Amendment to Section 21 of the Rights Agreement. Section 21 of the Rights Agreement shall be amended in its entirety to read as follows: “The Rights Agent or any successor Rights Agent may resign and be discharged from its duties under this Agreement upon thirty (30) days’ notice in writing mailed to the Company and to each transfer agent of the Preferred Shares and the Common Shares by registered or certified mail, and to the holders of the Rights Certificates by first-class mail. If there is a transfer agency relationship in effect between the Company and Rights Agent, and that relationship terminates, the Rights Agent will be deemed to resign automatically on the effective date of such termination, and any required notice to transfer agents or holders of the Rights Certificates will be sent by the Company, provided that Rights Agent promptly provides a list of and contact information for such holders. The Company may remove the Rights Agent or any successor Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent or successor Rights Agent, as the case may be, and to each transfer agent of the Preferred Shares and the Common Shares by registered or certified mail, and to the holders of the Rights Certificates by first-class mail. If the Rights Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Rights Agent. If the Company shall fail to make such appointment within a period of thirty (30) days after giving notice of such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of a Rights Certificate (who shall, with such notice, submit his or her Rights Certificate for inspection by the Company), then the registered holder of any Rights Certificate may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Company or by such a court, shall be a corporation organized and doing business under the laws of the United States or of any state of the United States, in good standing, which is authorized under such laws to exercise corporate trust or stockholder services powers and is subject to supervision or examination by federal or state authority and which has at the time of its appointment as Rights Agent a combined capital and surplus of at least $100 million. After appointment, the successor Rights Agent shall be vested with the same ...
Amendment to Section 21 of the Rights Agreement. Pursuant to Section 27 of the Agreement (Supplements and Amendments), the undersigned amend Section 21 of the Agreement by deleting the fifth sentence of Section 21 of the Rights Agreement in its entirety and replacing it with the following sentence, which sentence shall read in its entirety as follows: "Any successor Rights Agent, whether appointed by the Company or by such a court, shall be either (a) a corporation organized and doing business under the laws of the United States or the laws of any state of the United States or the District of Columbia, in good standing, and having an office in the State of Texas or the State of New York, which is authorized under such laws to execute corporate trust or stock transfer powers and is subject to the supervision or examination by federal or state authority and which has at the time of its appointment as Rights Agent a combined capital and surplus of at least $10 million or (b) an affiliate of such corporation."
Amendment to Section 21 of the Rights Agreement. Section 21. Change of Rights Agent of the Rights Agreement is amended by deleting the fifth sentence of such section (beginning with "Any successor Rights Agent, whether ....") and replacing it with the following: "Any successor Rights Agent, whether appointed by the Company or by such a court, shall be a corporation, limited liability company or trust company organized and doing business under the laws of the United States or any state, in good standing, which is authorized under such laws to exercise corporate trust or stock transfer powers and is subject to supervision or examination by federal or state authority and which has, individually or combined with an affiliate, at the time of its appointment as Rights Agent a combined capital and surplus of at least $100 million."
Amendment to Section 21 of the Rights Agreement. Section 21 of the Rights Agreement is hereby amended to provide that any successor Rights Agent shall, at the time of its appointment as Rights Agent, have a combined capital and surplus of at least $20,000,000, instead of $50,000,000 as currently provided. The fifth (5th) sentence of Section 21 of the Rights Agreement shall now read as follows: “Any successor Rights Agent, whether appointed by the Company or by such a court, shall be a corporation organized and doing business under the laws of the United States or the laws of any state of the United States or the District of Columbia, in good standing, having an office in the Commonwealth of Pennsylvania or the State of New York, which is authorized under such laws to exercise corporate trust or stock transfer powers and is subject to supervision or examination by federal or state authority and which has at the time of its appointment as Rights Agent a combined capital and surplus of at least $20 million.”
Amendment to Section 21 of the Rights Agreement. Section ----------------------------------------------- 21 of the Rights Agreement is hereby amended to add the following new sentence at the end of the first sentence thereof: "In the event the transfer agency relationship in effect between the Company and the Rights Agent terminates, the Rights Agent will be deemed to resign automatically on the effective date of such termination; and any required notice will be sent by the Company."
Amendment to Section 21 of the Rights Agreement. The following sentence is hereby inserted immediately following the second sentence of Section 21: “In the event the transfer agency relationship in effect between the Company and the Rights Agent terminates, the Rights Agent will be deemed to have been removed by the Company and the Rights Agent shall have no further notice obligations pursuant to this Section 21.”
