Common Contracts
11 similar Tax Benefit Preservation Plan contracts by Leap Wireless International Inc, Radian Group Inc, Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp., others
BEBE STORES, INC. and COMPUTERSHARE TRUST COMPANY, N.A. as Rights Agent Tax Benefit Preservation Plan Dated as of January 12, 2018Tax Benefit Preservation Plan • January 16th, 2018 • Bebe Stores, Inc. • Women's, misses', and juniors outerwear • New York
date as may be determined by action of the Board of Directors prior to such time as any person or group becomes an Acquiring Person) following the commencement of, or announcement by the Company of an intention to make, a tender offer or exchange offer the consummation of which would result in the beneficial ownership by a person or group of 4.99% or more of the Common Stock (the earlier of (i) and (ii) being called the “Distribution Date”), the Rights will be evidenced, with respect to any of the Common Stock certificates outstanding as of the Record Date, by such Common Stock certificates or, with respect to any uncertificated Common Stock registered in book entry form, by notation in book entry, in either case together with a copy of this Summary of Rights. The Board can postpone the Distribution Date in certain circumstances. Shares held by persons participating in a group are deemed to be beneficially owned by all persons treated as the same entity for purposes of Section 382 of t
TRANSCEPT PHARMACEUTICALS, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights Agent Tax Benefit Preservation Plan Dated as of September 13, 2013Tax Benefit Preservation Plan • September 13th, 2013 • Transcept Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
Person”) or (ii) the close of business on the tenth (10th) business day (or such later date as may be determined by action of the Board of Directors prior to such time as any person or group becomes an Acquiring Person) following the commencement or announcement of an intention to make a tender offer or exchange offer the consummation of which would result in the beneficial ownership by a person or group of 4.99% or more of the Common Stock (the earlier of (i) and (ii) being called the “Distribution Date”), the Rights will be evidenced, with respect to any of the Common Stock certificates outstanding as of the Record Date, by such Common Stock certificates or, with respect to any uncertificated Common Stock registered in book entry form, by notation in book entry, in either case together with a copy of this Summary of Rights. The Board can postpone the Distribution Date in certain circumstances. Shares held by persons participating in a group are deemed to be beneficially owned by all
CapitalSource Inc. and American Stock Transfer & Trust Company, LLC Tax Benefit Preservation Plan Dated as of July 22, 2013Tax Benefit Preservation Plan • July 23rd, 2013 • Capitalsource Inc • State commercial banks • Delaware
Exercisability. The Rights will not be exercisable until 10 days after the public announcement by the Company that a person or group has become an “Acquiring Person” by obtaining beneficial ownership, after July 22, 2013, of 4.9% or more of our outstanding common stock (or if already the beneficial owner of at least 4.9% of our outstanding common stock, by acquiring additional shares of our common stock), unless exempted by the Board.
US AIRWAYS GROUP, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights Agent Tax Benefit Preservation Plan Dated as of February 13, 2013Tax Benefit Preservation Plan • February 14th, 2013 • Us Airways Inc • Air transportation, scheduled • Delaware
Tax Benefit Preservation Plan, dated as of February 13, 2013 (this “Plan”), between US AIRWAYS GROUP, INC., a Delaware corporation (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, a New York limited liability trust company, as Rights Agent (the “Rights Agent”).
MODUSLINK GLOBAL SOLUTIONS, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights Agent Tax Benefit Preservation Plan Dated as of October 17, 2011Tax Benefit Preservation Plan • October 18th, 2011 • ModusLink Global Solutions Inc • Services-business services, nec • Delaware
be determined by action of the Board of Directors prior to such time as any person or group becomes an Acquiring Person) following the commencement or announcement of an intention to make a tender offer or exchange offer the consummation of which would result in the beneficial ownership by a person or group of 4.99% or more of the Common Stock (the earlier of (i) and (ii) being called the “Distribution Date”), the Rights will be evidenced, with respect to any of the Common Stock certificates outstanding as of the Record Date, by such Common Stock certificates or, with respect to any uncertificated Common Stock registered in book entry form, by notation in book entry, in either case together with a copy of this Summary of Rights. The Board can postpone the Distribution Date in certain circumstances. Shares held by persons participating in a group are deemed to be beneficially owned by all persons treated as the same entity for purposes of Section 382 of the Code. The Plan provides that
Leap Wireless International, Inc. and Mellon Investor Services LLC as Rights Agent Tax Benefit Preservation Plan Dated as of August 30, 2011Tax Benefit Preservation Plan • August 31st, 2011 • Leap Wireless International Inc • Radiotelephone communications • Delaware
acquire, beneficial ownership of 4.99% or more of the Common Stock (an “Acquiring Person”) or (ii) the close of business on the tenth business day following the commencement or announcement of an intention to make a tender offer or exchange offer the consummation of which would result in the beneficial ownership by a person or group of 4.99% or more of the Common Stock (the earlier of (i) and (ii) being called the “Distribution Date”), the Rights will be evidenced, with respect to any of the Common Stock certificates outstanding as of the Record Date, by such Common Stock certificates, or, with respect to any uncertificated Common Stock registered in book entry form, by notation in book entry, in either case together with a copy of this Summary of Rights. The Board can postpone the Distribution Date in certain circumstances. Shares held by persons participating in a group are deemed to be beneficially owned by all persons treated as the same entity for purposes of Section 382 of the Co
RENTECH, INC. and COMPUTERSHARE TRUST COMPANY, N.A. as Rights Agent Tax Benefit Preservation Plan Dated as of August 5, 2011Tax Benefit Preservation Plan • August 5th, 2011 • Rentech Inc /Co/ • Agricultural chemicals • Delaware
Until the earlier to occur of (i) the close of business on the tenth (10) business day following a public announcement that a person or group has acquired, or obtained the right to acquire, beneficial ownership of 4.99% or more of the Common Stock (an “Acquiring Person”) or (ii) the close of business on the tenth (10) business day (or such later date as may be determined by action of the Board of Directors prior to such time as any person becomes an Acquiring Person) following the commencement or announcement of an intention to make a tender offer or exchange offer the consummation of which would result in the beneficial ownership by a person or group of 4.99% or more of the Common Stock (the earlier of (i) and (ii) being called the “Distribution Date”), the Rights will be evidenced, with respect to any of the Common Stock certificates outstanding as of the Record Date, by such Common Stock certificates or, with respect to any uncertificated Common Stock registered in book entry form,
Leap Wireless International, Inc. and Mellon Investor Services LLC as Rights Agent Tax Benefit Preservation Plan Dated as of September 13, 2010Tax Benefit Preservation Plan • September 14th, 2010 • Leap Wireless International Inc • Radiotelephone communications • Delaware
acquire, beneficial ownership of 4.99% or more of the Common Stock (an “Acquiring Person”) or (ii) the close of business on the tenth business day following the commencement or announcement of an intention to make a tender offer or exchange offer the consummation of which would result in the beneficial ownership by a person or group of 4.99% or more of the Common Stock (the earlier of (i) and (ii) being called the “Distribution Date”), the Rights will be evidenced, with respect to any of the Common Stock certificates outstanding as of the Record Date, by such Common Stock certificates, or, with respect to any uncertificated Common Stock registered in book entry form, by notation in book entry, in either case together with a copy of this Summary of Rights. The Board can postpone the Distribution Date in certain circumstances. Shares held by persons participating in a group are deemed to be beneficially owned by all persons treated as the same entity for purposes of Section 382 of the Co
RADIAN GROUP INC. and THE BANK OF NEW YORK MELLON as Rights Agent TAX BENEFIT PRESERVATION PLAN Dated as of October 9, 2009 Amended and Restated as of February 12, 2010Tax Benefit Preservation Plan • February 17th, 2010 • Radian Group Inc • Surety insurance • Delaware
This Tax Benefit Preservation Plan, dated as of October 9, 2009 (“Plan”), is entered into between Radian Group Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon, a New York banking corporation, as Rights Agent (the “Rights Agent”). As of February 12, 2010, the parties desire to amend and restate the Plan in its entirety, as set forth below.
Page 1. Certain Definitions. 1 2. Appointment of Rights Agent. 6 3. Issue of Right Certificates. 6 4. Form of Right Certificates. 8 5. Countersignature and Registration. 9 6. Transfer, Split Up, Combination and Exchange of Right Certificates;...Tax Benefit Preservation Plan • October 13th, 2009 • Radian Group Inc • Surety insurance • Delaware
This Tax Benefit Preservation Plan, dated as of October 9, 2009 (“Plan”), is entered into between Radian Group Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon, a New York banking corporation, as Rights Agent (the “Rights Agent”).
ACCESS INTEGRATED TECHNOLOGIES, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights Agent TAX BENEFIT PRESERVATION PLAN Dated as of August 10, 2009Tax Benefit Preservation Plan • August 12th, 2009 • Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp. • Services-business services, nec • Delaware
the Company. A Tax Benefit Preservation Plan with a 4.99% "trigger" threshold is intended to act as a deterrent to any person acquiring 4.99% or more of the outstanding shares of Common Stock without the approval of the Board of Directors. This would protect the Company's NOL asset because changes in ownership by a person owning less than 4.99% of the Common Stock are not included in the calculation of "ownership change" for purposes of Section 382 of the Code.
