Common use of Incomplete Certificate Clause in Contracts

Incomplete Certificate. If, with respect to any Rights Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 72 contracts

Samples: Rights Agreement (Compass Minerals International Inc), Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (Pericom Semiconductor Corp)

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Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or a Related Person of an Affiliate or Associate thereofAcquiring Person), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 23 contracts

Samples: Rights Agreement (Desktop Metal, Inc.), Rights Agreement (Stratasys Ltd.), Rights Agreement (Kaltura Inc)

Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 19 contracts

Samples: Rights Agreement (MRV Communications Inc), Rights Agreement (Comstock Resources Inc), Rights Agreement (Sanchez Energy Corp)

Incomplete Certificate. If, with respect to any Rights ---------------------- Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 7 contracts

Samples: Rights Agreement (Kilroy Realty Corp), Rights Agreement (Tivo Inc), Rights Agreement (Tivo Inc)

Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereofof an Acquiring Person), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 5 contracts

Samples: Tax Benefit Preservation Plan (American Airlines Group Inc.), Tax Benefit Preservation Plan (New Home Co Inc.), Tax Benefit Preservation Plan (Transcept Pharmaceuticals Inc)

Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate any Related Person thereof) or Associate a transferee thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 4 contracts

Samples: Rights Agreement (Aep Industries Inc), Rights Agreement (Sunshine Heart, Inc.), Rights Agreement (Providence Service Corp)

Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company; provided, however that Rights Agent shall not be liable for any delays arising from the duties under this Section 20.10.

Appears in 3 contracts

Samples: Benefits Preservation Plan (CarParts.com, Inc.), Benefits Preservation Plan (CarParts.com, Inc.), Tidewater (Tidewater Inc)

Incomplete Certificate. If, with respect to any Rights Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof)of an Acquiring Person) or any other actual or suspected irregularity exists, the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Upland Software, Inc.), Southwest Gas Holdings, Inc.

Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been properly completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereofof an Acquiring Person), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Maxar Technologies Inc.), Tax Benefit Preservation Plan (Usec Inc)

Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof, or any other Person Acting in Concert therewith), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 2 contracts

Samples: Rights Agreement (Exact Sciences Corp), Rights Agreement (Qep Resources, Inc.)

Incomplete Certificate. If, with respect to any Rights Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify that the holder is not an Acquiring Person (or an Affiliate or Associate thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 2 contracts

Samples: Rights Agreement (Malan Realty Investors Inc), Rights Agreement (Malan Realty Investors Inc)

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Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has either not been completed to certify the holder is not an Acquiring Person (or a transferee thereof, or is not signed or indicates an Affiliate or Associate thereof)affirmative response to clause 1 and/or 2, the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Leap Wireless International Inc), Tax Benefit Preservation Plan (Leap Wireless International Inc)

Incomplete Certificate. If, with respect to any Rights Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 1 contract

Samples: Termination Agreement (Alpharma Inc)

Incomplete Certificate. If, with respect to any Rights Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.. 20.11

Appears in 1 contract

Samples: Rights Agreement Rights Agreement (Autozone Inc)

Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof)Person, the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 1 contract

Samples: Tax Benefit Preservation Plan (Rentech Inc /Co/)

Incomplete Certificate. If, with respect to any Rights Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been properly completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 1 contract

Samples: Rights Agreement (Biomarin Pharmaceutical Inc)

Incomplete Certificate. If, with respect to any Rights Right Certificate surrendered to the Rights Agent for exercise or transfer, the certificate contained in the form of assignment or the form of election to purchase set forth on the reverse thereof, as the case may be, has not been completed to certify the holder is not an Acquiring Person (or an Affiliate or Associate a Related Party thereof), the Rights Agent shall not take any further action with respect to such requested exercise or transfer without first consulting with the Company.

Appears in 1 contract

Samples: Iron Mountain Incorporated (Iron Mountain Inc)

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