Common use of Rights of Action Clause in Contracts

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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 117 contracts

Samples: Rights Agreement (Ascent Media CORP), Rights Agreement (Vanda Pharmaceuticals Inc.), Rights Agreement (Lipocine Inc.)

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Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on may, in his own behalf and for his own benefit, may enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, of his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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 under, and injunctive relief against actual or threatened violations of, the obligations of any Person (including, without limitation, the Company) subject to this Agreement.

Appears in 32 contracts

Samples: Rights Agreement (Accuride Corp), Rights Agreement (Wet Seal Inc), Rights Agreement (Mentor Graphics Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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 29 contracts

Samples: Tax Benefit Protection Plan Agreement (IES Holdings, Inc.), Benefit Protection Plan Agreement (Integrated Electrical Services Inc), Rights Agreement (Pe Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on may, in his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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 13 contracts

Samples: Rights Agreement (GTJ REIT, Inc.), Rights Agreement (GTJ REIT, Inc.), Rights Agreement (Omega Healthcare Investors Inc)

Rights of Action. All rights of action in respect of this AgreementPlan, excepting except the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on may, in his own behalf and for his own benefit, may enforceenforce this Plan, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Plan, or otherwise enforce or act in respect of, of his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such Right Certificate and in this AgreementPlan. 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 Plan and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person (including, without limitation, the Company) subject to this AgreementPlan.

Appears in 10 contracts

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

Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 8 contracts

Samples: Rights Agreement (Redback Networks Inc), Rights Agreement (Citation Corp /Al/), Rights Agreement (Vignette 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 under in Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on may, in his own behalf and for his own benefit, may enforce, and may institute institute, and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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 this Agreement.

Appears in 6 contracts

Samples: Rights Agreement (Ciprico Inc), Rights Agreement (First Team Sports Inc), Rights Agreement (Health Risk Management Inc /Mn/)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, to his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 6 contracts

Samples: Rights Agreement (Swift Energy Co), Rights Agreement (Diversified Corporate Resources Inc), Rights Agreement (Prosofttraining Com)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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 5 contracts

Samples: Rights Agreement (Curtiss Wright Corp), Rights Agreement (Aramark Worldwide Corp), Rights Agreement (Aramark Worldwide Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Stock), on in his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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 5 contracts

Samples: Rights Agreement (Pediatric Services of America Inc), Rights Agreement Rights Agreement (Southern Electronics Corp), Rights Agreement (Nova Corp \Ga\)

Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), on may, in his own behalf and for his own benefit, may enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, of his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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 under, and injunctive relief against actual or threatened violations of, the obligations of any Person (including, without limitation, the Company) subject to this Agreement.

Appears in 5 contracts

Samples: Rights Agreement (Ballantyne Strong, Inc.), Rights Agreement (Euronet Worldwide Inc), Rights Agreement (Layne Christensen Co)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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 by the Company and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, by the Company of its obligations of any Person subject to under this Agreement.

Appears in 3 contracts

Samples: Rights Agreement, Rights Agreement (Groupon, Inc.), Rights Agreement (Silver Star Properties Reit, Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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: Rights Agreement (Hubbell Inc), Rights Agreement (Maxwell Technologies Inc), Rights Agreement (Hubbell Inc)

Rights of Action. All rights of action in respect of this AgreementPlan, excepting except the rights of action given to the Rights Agent under Section 18 hereofthis Plan, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on may, in his own behalf and for his own benefit, may enforceenforce this Plan, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Plan, or otherwise enforce or act in respect of, of his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such Right Certificate and in this AgreementPlan. 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 Plan by the Company and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, by the Company of its obligations of any Person subject to under this AgreementPlan.

Appears in 3 contracts

Samples: Tidewater (Tidewater Inc), Tax Benefits Preservation Plan (Tetra Technologies Inc), Tax Benefits Preservation Plan (Tetra Technologies Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on may, in his own behalf and for his own benefit, may enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, of his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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 by the Company and will shall be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to the Company under this Agreement.

Appears in 3 contracts

Samples: Rights Agreement (Spok Holdings, Inc), Rights Agreement (KOHLS Corp), Rights Agreement

Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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: Rights Agreement (C Cor Net Corp), Rights Agreement (Dupont Photomasks Inc), Rights Agreement (Intertrust Technologies Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Shares Acquisition Date, the registered holders of the Common StockShares); and any registered holder of any Right Certificate (or, prior to the Distribution Shares Acquisition Date, of the any Common StockShare), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Shares Acquisition Date, of the Common StockShares), on his may, in the holder's own behalf and for his the holder's own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his the holder's right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein and in this AgreementCertificate. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 3 contracts

Samples: Rights Agreement (Jo-Ann Stores Inc), Rights Agreement (Jo-Ann Stores Inc), Rights Agreement (Jo-Ann Stores Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, the registered holders of the Common Stock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, the registered holders of the Common Stock), on his own may, in such holder's behalf and for his own such holder's benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder's right to exercise the Rights evidenced by such Right Rights Certificate (or, prior to the Distribution Date, such certificates for Common Stock) in the manner provided therein 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 (Xerox Corp), Rights Agreement (Marketspan Corp), Rights Agreement (Insight Enterprises Inc)

Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of record of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common Stock); and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his may, in his, her or its own behalf and for his his, her or its own benefit, may 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 his, her or its right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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 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 Rights Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Dover Downs Gaming & Entertainment Inc), Rights Agreement (Dover Downs Gaming & Entertainment Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged 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 (Softech Inc), Rights Agreement (Theravance Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his such holder’s own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder’s right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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 And (Old Second Bancorp Inc), Rights Agreement (QCR Holdings Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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.will

Appears in 2 contracts

Samples: Rights Agreement (Birmingham Steel Corp), Rights Agreement (Birmingham Steel Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), on may, in his own behalf and for his own benefit, may enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, of his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common StockShares) in the manner provided therein in such 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 under, and injunctive relief against actual or threatened violations of, the obligations of any Person (including, without limitation, the Company) subject to this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Xyratex LTD), Rights Agreement (Sinovac Biotech LTD)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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 against, actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Volcano CORP), Rights Agreement (Volcano CORP)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the any Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Apache Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), on may, in his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of RightsRights or beneficial interests therein, it is specifically acknowledged that the holders of Rights or beneficial interests therein 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 (Safeguard Scientifics Inc Et Al)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the associated Common StockStock certificates); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the any associated Common StockStock certificate), without the consent of the Rights Agent or of the any holder of any other a Right Certificate (or, prior to the Distribution Date, of the an associated Common StockStock certificate), on his may, in such holder’s own behalf and for his such holder’s own benefit, may enforce, enforce and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder’s right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such the associated Common StockStock certificate) in the manner provided therein in such 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 this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Deluxe Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Palm Harbor Homes Inc /Fl/)

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Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on may, in his own behalf and for his own benefit, may enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, of his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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 by the Company and will shall 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 (including, without limitation, the Company) subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Digital Generation, Inc.)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the associated Common StockStock certificates); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the any associated Common StockStock certificate), without the consent of the Rights Agent or of the any holder of any other a Right Certificate (or, prior to the Distribution Date, of the an associated Common Stock)Stock certificate) may, on his in such holder's own behalf and for his such holder's own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder's right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such the associated Common StockStock certificate) in the manner provided therein in such 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 this Agreement.

Appears in 1 contract

Samples: Rights Agreement (National Computer Systems Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockUnits); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common StockUnits), 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 StockUnits), on may, in his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common StockUnits) in the manner provided therein in such 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 (Valero Gp Holdings LLC)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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. Section 16.

Appears in 1 contract

Samples: Rights Agreement Rights Agreement (Westcott Communications Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, to his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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.. CORPDAL:63568.5 15467-00006 24

Appears in 1 contract

Samples: Rights Agreement (Cairn Energy Usa Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to ---------------- Agreement other than those vested in the Rights Agent under in Section 18 hereof18, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), on may, in his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Rights Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of RightsRights or beneficial interests therein, it is specifically acknowledged that the holders of Rights or beneficial interests therein 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 (Closure Medical Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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.obligations

Appears in 1 contract

Samples: Rights Agreement (Au Bon Pain Co Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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.any

Appears in 1 contract

Samples: Rights Agreement (American Management Systems Inc)

Rights of Action. All rights of action in respect of this AgreementPlan, excepting except the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), on may, in his own behalf and for his own benefit, may enforceenforce this Plan, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Plan, or otherwise enforce or act in respect of, of his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such Right Certificate and in this AgreementPlan. 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 Plan and will shall be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person (including, without limitation, the Company) subject to this AgreementPlan.

Appears in 1 contract

Samples: Termination Agreement (Alpharma Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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.and

Appears in 1 contract

Samples: Rights Agreement (Acnielsen Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the 37 Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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

Samples: Rights Agreement (Spartech Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the associated Common StockStock certificates); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the any associated Common StockStock certificate), without the consent of the Rights Agent or of the any holder of any other a Right Certificate (or, prior to the Distribution Date, of the an associated Common StockStock certificate), on his may, in such holder's own behalf and for his such holder's own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder's right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such the associated Common StockStock certificate) in the manner provided therein in such 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 this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Adc Telecommunications Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common StockShares), 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 StockShares), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common StockShares) in the manner provided therein and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Centerline Holding Co)

Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein in such 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

Samples: Rights Agreement (Zland Com Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein 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 1 contract

Samples: Rights Agreement (Hubbell Inc)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the associated Common StockStock certificates); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the any associated Common StockStock certificate), without the consent of the Rights Agent or of the any holder of any other a Right Certificate (or, prior to the Distribution Date, of the an associated Common StockStock certificate), on his may, in such holder's own behalf and for his such holder's own benefit, may enforce, enforce and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his such holder's right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such the associated Common StockStock certificate) in the manner provided therein in such 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 this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Deluxe Corp)

Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Stock), 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 Stock), on his own behalf and for his own benefit, may enforce, and may institute and maintain any suit, action action, or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided therein and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of, the obligations of any Person subject to this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Kona Grill Inc)

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