Common use of Rights of Action Clause in Contracts

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 50 contracts

Samples: Shareholder Protection Rights Agreement (Microtek Medical Holdings, Inc), Shareholder Protection Rights Agreement (Murfreesboro Bancorp Inc), Shareholder Protection Rights Agreement (Profit Recovery Group International Inc)

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Rights of Action. Subject to the terms of this Agreement (including Section Sections 3.1(b)) and 5.14), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 39 contracts

Samples: Stockholder Protection Rights Agreement (Praxair Inc), Stockholder Protection Rights Agreement (Xcel Energy Inc), Stockholder Protection Rights Agreement (Xcel Energy Inc)

Rights of Action. Subject to the terms of this Agreement (including ---------------- Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 14 contracts

Samples: Rights Agreement (Varian Semiconductor Equipment Associates Inc), Stockholder Protection Rights Agreement (Datastream Systems Inc), Protection Rights Agreement (Covad Communications Group Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights, or Rights to which he is entitled, in the manner provided in this Agreement and in such holder's ’s Rights Certificate and in this AgreementCertificate. Without limiting the foregoing or any remedies available to the holders of Rights, Rights it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 14 contracts

Samples: Shareholder Rights Plan Agreement (Nexen Inc), Shareholder Rights Plan Agreement (Open Text Corp), Shareholder Rights Plan Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders registered Holders of the Rights; and any holder registered Holder of any Rights, without the consent of the Rights Agent or of the holder registered Holder of any other Rights, may, on such holderHolder's own behalf and for such holderHolder's own benefit and the benefit of other holders Holders of Rights, Rights enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holderHolder's right to exercise such holderHolder's Rights in the manner provided in such holderHolder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders Holders of Rights, it is specifically acknowledged that the holders Holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.

Appears in 14 contracts

Samples: Shareholder Rights Plan Agreement (Americas Silver Corp), Shareholder Rights Plan Agreement (Nevsun Resources LTD), Shareholder Rights Plan Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights, or Rights to which he is entitled, in the manner provided in this Agreement and in such holder's Rights Certificate and in this AgreementCertificate. Without limiting the foregoing or any remedies available to the holders of Rights, Rights it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 14 contracts

Samples: Shareholder Rights Plan Agreement (Vizsla Silver Corp.), Shareholder Rights Plan Agreement (ENERPLUS Corp), Shareholder Rights Plan Agreement (ENERPLUS Corp)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights, or Rights to which such holder is entitled, in the manner provided in such holder's ’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 13 contracts

Samples: Shareholder Rights Plan Agreement (Golden Star Resources LTD), Shareholder Rights Plan Agreement (Pretium Resources Inc.), Shareholder Rights Plan Agreement (Golden Star Resources LTD)

Rights of Action. Subject to the terms of this Agreement (including Section Sections 3.1(b)) and 5.14), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's ’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 9 contracts

Samples: Shareholder Protection Rights Agreement (Zions Bancorporation /Ut/), Stockholder Protection Rights Agreement (Ca, Inc.), Stockholder Protection Rights Agreement (Impco Technologies Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders registered Holders of the Rights; and any holder registered Holder of any Rights, without the consent of the Rights Agent or of the holder registered Holder of any other Rights, may, on such holder's Holder’s own behalf and for such holder's Holder’s own benefit and the benefit of other holders Holders of Rights, Rights enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's Holder’s right to exercise such holder's Holder’s Rights in the manner provided in such holder's Holder’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders Holders of Rights, it is specifically acknowledged that the holders Holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.

Appears in 9 contracts

Samples: Shareholder Rights Plan Agreement (Olympus Pacific Minerals Inc), Shareholder Rights Plan Agreement (Extorre Gold Mines LTD), Shareholder Rights Plan Agreement (Cumberland Resources LTD)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's holder Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 8 contracts

Samples: Shareholder Protection Rights Agreement (Astec Industries Inc), Shareholder Protection Rights Agreement (Headhunter Net Inc), Shareholder Protection Rights Agreement (Cytrx Corp)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders registered Holders of the Rights; and any holder registered Holder of any Rights, without the consent of the Rights Agent or of the holder registered Holder of any other Rights, may, on such holderHolder's own behalf and for such holderHolder's own benefit and the benefit of other holders Holders of Rights, Rights enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holderHolder's right to exercise such holderHolder's Rights in the manner provided in such holderHolder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders Holders of Rights, it is specifically acknowledged that the holders Holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.

Appears in 7 contracts

Samples: Shareholder Rights Plan Agreement (Western Copper & Gold Corp), Shareholder Rights Plan Agreement (Mercator Minerals LTD), Shareholder Rights Plan Agreement (Cream Minerals LTD)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; Rights and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights, or Rights to which he is entitled, in the manner provided in this Agreement and in such holder's ’s Rights Certificate and in this AgreementCertificate. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 7 contracts

Samples: Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.), Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.), Shareholder Rights Plan Agreement (Descartes Systems Group Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, any rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights, or Rights to which such holder is entitled, in the manner provided in such holder's ’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 6 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, the Board of Directors or the Company, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's ’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.

Appears in 6 contracts

Samples: Stockholder Protection Rights Agreement (Optical Cable Corp), Stockholder Protection Rights Agreement, Rights Agreement (Stanley Furniture Co Inc.)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights, or Rights to which such holder is entitled, in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 5 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, the Board of Directors or the Company, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's ’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 4 contracts

Samples: Stockholder Protection Rights Agreement (Citi Trends Inc), Stockholder Protection Rights Agreement (Tg Therapeutics, Inc.), Stockholder Protection Rights Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Corporation or the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the any other holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, enforce or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the generality of the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underof, and injunctive relief against actual or threatened violations of the obligations of, the obligations of any Person subject to this Agreement.

Appears in 3 contracts

Samples: Shareholder Rights Agreement (Alcan Inc), Shareholder Rights Agreement (Novelis Inc.), Shareholder Rights Agreement (Novelis Inc.)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's holders own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's ’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 3 contracts

Samples: Shareholder Protection Rights Agreement (Forward Industries Inc), Shareholder Protection Rights Agreement (First of Long Island Corp), Shareholder Protection Rights Agreement (First of Long Island Corp)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Trust to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 3 contracts

Samples: Unitholder Rights Agreement, Unitholder Rights Agreement, Unitholder Rights Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's ’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 3 contracts

Samples: Shareholder Protection Rights Agreement (Parker Hannifin Corp), Stockholder Protection Rights Agreement (Wilshire Enterprises Inc), Stockholder Protection Rights Agreement (Wilshire Enterprises Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rightsrights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underof, and injunctive relief against actual or threatened violations of, the obligations under this Agreement of any Person subject to this Agreement.

Appears in 3 contracts

Samples: Shareholder Rights Agreement (California Independent Bancorp), Shareholder Rights Agreement (Amedisys Inc), Shareholder Rights Agreement (Amedisys Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective registered holders of the Rights; and any registered holder of any Rights, without the consent of the Rights Agent or of the registered holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other registered holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights, or Rights to which such holder is entitled, in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Jaguar Mining Inc), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Rights of Action. Subject to the terms of this Agreement (including ---------------- Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations underof, and injunctive relief against actual or threatened violations of, the obligations under this Agreement of any Person subject to this Agreement.

Appears in 2 contracts

Samples: Shareholder Protection Rights Agreement (PSS World Medical Inc), Shareholder Protection Rights Agreement (Premiere Technologies Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)) and 5.14), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 2 contracts

Samples: Shareholder Protection Rights Agreement (Sterling Bancorp), Shareholder Protection Rights Agreement (Sterling Bancorp)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, Rights may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights to which such Person is entitled, in the manner provided in such holder's holders Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 2 contracts

Samples: Shareholder Protection Rights Agreement (Salix Pharmaceuticals LTD), Shareholder Protection Rights Agreement (Salix Pharmaceuticals LTD)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders registered Holders of the Rights; and any holder . Any registered Holder of any Rights, without the consent of the Rights Agent or of the holder registered Holder of any other Rights, may, on such holder's Holder’s own behalf and for such holder's Holder’s own benefit and the benefit of other holders Holders of Rights, Rights enforce, and may institute and maintain any suit, action or proceeding against the Company REIT to enforce, or otherwise act in respect of, such holder's Holder’s right to exercise such holder's Holder’s Rights in the manner provided in such holder's Holder’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders Holders of Rights, it is specifically acknowledged that the holders Holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.

Appears in 2 contracts

Samples: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective registered holders of the Rights; and any . Any registered holder of any Rights, without the consent of the Rights Agent or of the registered holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, enforce such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person (including, for greater certainty, an Acquiring Person) subject to to, this Agreement.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement, Agreement (Tembec Inc.)

Rights of Action. Subject to the terms of this Agreement (including ---------------- Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's holder Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 2 contracts

Samples: Shareholder Protection Rights Agreement (Xcellenet Inc /Ga/), Shareholder Protection Rights Agreement (Atria Communities Inc)

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Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company REIT to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Unitholder Rights Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company REIT to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Unitholder Rights Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Shareholder Protection Rights Agreement (Parkervision Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), All rights of action in respect of this Agreement, other than excepting the rights of action vested solely in expressly given to the Rights AgentAgent under this Agreement, are vested in the respective registered holders of the Rights; Rights and any registered holder of any RightsRight, without the consent of the Rights Agent or of the holder of any other RightsRight, may, on in such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rightsbenefit, 37 41 enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise the Rights registered in such holder's Rights name in the manner provided in such holder's Rights Certificate the Right Certificates and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.

Appears in 1 contract

Samples: Rights Agreement (New Rockwell Collins Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.. 5.7

Appears in 1 contract

Samples: Stockholder Protection Rights Agreement (Freeport McMoran Sulphur Inc)

Rights of Action. Subject to the terms of this Agreement (including ---------------- Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rightsrights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Exhibit 1 (Varian Associates Inc /De/)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders registered Holders of the Rights; and any holder registered Holder of any Rights, without the consent of the Rights Agent or of the holder registered Holder of any other Rights, may, on such holderXxxxxx's own behalf and for such holderXxxxxx's own benefit and the benefit of other holders Holders of Rights, Rights enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holderXxxxxx's right to exercise such holderXxxxxx's Rights in the manner provided in such holderHolder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders Holders of Rights, it is specifically acknowledged that the holders Holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), a) All rights of action in respect of the obligations and duties owed to the holders of the Rights under this Agreement, other than except the rights of action vested solely in given to the Rights AgentAgent pursuant to Section 19 and Section 20 hereof, are vested in the respective registered holders of the Rights; and any holder of any Rightsand, without the consent of the Rights Agent or of the holder of any other Rights, any registered holder of any Rights may, on such holder's in his own behalf and for such holder's his own benefit and the benefit of other holders of Rightsbenefit, enforce, and may institute and maintain any suit, action or proceeding proceeding, judicial or otherwise, against the Company to enforce, or otherwise to act in respect of, such holder's right to exercise such holder's Rights in the manner provided in the Right Certificate evidencing such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Chase Industries Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's ’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Stockholder Protection Rights Agreement (Gold Kist Holdings Inc.)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's right entitlement to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Genetronics Biomedical LTD)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders registered Holders of the Rights; and any holder . Any registered Holder of any Rights, without the consent of the Rights Agent or of the holder registered Holder of any other Rights, may, on such holder's Holder’s own behalf and for such holder's Holder’s own benefit and the benefit of other holders Holders of Rights, Rights enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's Holder’s right to exercise such holder's Holder’s Rights in the manner provided in such holder's Holder’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders Holders of Rights, it is specifically acknowledged that the holders Holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, all rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders registered Holders of the Rights; and any holder registered Holder of any Rights, without the consent of the Rights Agent or of the holder registered Holder of any other Rights, may, on such holder's Holder’s own behalf and for such holder's Holder’s own benefit and the benefit of other holders Holders of Rights, Rights enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's Holder’s right to exercise such holder's Holder’s Rights in the manner provided in such holder's Holder’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders Holders of Rights, it is specifically acknowledged that the holders Holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.. Table of Contents

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Olympus Pacific Minerals Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b4.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Hcia Inc)

Rights of Action. (a) Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's ’s own behalf and for such holder's ’s own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder's ’s right to exercise such holder's ’s Rights in the manner provided in such holder's ’s Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Stockholder Protection Rights Agreement (Knology Inc)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Stockholder Protection Rights Agreement (Eastman Co)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b)), rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights in the manner provided in such holder's Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rightsrights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Amb Property Corp)

Rights of Action. Subject to the terms of this Agreement (including Section 3.1(b))Agreement, rights of action in respect of this Agreement, other than rights of action vested solely in the Rights Agent, are vested in the respective holders of the Rights; and any holder of any Rights, without the consent of the Rights Agent or of the holder of any other Rights, Rights may, on such holder's own behalf and for such holder's own benefit and the benefit of other holders of Rights, enforce, and may institute and maintain any suit, action or proceeding against the Company Fund to enforce, or otherwise act in respect of, such holder's right to exercise such holder's Rights to which such Person is entitled, in the manner provided in such holder's holders Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Unitholder Protection Rights Agreement (Strategic Energy Fund)

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