Common use of Rights Plans Clause in Contracts

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the Mandatory Conversion Date, upon conversion of any shares of the Series B Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iii) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Sun Bancorp Inc /Nj/), Securities Purchase Agreement (Sun Bancorp Inc /Nj/), Securities Purchase Agreement (Brown Bernard A)

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Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the Mandatory any Conversion Date, upon conversion of any shares of the Series B Preferred Stock, the Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory such Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation had made a distribution issued the rights to all holders of the Common Stock as described in clause (iii) abovean issuance triggering an adjustment pursuant to Section 10(a)(iii), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 3 contracts

Samples: Amendment Agreement (Nci Building Systems Inc), Investment Agreement (Nci Building Systems Inc), Investment Agreement (Nci Building Systems Inc)

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the Mandatory Conversion Date, upon conversion of any shares of the Series B Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iii3) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 3 contracts

Samples: Investment Agreement (Tib Financial Corp.), Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.)

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the Mandatory Conversion Date, upon conversion of any shares of the Series B A Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iii3) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Registration Rights Agreement (First Mariner Bancorp)

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the Mandatory applicable Conversion Date, upon conversion of any shares of the Series B C Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory applicable Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iii) above, subject to readjustment in the event of the expiration, expiration or termination or redemption of such rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Giga Tronics Inc)

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the any Mandatory Conversion Date, upon conversion of any shares of the Series B Preferred Stock, Holders will shall receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the such Mandatory Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will shall be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iiiiv) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Stock Purchase Agreement (Doral Financial Corp)

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock Shares on the Mandatory Conversion Date, upon conversion of any shares of the Series B Preferred StockShares, Holders will receive, in addition to the shares of Common StockShares, the rights under the rights plan, unless, prior to the such Mandatory Conversion Date, the rights have separated from the shares of Common StockShares, in which case the Conversion Price Rate will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock Shares as described in clause (iiiiv) aboveof this Section 10(a), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Porter Bancorp, Inc.

Rights Plans. To the extent that the Corporation Company has a rights plan in effect with respect to the Company Common Stock on the Mandatory Conversion Date, upon conversion of any shares of the Series B Preferred Stock, Holders will receive, in addition to the shares of Non-Voting Common Stock, the rights under the rights plan, unless, prior to the Mandatory Conversion Date, the rights have separated from the shares of Non-Voting Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation Company had made a distribution to all holders of the Non-Voting Common Stock as described in clause (iiiiv) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Intermountain Community Bancorp)

Rights Plans. To the extent that the Corporation Company has a rights plan in effect with respect to the Common Stock on the Mandatory any Conversion Date, upon conversion of any shares of the Series B Preferred Stock, the Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory such Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation Company had made a distribution to all holders of the Common Stock as described in clause (iiiiv) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Investment Agreement (DBD Cayman, Ltd.)

Rights Plans. To the extent that the Corporation Company has a rights plan in effect with respect to the Common Stock on the Mandatory Conversion Date, upon conversion of any shares of the Series B A Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price Ratio will be adjusted at the time of separation as if the Corporation Company had made a distribution to all holders of the Common Stock as described in clause (iiid) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Funding Agreement (Hilltop Holdings Inc.)

Rights Plans. To the extent that the Corporation Company has a rights plan in effect with respect to the Class A Common Stock on the Mandatory any Conversion Date, upon conversion of any shares portion of the Series B Preferred Stockthis Note, Holders will receive, in addition to the shares of Class A Common Stock, the rights under the rights plan, unless, prior to the Mandatory such Conversion Date, the rights have separated from the shares of Class A Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation Company had made a distribution to all holders of the Class A Common Stock as described in clause (iiiiv) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Merger Agreement (Heartland Financial Usa Inc)

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Rights Plans. To the extent that the Corporation has a shareholders’ rights plan in effect with respect to the Common Stock on the Mandatory Conversion Date, upon conversion of any shares of the Series B Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory such Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iiiSection 10(a)(iv) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Heritage Commerce Corp)

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the Mandatory Conversion Date, upon conversion of any shares of the Series B C Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iiiiv) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Escrow Agreement (Oriental Financial Group Inc)

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the Mandatory any Conversion Date, upon conversion of any shares of the Series B C Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory such Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price Rate will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iiiiv) aboveof this Section 14(a), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Subscription Agreement (Oriental Financial Group Inc)

Rights Plans. To the extent that the Corporation Company has a rights plan in effect with respect to the Common Stock on the Mandatory any Conversion Date, upon conversion of any shares of the Series B C Preferred Stock, the Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory such Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation Company had made a distribution to all holders of the Common Stock as described in clause (iiiiv) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Investment Agreement (TriState Capital Holdings, Inc.)

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the Mandatory applicable Conversion Date, upon conversion of any shares of the Series B Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory applicable Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iii) above, subject to readjustment in the event of the expiration, expiration or termination or redemption of such rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Giga Tronics Inc)

Rights Plans. To the extent that the Corporation Company has a rights plan in effect with respect to the Common Stock on the Mandatory Conversion Date, upon conversion of any the shares of the Series B A Preferred Stock, the Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation Company had made a distribution to all holders of the Common Stock as described in clause (iiiiv) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Investment Agreement (DBD Cayman, Ltd.)

Rights Plans. To the extent that the Corporation has a rights plan in effect with respect to the Common Stock on the Mandatory applicable Conversion Date, upon conversion of any shares of the Series B D Preferred Stock, Holders will receive, in addition to the shares of Common Stock, the rights under the rights plan, unless, prior to the Mandatory applicable Conversion Date, the rights have separated from the shares of Common Stock, in which case the Conversion Price will be adjusted at the time of separation as if the Corporation had made a distribution to all holders of the Common Stock as described in clause (iii) above, subject to readjustment in the event of the expiration, expiration or termination or redemption of such rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Giga Tronics Inc)

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