharmaceuticals, Inc.)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on August 5, 2007, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Autoliv Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one three-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City Time, on September 29, 2007, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date")), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Marsh & McLennan Companies Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on the close tenth anniversary of business on April 27the date of the consummation of the initial public offering of the Common Stock of the Company, 2009 or such later date as may be established by the Board of Directors prior to the expiration of the Rights (such date, as it may be extended by the Board, the ("Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Cyber Dialogue Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and hereof, at any time after the last sentence of Section 23(a) hereofDistribution Date, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein herein, including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) ), in whole or in part at any time after the Distribution Date part, upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) 5:00 P.M., New York City time, on May 18, 2010, or such later date as may be established by the close Board of business on April 27Directors prior to the expiration of the Rights (such date, 2009 as it may be extended by the Board, the (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Taylor Ann Stores Corp)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and of this Agreement, at any time after the last sentence of Section 23(a) hereof, Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereofof this Agreement) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-hundredths of Common Stock a share (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close Close of business Business, on April 27__________ __, 2009 2010, or such later date as may be established by the Board of Directors prior to the expiration of the Rights (such date, as it may be extended by the Board, the ("Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 hereof and Section 24 of this Agreement (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Shareholder Rights Agreement (Versicor Inc /Ca)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii11(a)(iv) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares of Common Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, at or prior to the earlier of (i) the close of business on April 27October 26, 2009 2005 (the "Final Expiration Date"), or (ii) the time at which the Rights are redeemed as provided in Section 23 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (Medex Inc)

Exercise of Rights; Purchase Price; Expiration Date of Rights. (a) Subject to Section 7(e) and the last sentence of Section 23(a) hereof, at any time after the Distribution Date the registered holder of any Rights Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein including, without limitation, including the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii) and Section 13(a23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Rights Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Purchase Price with respect to the total number of shares one one-thousandths of Common a share of Preferred Stock (or other securities securities, cash or propertyother assets, as the case may be) as to which such surrendered Rights are then exercisable, and an amount equal to any tax or charge required to be paid by the holder under Section 9(e), at or prior to the earlier of (i) 5:00 P.M., New York City time, on June 18, 2022, or such earlier or later date as may be established by the close Board prior to the expiration of business on April 27the Rights (such date, 2009 (as it may be advanced or extended by the "Board, the “Final Expiration Date"), or (ii) the time at which the Rights are redeemed or exchanged as provided in Section 23 and Section 24 hereof (the earlier of (i) and (ii) being herein referred to as the "Expiration Date").

Appears in 1 contract

Samples: Rights Agreement (News Corp)

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