Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is merged or with which the Rights Agent or any successor Rights Agent is consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 11 contracts
Samples: Rights Agreement (Active Power Inc), Rights Agreement (Delek US Holdings, Inc.), Rights Agreement (CAPSTONE TURBINE Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that the time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Central & South West Corp), Rights Agreement (Sportsmans Guide Inc), Rights Agreement (Unicom Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent (or any successor Rights Agent is Agent) may be merged or with which the Rights Agent or any successor Rights Agent is it may effect a share exchange, be consolidated, or any Person resulting from any merger merger, share exchange, or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or document or any further act on the part of any of the parties hereto; but only if provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and and, in all such cases cases, such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Office Depot Inc), Rights Agreement (Versum Materials, Inc.), Rights Agreement (Nn Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Hancock John Financial Services Inc), Rights Agreement (Chrysler Corp /De), Rights Agreement (Quaker State Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights AgentAgent (including, without limitation, through a purchase of all or substantially all of the assets relating to such business), shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Transfinancial Holdings Inc), Rights Agreement (Transfinancial Holdings Inc), Rights Agreement (Labone Inc/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder services stock transfer or other shareholder service business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Rights Agreement.
Appears in 5 contracts
Samples: Shareholders Rights Agreement (United Maritime Corp), Shareholders Rights Agreement (Globus Maritime LTD), Shareholders’ Rights Agreement (Rubico Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Syniverse Holdings Inc), Rights Agreement (Bairnco Corp /De/), Rights Agreement (WABCO Holdings Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder services business businesses of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Cytrx Corp), Rights Agreement (Papa Johns International Inc), Rights Agreement (Polarityte, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the corporate trust or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Stockholder Rights Agreement (Biofrontera Inc.), Stockholder Rights Agreement, Stockholder Rights Agreement (Magenta Therapeutics, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stock transfer or other stockholder services service business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Rights Agreement.
Appears in 4 contracts
Samples: Stockholders Rights Agreement (Castor Maritime Inc.), Stockholders Rights Agreement (Castor Maritime Inc.), Stockholders Rights Agreement (Diana Shipping Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person legal business entity into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person legal business entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person legal business entity succeeding to the stockholder corporate trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person legal business entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Ball Corp), Rights Agreement (Churchill Downs Inc), Rights Agreement (Donaldson Co Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Sorrento Therapeutics, Inc.), Rights Agreement (Sorrento Therapeutics, Inc.), Rights Agreement (Sorrento Therapeutics, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder corporate trust, share transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or of substantially all of the Rights Agent’s assets employed in the performance of this Agreement, or transfer or rights agent activities services generally, shall be deemed to be a merger merger, share exchange or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates Certificate so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the a predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (360 DigiTech, Inc.), Rights Agreement, Rights Agreement (360 DigiTech, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the stockholder corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only , if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case If at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Right Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights the Right Certificates so countersigned; and in case if at that time any of the Rights Right Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights those Right Certificates shall will have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Shareholder Rights Agreement (Associated Estates Realty Corp), Shareholder Rights Agreement (Thornburg Mortgage Inc), Shareholder Rights Agreement (Thornburg Mortgage Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder shareholder services or stock transfer powers or performance of the shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20Agreement. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Shareholder Rights Agreement (Golf Trust of America Inc), Shareholder Rights Agreement (Versicor Inc /Ca), Shareholder Rights Agreement (Versicor Inc /Ca)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person a)Any corporation, limited liability company or association into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation, limited liability company or association resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation, limited liability company or association succeeding to the stockholder corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; but only if provided that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2021. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Bunge LTD), Rights Agreement (Bunge LTD), Rights Agreement (Bunge LTD)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is merged or with which the Rights Agent or any successor Rights Agent is consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the stockholder corporate trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Shareholder Rights Agreement (Mimedx Group, Inc.), Tax Benefits Preservation Plan (RiceBran Technologies), Rights Agreement (Freds Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case If, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case . If at that time time, any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in . In all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Stockholder Rights Agreement (Cumulus Media Inc), Rights Agreement (Cumulus Media Inc), Tax Asset Preservation Plan (WeWork Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may effect a share exchange be consolidated, or any Person corporation resulting from any merger merger, share exchange or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of this Agreement, or transfer or rights agent activities shall services generally, will be deemed to be a merger merger, share exchange or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Benefits Preservation Rights Agreement (Impac Mortgage Holdings Inc), Benefits Preservation Rights Agreement (Impac Mortgage Holdings Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the corporate trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement Agreement, but only if such Person would be eligible for appointment as a Rights Agent under the provisions of Section 21 hereof, in which event, such Person shall be bound by the terms hereof, without the execution or filing of any paper instrument or other document or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereofhereto or any other Person. The purchase sale of all or substantially all of the Rights Agent’s assets employed in the performance of its transfer agent activities to any Person shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any such successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force and effect provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Tax Benefits Preservation Plan (Liveperson Inc), Tax Benefits Preservation Plan (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder services stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates have has been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that the time any of the Rights Certificates have has not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Shareholder Rights Agreement, Shareholder Rights Agreement (Nordstrom Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Harvard Apparatus Regenerative Technology, Inc.), Shareholder Rights Agreement (Harvard Apparatus Regenerative Technology, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cambrex Corp), Rights Agreement (Cambrex Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Metlife Inc), Rights Agreement (Metlife Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Successor. Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase (Change of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20). In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.successor
Appears in 2 contracts
Samples: Rights Agreement (Amresco Inc), Rights Agreement (Amresco Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that the time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement, Rights Agreement (TruBridge, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may effect a share exchange, be consolidated, or any Person resulting from any merger merger, share exchange, or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or document or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Bryn Mawr Bank Corp), Rights Agreement (Bryn Mawr Bank Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person bank or corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation or bank resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person bank or corporation succeeding to the stockholder services business stock transfer or corporate trust powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if PROVIDED, that such Person bank or corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (First National Bancorp Inc /Il/), Rights Agreement (First National Bancorp Inc /Il/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the corporate trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Essendant Inc), Rights Agreement (RR Donnelley & Sons Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the corporate trust or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Stockholder Rights Agreement, Stockholder Rights Agreement (Rapid Micro Biosystems, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation or other entity into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation or other entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation or other entity succeeding to the stockholder corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act action on the part of any of the parties hereto; but only if provided, however, that such Person corporation or other entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of In the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case event that at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and and, in case the event that at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided provide in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Commercial Vehicle Group, Inc.), Rights Agreement (Metretek Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (A & B II, Inc.), Rights Agreement (Alexander & Baldwin Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) a. Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Programmers Paradise Inc), Rights Agreement (Programmers Paradise Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Alexion Pharmaceuticals Inc), Rights Agreement (Church & Dwight Co Inc /De/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder corporate trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.), Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is merged or with which the Rights Agent or any successor Rights Agent is consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the corporate trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases cases, such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Parks America, Inc), Rights Agreement
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to all or substantially all the corporate trust or stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if PROVIDED, HOWEVER, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases cases, such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Consolidated Stores Corp /De/), Rights Agreement (Consolidated Stores Corp /De/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder stock transfer or shareowner services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of or transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that the time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Allscripts Healthcare Solutions, Inc.), Rights Agreement (Mediabistro Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person trust, corporation or other entity into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person trust, corporation or other entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, party or any Person trust, corporation or other entity succeeding to the stockholder services corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act action on the part of any of the parties hereto; but only if , provided that such Person trust, corporation or other entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Century Casinos Inc), Rights Agreement (Biosource International Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person corporation succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only , if such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case If at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Right Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights the Right Certificates so countersigned; and in case if at that time any of the Rights Right Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights those Right Certificates shall will have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Samples: Stockholder Rights Agreement (Captec Net Lease Realty Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement and any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement. In case at any time the name of the Rights Agent shall be changed and at such time any of the Rights Certificates shall have been countersigned but not delivered, the Rights Agent may adopt the countersignature under its prior name and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, the Rights Agent may countersign such Rights Certificates either in its prior name or in its changed name; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Starrett L S Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Successor. Any Person corporation into which the Rights Agent or any --------- successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person -------- ------- corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase (Change of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20). In case at the time such ---------------------- successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Cellstar Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any either of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates KEY TECHNOLOGY, INC. PAGE 28 SECOND AMENDED AND RESTATED RIGHTS PLAN either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof20. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2018. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a any predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a1) Any Person into which the Rights Agent or any successor Rights Agent is merged or with which the Rights Agent or any successor Rights Agent is consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the stockholder corporate trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Section 382 Rights Agreement (Lumen Technologies, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the corporate trust or stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Samples: Stockholder Rights Agreement (First Real Estate Investment Trust of New Jersey)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the stockholder shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof4.4. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 204.2. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Stockholder Protection Rights Agreement (CBL & Associates Properties Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or converted or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger merger, conversion or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the corporate trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is merged or with which the Rights Agent or any successor Rights Agent is consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the corporate trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder corporate trust, share transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of this Agreement, or transfer or rights agent activities services generally, shall be deemed to be a merger merger, share exchange or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (ChinaCache International Holdings Ltd.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder shareholder services or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or document or any further act on the part of any of the parties hereto; but only if , provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is merged or with which the Rights Agent or any successor Rights Agent is consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the stockholder corporate trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that the time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Trecora Resources)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Samples: Shareholder Rights Agreement (Albany Molecular Research Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Insperity, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder stock transfer other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties heretoto this Rights Agreement; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the stockholder shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 204.4. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights RIGHTS AGREEMENT BETWEEN PRAXAIR, INC. AND REGISTRAR & TRANSFER COMPANY DATED AS OF JUNE 30, 2002 Certificates so countersigned; and in case at that time any of the Rights Certificates have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Praxair Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stock transfer or other stockholder services service business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Rights Agreement.
Appears in 1 contract
Samples: Stockholders Rights Agreement (Diana Shipping Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the stockholder services transfer agency business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case If at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case if at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall will have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if PROVIDED, HOWEVER, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a any predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from form any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature counter signature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates Right Certificate either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates have has been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that the time any of the Rights Certificates have has not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Tax Benefits Preservation Plan (Sandridge Energy Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation or other entity into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation or other entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation or other entity succeeding to the corporate trust or stockholder services business businesses of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation or other entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
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Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent it may be consolidated or any successor Rights Agent is consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is a party, or any Person succeeding to the stockholder services business of the Rights Agent or any successor Rights Agent, party shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; but only if such Person would be to this Agreement, provided the corporation is eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2021. In case at the time any such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Right Certificates have been countersigned by the predecessor but not delivered, any such the successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersignedthe predecessor; and in case at that such time any of the Rights Right Certificates have not been countersigned, any successor Rights Agent may countersign such Rights the Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and and, in all such cases such Rights cases, the Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
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Samples: Rights Agreement (Keycorp /New/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or converted or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger merger, conversion or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the corporate trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of the transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20Section 19. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
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Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder services stock transfer or other shareholder service business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Rights Agreement.
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Samples: Shareholders Rights Agreement (Nordic American Offshore Ltd.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation, partnership or similar entity into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation, partnership or similar entity succeeding to the stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if PROVIDED, HOWEVER, that such Person corporation, partnership or similar entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
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Samples: Rights Agreement (Source Media Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person succeeding to the stockholder services stock transfer or other shareholder service business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Restated Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, that such Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Restated Rights Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Restated Rights Agreement.
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Samples: Shareholders Rights Agreement (Seanergy Maritime Holdings Corp.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation succeeding to the stockholder shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if , provided that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s 's assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 2019. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
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Samples: Rights Agreement (Eastern Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any Person corporation, limited liability company, trust company or similar form of entity into which the Rights Agent or any successor Rights Agent is may be merged or with which the Rights Agent or any successor Rights Agent is it may be consolidated, or any Person corporation, limited liability company, trust company or similar form of entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent is shall be a party, or any Person corporation, limited liability company, trust company or similar form of entity succeeding to the stockholder services corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; but only if provided, however, that such Person corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such the successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have not been countersigned, any the successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
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