Adjustment of Purchase Price, Number and Kind of Shares or Number of Rights. The Purchase Price, the number and kind of shares covered ------------------- by each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 11.
Adjustment of Purchase Price, Number and Kind of Shares. OR NUMBER OF RIGHTS. The Purchase Price, the number and kind of shares covered by each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 11.
Adjustment of Purchase Price, Number and Kind of Shares. The Purchase Price and the number and kind of securities issuable upon the exercise of this Warrant shall be subject to adjustment from time to time and the Company agrees to provide notice upon the happening of certain events as follows.
Adjustment of Purchase Price, Number and Kind of Shares. Or Number of Rights 13 Section 12. Certificate of Adjusted Purchase Price Or Number of Shares 20 Section 13. Consolidation, Merger Or Sale Or Transfer of Assets Or Earning Power 21 Section 14. Fractional Rights and Fractional Shares 23 Section 15. Rights of Action 24 Section 16. Agreement of Right Holders 25 Section 17. Right Certificate Holder Not Deemed A Stockholder 25 Section 18. Concerning The Rights Agent 26 Section 19. Merger of Consolidation Or Change of Name of Rights Agents 26 Section 20. Duties of Rights Agent 27 Section 21. Change of Rights Agent 29 Section 22. Issuance of New Right Certificates 30 Section 23. Redemption 30 Section 24. Exchange 31 Section 25. Notice of Proposed Actions 32 Section 26. Notices 33 Section 27. Supplements and Amendments 33 Section 28. Successors 34 Section 29. Determinations and Actions By The Board, Etc 34 Section 30. Benefits of This Agreement 34 Section 31. Severability 34 Section 32. Governing Law 34 Section 33. Counterparts 35 Section 34. Descriptive Headings 35 SECOND AMENDED AND RESTATED RIGHTS AGREEMENT SECOND AMENDED AND RESTATED RIGHTS AGREEMENT dated as of April 27, 2006 between Florida East Coast Industries, Inc., a Florida corporation (the “Company”), and American Stock Transfer & Trust Company, a New York corporation, as Rights Agent (the “Rights Agent”),
Adjustment of Purchase Price, Number and Kind of Shares or Number of Rights. The Purchase Price, the number and kind of shares covered --------------------- by each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 11. (a) (i) In the event the Company shall at any time after the date of this Agreement (A) declare a dividend on the Common Stock payable in shares or fractional units of shares of Common Stock, (B) subdivide the outstanding Common Stock, (C) combine the outstanding Common Stock into a smaller number of shares or (D) issue any shares of its capital stock in a reclassification of the Common Stock (including any such reclassification in connection with a consolidation or merger in which the Company is the continuing or surviving corporation), except as otherwise provided in this Section 11(a), and Section 7(e), the Purchase Price in effect at the time of the record date for such dividend or of the effective date of such subdivision, combination or reclassification, and the number of shares (or fractions thereof) of Common Stock and the number and kind of shares of capital stock issuable on such date upon exercise of a 19
Adjustment of Purchase Price, Number and Kind of Shares or Number of Rights. (a)(i) If the Company shall at any time after the date of ------------------- this Agreement (A) pay a dividend on the Preferred Stock payable in shares of Preferred Stock, (B) subdivide the outstanding Preferred Stock into a greater number of shares, (C) combine the outstanding Preferred Stock into a smaller number of shares or (D) issue any shares of its capital stock in a reclassification of the Preferred Stock (including any such reclassification in connection with a consolidation or merger involving the Company), the Purchase Price in effect immediately prior to the record date for such dividend or of the effective date of such subdivision, combination or reclassification, and the number and kind of shares of Preferred Stock or other capital stock issuable on such date shall be proportionately adjusted so that each holder of a Right shall (except as otherwise provided herein, including Section 7(d)) thereafter be entitled to receive, upon exercise thereof at the Purchase Price in effect immediately prior to such date, the aggregate number and kind of shares of Preferred Stock or other capital stock, as the case may be, which, if such Right had been exercised immediately prior to such date and at a time when the applicable transfer books of the Company were open, such holder would have been entitled to receive upon such exercise and by virtue of such dividend, subdivision, combination or
Adjustment of Purchase Price, Number and Kind of Shares or Number of Rights) and Section 13(a) (Consolidation, Merger or Sale or Transfer of Assets or Earning Power — Flip-over Event) and shall be payable in accordance with paragraph (a) of this Section 7.
