Procedure for Payment. Whenever a payment for fractional Rights, Preferred Shares or Common Shares is to be made by the Rights Agent pursuant to this Plan, the Company will (i) promptly prepare and deliver to the Rights Agent a certificate setting forth in reasonable detail the facts related to such payment and the prices or formulas utilized in calculating such payments; and (ii) provide sufficient monies to the Rights Agent to make such payments. The Rights Agent will be fully protected in relying upon such certificate and will have no duty with respect thereto or the contents therein, and will not be deemed to have knowledge of any payment for fractional Rights, Preferred Shares or Common Shares pursuant to this Plan unless and until the Rights Agent has received such certificate and sufficient monies.
Appears in 4 contracts
Samples: Tax Benefit Preservation Plan (Aviat Networks, Inc.), Tax Benefit Preservation Plan (Fluidigm Corp), Tax Benefit Preservation Plan (Aviat Networks, Inc.)
Procedure for Payment. Whenever a payment for fractional Rights, Preferred Shares Stock or Common Shares Stock is to be made by the Rights Agent pursuant to this PlanAgreement, the Company will (i) promptly prepare and deliver to the Rights Agent a certificate setting forth in reasonable detail the facts related to such payment and the prices or formulas utilized in calculating such payments; and (ii) provide sufficient monies to the Rights Agent in the form of fully collected funds to make such payments. The Rights Agent will be fully protected in relying upon such certificate and will have no duty with respect thereto or the contents thereinthereto, and will not be deemed to have knowledge of any payment for fractional Rights, Preferred Shares Stock or Common Shares Stock pursuant to this Plan Agreement unless and until the Rights Agent has received such certificate and sufficient monies.
Appears in 4 contracts
Samples: Preferred Stock Rights Agreement (Zymeworks Delaware Inc.), Preferred Stock Rights Agreement (Zymeworks Delaware Inc.), Preferred Stock Rights Agreement (Forte Biosciences, Inc.)
