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

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to Section 7(e) hereof, the registered holder of any Right ------ Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent in New York, New York, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Stock as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on November 18, 2006 (the "Final - Expiration Date"), (ii) the time at which the Rights are redeemed as provided in -- Section 23 hereof, (iii) the time at which the Rights are exchanged as provided --- in Section 23A hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Date").

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to Section 7(e) hereof, the registered holder of any Right ------ Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date upon surrender of the Right 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 in New York, New Yorkdesignated for such purpose, together with payment of the aggregate Purchase Price for each the total number of one one-thousandth thousandths of a share of Preferred Stock Share (or other securities, as the case may be) as to which the such surrendered Rights are exercised, at or prior to the earliest of (i) the Close of Business on November 18October 31, 2006 2008 (the "Final - Expiration ---------------- Date"), (ii) the time at which the Rights are redeemed as provided in -- Section 23 hereof, ---- hereof (the "Redemption Date"); (iii) the time at which the Rights are exchanged --------------- as provided --- in Section 23A 24 hereof, or (iv) the time at which the Rights expire pursuant to -- consummation of a transaction contemplated by Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Date")hereof.

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to Section 7(e) hereofExcept as otherwise provided herein, the Rights shall become ------ exercisable on the Distribution Date, and thereafter the registered holder of any Right ------ Certificate may may, subject to Section 11(a)(ii) hereof and except as otherwise provided herein, exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or agency of the Rights Agent in New York, New Yorkdesignated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a share of Preferred Stock as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) the Close close of Business business on November 18March 6, 2006 (the "Final - Expiration Date"), (ii) the time at which the Rights are redeemed as provided in -- Section 23 hereof, hereof (the "Redemption Date") or (iii) the time at which the such Rights are exchanged as provided --- in Section 23A 24 hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Date").

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to Section 7(e) hereofExcept as otherwise provided herein, the Rights shall become ------ exercisable on the Distribution Date, and thereafter the registered holder of any Right ------ Certificate may may, subject to Section 11(a)(ii) hereof and except as otherwise provided herein, exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office or agency of the Rights Agent in New York, New Yorkdesignated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Stock the Units as to which the Rights are exercised, at or any time which is both after the Distribution Date and prior to the earliest of (i) the Close close of Business business on November 18April 8, 2006 2007 (the "Final - ----- Expiration Date"), (ii) the time at which the Rights are redeemed as provided in -- --------------- Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which the such Rights --------------- are exchanged as provided --- in Section 23A hereof, or 24 hereof and (iv) immediately prior to the time at which Effective Time of the Rights expire pursuant to -- Section 13(d) hereof Merger (as defined in the earliest Agreement and Plan of such times being herein referred to as the "Expiration Date"Conversion).

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to Section 7(e) hereof11(a)(ii), the registered holder of any Right Rights ------ Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein, including, without limitation, the restrictions on exercisability set forth in Xxxxxxx 0, Xxxxxxx 00(x)(xxx) and Section 23(a)), in whole or in part part, at any time after the Distribution Date Date, upon surrender of the Right such Rights Certificate, with the form Form of election Election to purchase Purchase and certificate Certification of Status on the reverse side thereof duly executed, to the Rights Agent at the principal designated office of the Rights Agent, along with a signature guarantee and such other and further documentation as the Rights Agent in New York, New Yorkmay reasonably request, together with payment of the Purchase Price for each one one-thousandth hundredth of a share of Preferred Stock (or such other securities, cash or assets, as the case may be) as to which the Rights are then being exercised, at or prior to the earliest of (i) the Close of Business on November 18December 31, 2006 2010 (the "Final - Expiration Date"), (ii) the time at which the Rights are redeemed as provided in -- Section 23 hereof(the "Redemption Date"), and (iii) the time at which the such Rights are exchanged as provided --- in Section 23A hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Date")24.

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. ------ (a) Subject to Section 7(e) hereof, the registered holder of any Right ------ Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent in New York, New Yorkdesignated for such purpose, together with payment of the Purchase Price with respect to each surrendered Right for each one one-thousandth of a share the total number of Preferred Stock Shares (or other securities or property, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on November 18December 1, 2006 2007 (the "Final - Expiration Date"), (ii) the time at which the Rights are redeemed as provided in -- Section 23 hereof, (iii) the time at which the Rights are exchanged as provided --- in Section 23A hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest "Redemption Date") (the earlier of such times (i) and (ii) being herein referred to as the "Expiration Date")) and (iii) the time at which such Rights are exchanged as provided in Section 24 hereof.

Exercise of Rights; Purchase Price. Expiration ---------------------------------------------- Date of ------------------------------------------------------ Rights. (a) Subject to Section 7(e) hereof, The Rights are not exercisable until the -------------- Distribution Date. The registered holder of any Right ------ Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time on or after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and certificate certification on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent in New York, New Yorkdesignated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a share of Preferred Stock Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close close of Business business on November 18December 1, 2006 2009 (the "Final - Expiration Date"), (ii) the time at which the Rights are redeemed as provided in -- Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at which the such Rights are exchanged as provided --- in Section 23A 24 hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the ."Expiration Date").

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Right ------ Certificate may exercise the ------ Rights evidenced thereby (except as otherwise provided herein) ), in whole or in part part, at any time after the Distribution Date Date, upon surrender of the Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent in New York, New Yorkdesignated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Stock Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on November 18February 13, 2006 2012 (the "Final - Expiration Date"), (ii) the time at which the Rights are redeemed as --------------------- provided in -- Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at --------------- which the such Rights are exchanged as provided --- in Section 23A 24 hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Date").

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to Except as provided in Section 7(e) hereof23(c), the registered holder of any ------ Right ------ Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and certificate certification on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent in New York, New Yorkdesignated for such purpose, together with payment of the Purchase Price for each one one-thousandth hundredth of a share of Preferred Stock Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on November 18October 1, 2006 2007, (the "Final - Expiration Date"), (ii) the time at which the Rights are redeemed as provided in -- Section 23 hereofhereof (the "Redemption Date"), (iii) the time at which the such Rights are exchanged as provided --- in Section 23A 24 hereof, or (iv) the time at which consummation of any merger or other acquisition involving the Rights expire Company pursuant to -- an agreement described in Section 13(d1(c)(ii)(A)(2) hereof (the earliest of such times being herein referred to as the "Expiration Date")hereof.

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Right ------ Certificate may exercise the ------ Rights evidenced thereby (except as otherwise provided herein) ), in whole or in part part, at any time after the Distribution Date Date, upon surrender of the Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent in New York, New YorkAgent, together with payment of the Purchase Price for each one one-thousandth hundredth of a share of Preferred Stock Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on November 18____________, 2006 201_ (the "Final - Expiration Date"), (ii) the time at --------------------- which the Rights are redeemed as provided in -- Section 23 hereofhereof (the "Redemption ---------- Date"), or (iii) the time at which the such Rights are exchanged as provided --- in ---- Section 23A 24 hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Date").

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ -------------------------------------------------------- Rights. (a) Subject to Section 7(e) hereof, the The registered holder of any Right ------ Certificate may exercise the ------ Rights evidenced thereby (except as otherwise provided herein) ), in whole or in part part, at any time after the Distribution Date Date, upon surrender of the Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent in New York, New Yorkdesignated for such purpose, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Stock Share as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on November 18September 11, 2006 2010 (the "Final - Expiration Date"), (ii) the time at which the Rights are redeemed as ----------------------- provided in -- Section 23 hereofhereof (the "Redemption Date"), or (iii) the time at ---------------- which the such Rights are exchanged as provided --- in Section 23A 24 hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Date").

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. ------- (a) Subject to Section 7(e) hereof, the registered holder of any Right ------ Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate contained in the form of election to purchase on the reverse side thereof of the Right Certificate duly executed, to the Rights Agent at the principal office offices of the Rights Agent in New York, New YorkAgent, together with payment of the Purchase Price for each one one-thousandth hundredth of a share of Preferred Stock Share (or other shares, securities or property, as the case may be) as to which the Rights are exercised, at or prior to the earliest earlier of (i) the Close close of Business business on November 18March 28, 2006 1999 (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 the Rights are exchanged as provided --- in Section 23A hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Redemption Date").

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to the provisions of Section 7(e8(e) hereof, the registered ------ holder of any Right ------ Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent in New York, New Yorkits Corporate Trust Office, together with payment of the Purchase Price for each one one-thousandth (1/1000) of a share of Preferred Stock Share (or other securities) as to which the Rights are exercised, at or prior to the earliest of (i1) the Close of Business on November 18, 2006 (the "Final - Expiration Date"), (ii2) the time of redemption on the Redemption Date or (3) the time at which the such Rights are mandatorily redeemed and exchanged as provided in -- Section 23 25 hereof, (iii) the time at which the Rights are exchanged as provided --- in Section 23A hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Date").

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. (a) Subject to Section 7(e) hereof, the registered holder of any ------- Right ------ Certificate may exercise the Rights evidenced thereby (except as otherwise provided hereinherein including, without limitation, the restrictions on exercisability set forth in Sections 9(c), 11(a)(iii) and 23(a) hereof) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and certificate on the reverse side thereof duly executed, to the Rights Agent at the principal office of the Rights Agent in New YorkCanton, New YorkMassachusetts, together with payment of the Purchase Price for each one one-thousandth of a share of Preferred Stock as to which the Rights are exercised, at or prior to the earliest of (i) the Close of Business on November 18, 2006 2010 (the "Final - Expiration Date"), (ii) the time at which the Rights are redeemed as provided in -- Section 23 hereof, or (iii) the time at which the Rights are exchanged as provided --- in Section 23A hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof 24 (the earliest of such times (i), (ii) and (iii) being herein referred to as the "Expiration Date").

Exercise of Rights; Purchase Price. Expiration Date of ------------------------------------------------------ Rights. ------ (a) Subject to Section 7(e) hereof, the registered holder of any Right ------ Certificate may exercise the Rights evidenced thereby (except Except as otherwise provided herein) , the Rights shall become exercisable at the close of business on the Distribution Date, and may be exercised in whole or in part at any time after the Distribution Date upon surrender of the Right CertificateCertificates, with the form of election to purchase and certificate on the reverse side thereof duly executedexecuted (with such signature duly guaranteed), to the Rights Agent at the principal office of the Rights Agent in New York, New Yorkdesignated for such purpose, together with payment of the aggregate Purchase Price for each one one-thousandth Price, subject to adjustment as hereinafter provided, with respect to the number of a share shares of Preferred Common Stock (except as otherwise provided herein) as to which the such surrendered Rights are then being exercised, at or prior to the earliest close of business on the date (the "Expiration Date") which is the earlier of (i) the Close of Business on November 18January 1, 2006 2012 (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 the Rights are exchanged as provided --- in Section 23A hereof, or (iv) the time at which the Rights expire pursuant to -- Section 13(d) hereof (the earliest of such times being herein referred to as the "Expiration Date").