Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 93 contracts
Samples: Preferred Stock Rights Agreement (Digirad Corp), Preferred Stock Rights Agreement (Digital Impact Inc /De/), Preferred Stock Rights Agreement (Intraware Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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 43 contracts
Samples: Rights Agreement (Meadwestvaco Corp), Rights Agreement (PNC Financial Services Group Inc), Execution Copy (Community Bancshares Inc /De/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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 37 contracts
Samples: Rights Agreement (Terran Orbital Corp), Form of Rights Agreement (Patriot Coal CORP), Rights Agreement (Tim Hortons Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 28 contracts
Samples: Rights Agreement (Adc Telecommunications Inc), Rights Agreement (Enzon Inc), Rights Agreement (Apogee Enterprises Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 23 contracts
Samples: Stockholders Rights Agreement (Oceanfreight Inc.), Stockholders Rights Agreement (Diana Shipping Inc.), Stockholders Rights Agreement (DryShips Inc.)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 23 contracts
Samples: Preferred Shares Rights Agreement (Phoenix Technologies LTD), Preferred Shares Rights Agreement (International Network Services), Preferred Shares Rights Agreement (Aspect Telecommunications Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 22 contracts
Samples: Rights Agreement (C H Robinson Worldwide Inc), Rights Agreement (Pemstar Inc), Rights Agreement (Blanch E W Holdings Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Separation Date, the registered holders of the any certificate representing Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Separation Date, of the any other certificate representing Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Separation Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 15 contracts
Samples: Rights Agreement (Orthologic Corp), Rights Agreement (Cd Radio Inc), Rights Agreement (Daisytek International Corporation /De/)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent pursuant to Section 18 hereofthe terms of this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 11 contracts
Samples: Rights Agreement (Edwards Lifesciences Corp), Rights Agreement (Wallace Computer Services Inc), Rights Agreement (Chicago Mercantile Exchange Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 10 contracts
Samples: Preferred Stock Rights Agreement (Liquid Audio Inc), Preferred Stock Rights Agreement (Rambus Inc), Preferred Stock Rights Agreement (Palm Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights 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 Rights 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 Rights Agreement.
Appears in 10 contracts
Samples: Rights Agreement (Cnet Networks Inc), Rights Agreement (PRA International), Rights Agreement (Xerium Technologies Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares) may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 10 contracts
Samples: Rights Agreement (Veritas Holding Corp), Rights Agreement (Integrated Systems Inc), Rights Agreement (Large Scale Biology Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent pursuant to Section 18 hereofthe terms of this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 9 contracts
Samples: Section 382 Rights Agreement (Winland Electronics Inc), Section 382 Rights Agreement (Broadwind Energy, Inc.), Rights Agreement (Cobra Electronics Corp)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights 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 Rights 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 Rights Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Caremark Rx Inc), Rights Agreement (Nastech Pharmaceutical Co Inc), Rights Agreement (Spacehab Inc \Wa\)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the registered holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her on such first holder’s own behalf and for his or her such first holder’s own benefit, enforce, and may institute and maintain any suit, action action, or proceeding against the Company to enforce, or otherwise act in respect of, his or her such first holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the registered holders of Rights, it is specifically acknowledged that the registered holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Atossa Genetics Inc), Rights Agreement (Transatlantic Holdings Inc), Rights Agreement (Ibasis Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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: Rights Agreement (Polaris Industries Inc/Mn), Rights Agreement (Primus Guaranty LTD), Rights Agreement (Adc Telecommunications Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Stockholders Rights Agreement (Pacific Capital Bancorp /Ca/), Shareholder Rights Agreement (Immucor Inc), Rights Agreement (True North Communications Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to the Rights Agent pursuant to under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Universal Technical Institute Inc), Tax Benefits Preservation Plan (Acacia Research Corp), Rights Agreement (Core Molding Technologies Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock of the Company); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock of the Company), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock of the Company), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Five Star Quality Care Inc), Renewal Rights Agreement (Enterprise Bancorp Inc /Ma/), Rights Agreement (Enterprise Bancorp Inc /Ma/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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 5 contracts
Samples: Rights Agreement (Obagi Medical Products, Inc.), Rights Agreement (Gtsi Corp), Rights Agreement (Pac-West Telecomm Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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 5 contracts
Samples: Rights Agreement (Basic Earth Science Systems Inc), Rights Agreement (Mines Management Inc), Rights Agreement (Red Robin Gourmet Burgers Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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 4 contracts
Samples: Rights Agreement (Powerwave Technologies Inc), Rights Agreement (Mw Holding Corp), Rights Agreement (Osi Systems Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 underhereunder, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp), Rights Agreement (Meadowbrook Insurance Group Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent pursuant to Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Bentley Pharmaceuticals Inc), Renewed Rights Agreement (Bentley Pharmaceuticals Inc), Renewed Rights Agreement (Bentley Pharmaceuticals Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action that are given to the Rights Agent pursuant to under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Section 382 Rights Agreement (Cohen & Co Inc.), Section 382 Rights Agreement (Institutional Financial Markets, Inc.), Section 382 Rights Agreement (Institutional Financial Markets, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 4 contracts
Samples: Rights Agreement (Walden Residential Properties Inc), Rights Agreement (Showbiz Pizza Time Inc), Rights Agreement (Agree Realty Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Senior Housing Properties Trust), Renewed Rights Agreement (HRPT Properties Trust), Renewed Rights Agreement (Hospitality Properties Trust)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 3 contracts
Samples: Rights Agreement (Synthetech Inc), Rights Agreement (Teekay Shipping Corp), Rights Agreement Agreement (Synthetech Inc)
Rights of Action. All rights of action in respect of this Agreement, ---------------- excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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: Preferred Shares Rights Agreement (Durect Corp), Preferred Shares Rights Agreement (Oratec Interventions Inc), Preferred Shares Rights Agreement (Oracle Corp /De/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereofunder this Agreement, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 3 contracts
Samples: Rights Agreement (Ilex Oncology Inc), Rights Agreement (Uti Energy Corp), Rights Agreement (Prima Energy Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 underhereunder, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Ultratech Stepper Inc), Rights Agreement (Sandisk Corp), Rights Agreement (Sandisk Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the except those rights of action given to vested in the Rights Agent pursuant to Section Sections 18 hereofand 20, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, the shares of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, any shares of the Common SharesStock), may, in his or her its own behalf and for his or her its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company or any other Person to enforce, or otherwise act in respect of, his or her its right to exercise the Rights evidenced by such Rights the Right Certificate in the manner provided in such Rights the Right 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 and, accordingly, that they 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: Rights Agreement (Toreador Resources Corp), Rights Agreement (CVR Energy Inc), Rights Agreement (Bellsouth Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to hereunder, including Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 3 contracts
Samples: Rights Agreement (Hudson Global, Inc.), Rights Agreement (Hudson Global, Inc.), Rights Agreement (Huttig Building Products Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 by the Company of this Agreement 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 Agreementthe Company.
Appears in 3 contracts
Samples: Rights Agreement (Eagle Bulk Shipping Inc.), Rights Agreement (Eagle Bulk Shipping Inc.), Rights Agreement
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent pursuant to Section Sections 18 hereofand 20, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (American Shared Hospital Services), Rights Agreement (Unicom Corp), Rights Agreement (Sportsmans Guide Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting Excepting the rights of action given to the Rights Agent pursuant to under Section 18 19 hereof, all rights of action in respect of this Agreement are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), subject to Section 7(e), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 3 contracts
Samples: Rights Agreement (Xionics Document Technologies Inc), Rights Agreement (Xionics Document Technologies Inc), Rights Agreement (Uromed Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section under Sections 18 and 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the shares of Common Shares)Stock, may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 2 contracts
Samples: Rights Agreement (Perma Fix Environmental Services Inc), Renewed Rights Agreement (LSB Industries Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 2 contracts
Samples: Rights Agreement (Ostex International Inc /Wa/), Rights Agreement (WTD Industries Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights 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 Rights 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 Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Louisiana-Pacific Corp), Rights Agreement (Louisiana-Pacific Corp)
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 2 contracts
Samples: Rights Agreement (Otter Tail Power Co), Rights Agreement (Efunds Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action that are given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, any registered holder of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.), Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 by the Company of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations by the Company of, the obligations of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Shareholders Rights Agreement (Euroseas Ltd.), Stockholders Rights Agreement (Nordic American Tanker Shipping LTD)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to vested in the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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: Rights Agreement (Gaylord Entertainment Co /De), Rights Agreement (Gaylord Entertainment Co /De)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (PHH Corp), Rights Agreement (PHH Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares) may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 2 contracts
Samples: Rights Agreement (Intuit Inc), Rights Agreement (Large Scale Biology Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 Agreement, and will shall 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: Rights Agreement (Banknorth Group Inc/Me), Rights Agreement (Peoples Heritage Financial Group Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to the Rights Agent pursuant to Section under Sections 18 and 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Corn Products International Inc), Rights Agreement (Corn Products International Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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, hereunder 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: Rights Agreement (Half Robert International Inc /De/), Rights Agreement (Half Robert International Inc /De/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, enforce and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 2 contracts
Samples: Rights Agreement (Software Publishing Corp Holdings Inc), Rights Agreement (Software Publishing Corp Holdings Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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: Rights Agreement (Inamed Corp), Rights Agreement (Inamed Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 underhereunder, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Sandisk Corp), Rights Agreement (Sandisk Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement. Section 16.
Appears in 2 contracts
Samples: Rights Agreement Rights Agreement (Northern Trust Corp), Rights Agreement Rights Agreement (Northern Trust Corp)
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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: Rights Agreement (Us Bancorp \De\), Rights Agreement (Journal Register Co)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Comp and to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 of 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: Rights Agreement (Asure Software Inc), Rights Agreement (Asure Software Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 underhereunder, 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: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, may in his or her the holder's own behalf and for his or her the holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her the holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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: Rights Agreement (Greenbrier Companies Inc), Rights Agreement (Willamette Industries Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereof, Agreement are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares and the registered holders of the Class B Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of any of the Common Shares and/or Class B Shares), without the consent of the Rights BACK Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of any of the Common Shares and/or Class B Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 2 contracts
Samples: Rights Agreement (Chindex International Inc), Rights Agreement (Chindex International Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent pursuant to Section in Sections 18 and 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in on his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Rights 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 Rights 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 Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (GigOptix, Inc.), Rights Agreement (GigOptix, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the certificates representing Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 by the Company of the obligations of, the obligations of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Interline Brands, Inc./De), Rights Agreement (Houston Wire & Cable CO)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations obliga tions hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Hospitality Properties Trust), Rights Agreement (Hospitality Properties Trust)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent pursuant to Section 18 and Section 19 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesEligible Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesEligible Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesEligible Stock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Xm Satellite Radio Holdings Inc), Rights Agreement (Regent Communications Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the certificates representing Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Trust to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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, by the Trust of the obligations of any Person subject to to, this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Ramco Gershenson Properties Trust)
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to the Rights Agent pursuant to Section under Sections 18 and 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of 26 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Ordinary Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Ordinary Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Ordinary Shares), may, in his or her the holder’s own behalf and for his or her the holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her the holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereof, Agreement are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the certificates representing Common Shares)Stock and Series A Preference Stock; and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common Shares)Stock or Series A Preference Stock, without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock or Series A Preference Stock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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, the obligations of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Sun Co Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares) may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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.. SECTION
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereofunder any section of this Agreement, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock in respect of which Rights have been issued); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the such Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the such Common SharesStock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without With- out 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 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: Agreement and Plan of Merger (Phillips Petroleum Co)
Rights of Action. (a) All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 and 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the certificates representing Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 1 contract
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 may not have an adequate remedy at law for any breach of this Agreement and will be entitled to seek 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: Preferred Shares Rights Agreement (Data Critical Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 underhereunder, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to to, this Agreement. Section 16.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without With- out 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 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
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereofhereunder , are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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 (Delta Holdco Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent pursuant to Section 18 hereofthe terms of this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution DateTime, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution DateTime, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution DateTime, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Fortune Brands Home & Security, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Class B Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Class B Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Class B Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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: Preferred Shares Rights Agreement (American Business Information Inc /De)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, Date of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, or prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 underhereunder, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares)) may, without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (( or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 1 contract
Samples: Rights Agreement (Zamba Corp)
Rights of Action. (a) All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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
Rights of Action. (a) All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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
Rights of Action. (a) All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, ; of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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 (Us Bancorp \De\)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the other than rights of action given to vested in the Rights Agent pursuant to Section 18 hereofthe terms of this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Rights of Action. All Excepting the rights of action given to the ---------------- Rights Agent under Section 19 hereof, all rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereof, Agreement are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), subject to Section 7(e), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 and hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his or her own behalf and for his or her own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate or Common Share certificate in the manner provided in such Rights Right 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 shall be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Verilink Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to Section 18 hereofunder this Agreement, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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: Agreement (Phillips Petroleum Co)
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate Right Certificates (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); , and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights 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 Rights 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 Rights Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 16 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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: Exhibit 1 (Maxxim Medical Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the 28 Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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: Preferred Shares Rights Agreement (Endosonics Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in his or her such holder’s own behalf and for his or her such holder’s own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 underunder this Agreement, and injunctive relief against actual or threatened violations of, of the obligations of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Dollar Thrifty Automotive Group Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent pursuant to Section 18 hereofunder this Agreement, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 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: Agreement (Sanderson Farms Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the Agreement (other than rights of action given to vested in the Rights Agent pursuant to Section 18 hereof, ) are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company or any other Person to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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: Preferred Shares Rights Agreement (Preview Travel Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares)Stock) and, where applicable, the Company; and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in on his or her own behalf and for his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent pursuant to under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder's own behalf and for his or her such holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his or her such holder's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right 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 1 contract
Samples: Rights Agreement (Graham Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to the Rights Agent pursuant to under Section 18 18. and Section 20. hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in his or her such holder’s own behalf and for his or her such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his or her such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such 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 shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of, of the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement
