Common use of Appointment of Rights Agent Clause in Contracts

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 41 contracts

Samples: Rights Agreement (Rudolph Technologies Inc), Rights Agreement (Renovis Inc), Stockholder Rights Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

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Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent Agents and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 20 contracts

Samples: Rights Agreement (Butler National Corp), Rights Agreement (Sigma Aldrich Corp), Rights Agreement (Hearusa Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 14 contracts

Samples: Rights Agreement (MRV Communications Inc), Rights Agreement (Comstock Resources Inc), Rights Agreement (Sanchez Energy Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such one or more co-Rights Agents as it may deem necessary or desirabledesirable (the term "Rights Agent" being used herein to refer, collectively, to the Rights Agent together with any such co-Rights Agents). In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 14 contracts

Samples: Rights Agreement (Associated Wholesale Grocers Group Inc), Rights Agreement (Air Products & Chemicals Inc /De/), Rights Agreement (Safety Fund Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 14 contracts

Samples: Rights Agreement (Desktop Metal, Inc.), Rights Agreement (Stratasys Ltd.), Rights Agreement (Kaltura Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section SECTION 3, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event If the Company appoints one or more co-Rights Agents, then the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 9 contracts

Samples: Rights Agreement (Interface Inc), Rights Agreement (Practiceworks Inc), Rights Agreement (National Vision Associates LTD)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 8 contracts

Samples: Rights Agreement (Patriot National Bancorp Inc), Shareholder Rights Agreement (American Science & Engineering Inc), Shareholder Rights Agreement (Alpha Industries Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any cothe Co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereofdetermines.

Appears in 8 contracts

Samples: Rights Agreement (Aar Corp), Rights Agreement (CSB Financial Group Inc), Rights Agreement (Aar Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 6 contracts

Samples: Rights Agreement (Communications Systems Inc), Rights Agreement (Hector Communications Corp), Rights Agreement (Urologix Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co"Co-Rights Agents Agents" as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 5 contracts

Samples: Rights Agreement (Norstan Inc), Rights Agreement (Lakes Gaming Inc), Rights Agreement (G&k Services Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 4 contracts

Samples: Rights Agreement (Bellwether Exploration Co), Rights Agreement (Nuevo Energy Co), Rights Agreement (Bellwether Exploration Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, 3 hereof shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 4 contracts

Samples: Rights Agreement (Insituform Technologies Inc), Rights Agreement (President Casinos Inc), Rights Agreement (Insituform Technologies Inc)

Appointment of Rights Agent. The Company hereby appoints --------------------------- the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 4 contracts

Samples: Rights Agreement (Catellus Development Corp), Rights Agreement (Amserv Healthcare Inc), Rights Agreement (Keystone Automotive Industries Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereofof this Agreement, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event If the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 3 contracts

Samples: Rights Agreement (Resource Bancshares Mortgage Group Inc), Rights Agreement (Union Texas Petroleum Holdings Inc), Rights Agreement (Healthcare Recoveries Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 3 contracts

Samples: Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc), Rights Agreement (Innodata Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date Date, also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent such other rights agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 3 contracts

Samples: Tax Benefit Preservation Plan (Transcept Pharmaceuticals Inc), Tax Benefit Preservation Plan (Us Airways Inc), Tax Benefit Preservation Plan (ModusLink Global Solutions Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents Agents” as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 3 contracts

Samples: Rights Agreement (Mechanical Technology Inc), Rights Agreement (Lakes Entertainment Inc), Rights Agreement (Lakes Entertainment Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereofof this Agreement, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 2 contracts

Samples: Rights Agreement (Dusa Pharmaceuticals Inc), Rights Agreement (Dusa Pharmaceuticals Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, who in accordance with Section 33 hereof shall, shall prior to the Distribution Date Date, also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent Agents and any co-Rights Agent Agents shall be as the Company shall may determine. Contemporaneously with such appointmentNo Rights Agent shall have a duty to supervise, if anyand in no event shall be liable for, the Company shall notify the acts or omissions of any such co-Rights Agent thereofAgent.

Appears in 2 contracts

Samples: Rights Agreement (GigOptix, Inc.), Rights Agreement (GigOptix, Inc.)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent such other rights agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 2 contracts

Samples: Rights Agreement (Wet Seal Inc), Rights Agreement (ModusLink Global Solutions Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent Agents and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointmentThe Rights Agent shall have no duty to supervise, if anyand in no event be liable for, the Company shall notify the acts of any such co-Rights Agent thereofAgent.

Appears in 2 contracts

Samples: Rights Agreement (Hawk Corp), Rights Agreement (Hawk Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirabledesirable (the term "Rights Agent" being used in this Agreement to refer, collectively, to the Rights Agent together with any such co-Rights Agent). In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the The Rights Agent thereofshall have no duty to supervise, and in no event shall be liable for the acts or omissions of any such co-Rights Agents.

Appears in 2 contracts

Samples: Rights Agreement (Methode Electronics Inc), Rights Agreement (Methode Electronics Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event that the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 2 contracts

Samples: Rights Agreement (Corn Products International Inc), Rights Agreement (Corn Products International Inc)

Appointment of Rights Agent. The Company hereby appoints the --------------------------- Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 2 contracts

Samples: Rights Agreement (Tivo Inc), Rights Agreement (Tivo Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent Agents and any co-Co- Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 2 contracts

Samples: Rights Agreement (Agouron Pharmaceuticals Inc), Rights Agreement (Agouron Pharmaceuticals Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date shall also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-co- Rights Agents, the respective duties of the Rights Agent and any co-co- Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 2 contracts

Samples: Rights Agreement (South Jersey Industries Inc), Rights Agreement (South Jersey Industries Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event that the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 2 contracts

Samples: Rights Agreement (Energizer Holdings Inc), Rights Agreement (Energizer Holdings Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the event acts or omissions of any such co-rights agent. If the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent rights agents shall be apportioned as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 2 contracts

Samples: Rights Agreement (Interline Brands, Inc./De), Rights Agreement (Houston Wire & Cable CO)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Sinovac Biotech LTD)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (whowho shall, in accordance with Section 33 hereof, shall prior to the Distribution Date also Date, be the holders of the Common SharesStock of the Company) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents Agents, as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Shaw Industries Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event If the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Harland John H Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Shareholder Rights Agreement (One Price Clothing Stores Inc)

Appointment of Rights Agent. The Company hereby appoints --------------------------- the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereofof this Agreement, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event If the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Weeks Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such co-Rights Agent. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Advanced Medical Optics Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsrights agents, the respective duties of the Rights Agent and any co-Rights Agent rights agent shall be as the Company shall reasonably determine. Contemporaneously , provided that such duties and determination are consistent with the terms and provisions of this Agreement and that contemporaneously with such appointment, if any, the Company shall notify the Rights Agent in writing thereof.

Appears in 1 contract

Samples: Tax Benefits Preservation Plan (Rite Aid Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-co- Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (First Health Group Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-co- Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Intelligent Systems Corp)

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Appointment of Rights Agent. The Company hereby --------------------------- appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event If the Company appoints one or more co-Rights Agents, then the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Innotrac Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights coRights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Quantum Direct Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Co- Rights Agents, the respective duties of the Rights Agent Agents and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Northwestern Public Service Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agentsdesirable and, if it does so, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (First Financial Bancorp /Oh/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Co- Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent Agents and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Dover Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent. In the event that the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify and any actions which may be taken by the Rights Agent thereofpursuant to the terms of this Agreement may be taken by any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Citizens Communications Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event If the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Americhoice Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Class A Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Class A Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time time, upon prior written notice to the Rights Agent, appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, desirable and the respective duties of the Rights Agent and any cothe Co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Class a Rights Agreement (Ben & Jerrys Homemade Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Rainforest Cafe Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such one or more co-Rights Agents Agent as it may deem necessary or desirabledesirable (the term "Rights Agent" being used herein to refer, collectively, to the Rights Agent together with any such co-Rights Agent). In the event the Company appoints one or more co-Rights AgentsAgent, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointmentThe Rights Agent shall have no duty to supervise, if anyand in no event shall be liable for, the Company shall notify the acts or omissions of any such co-Rights Agent thereofAgent.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Sanchez Computer Associates Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Co- Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Alpha Industries Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Province Healthcare Co)

Appointment of Rights Agent. The Company hereby appoints --------------------------- the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the then acting Rights Agent or co-Rights Agents thereof.

Appears in 1 contract

Samples: Rights Agreement (Assisted Living Concepts Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to outstanding on the Distribution Record Date also be the holders of the Common Shares) and issued thereafter in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-rights agents ("Co-Rights Agents Agents") as it may deem necessary or desirabledesirable upon written notice to the Rights Agent. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify determine and any actions that may be taken by the Rights Agent thereofpursuant to this Agreement may be taken by any such Co-Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Lancaster Colony Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event If the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, and the Company shall notify will notify, in writing, the Rights Agent thereofand any co-Rights Agents of any such respective duties.

Appears in 1 contract

Samples: Rights Agreement (Gulf Island Fabrication Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any the co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Hubbell Inc)

Appointment of Rights Agent. The Company hereby --------------------------- appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Amgen Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirabledesirable (the term "Rights Agent" being used in this Agreement to refer, collectively, to the Rights Agent together with any such co-Rights Agents). In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the The Rights Agent thereofshall have no duty to supervise, and in no event shall be liable for the acts or omissions of any such co-Rights Agents.

Appears in 1 contract

Samples: Rights Agreement (Stratos Lightwave Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Class B Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Class B Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time time, upon prior written notice to the Rights Agent, appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more co-Rights Agents, desirable and the respective duties of the Rights Agent and any cothe Co-Rights Agent shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof...

Appears in 1 contract

Samples: Class B Rights Agreement (Ben & Jerrys Homemade Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms term and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such one or more co-Rights Agents as it may deem necessary or desirabledesirable (the term "Rights Agent" being used herein to refer, collectively, to the Rights Agent together with any such co-Rights Agents). In the event the Company appoints one or more co-Rights Agents, the respective duties of the Rights Agent and any co-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (RCM Technologies Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common SharesStock) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event that the Company appoints one or more co-Co- Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Corn Products International Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent Agents and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Agouron Pharmaceuticals Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 33 hereof, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. In the event the Company appoints one or more coCo-Rights Agents, the respective duties of the Rights Agent and any coCo-Rights Agent Agents shall be as the Company shall determine. Contemporaneously with such appointment, if any, the Company shall notify the Rights Agent thereof.

Appears in 1 contract

Samples: Rights Agreement (Osullivan Industries Holdings Inc)

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