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 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.

Appears in 87 contracts

Samples: Rights Agreement (Pillarstone Capital Reit), Rights Agreement, Rights Agreement (Southwest Gas Holdings, Inc.)

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Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The With the consent of the Rights Agent, the Company may from time to time appoint such coCo-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.

Appears in 60 contracts

Samples: Rights Agreement (Mothers Work Inc), Rights Agreement (Education Lending Group Inc), Rights Agreement (Navigant 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 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. The If the Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent shall have no duty to supervise, and in no event any Co-Rights Agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 30 contracts

Samples: Rights Agreement (Murphy Oil Corp /De), Rights Agreement (Netro Corp), Form of Rights Agreement (Rj Reynolds Tobacco Holdings Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company shall act as Co-Rights Agent and may from time to time appoint such coother Co-Rights Agents as it may deem necessary or desirabledesirable upon ten calendar days' written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and in In no event shall the Rights Agent have any duty to supervise or in any way be liable for, the acts or omissions of any for such coCo-Rights AgentAgents.

Appears in 26 contracts

Samples: Rights Agreement (Trimas Corp), Rights Agreement (National Fuel Gas Co), Rights Agreement (Lexmark International Group Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 as it may deem necessary or desirable. The In the event the Company appoints one or more Co-Rights Agent shall have no duty to superviseAgents, the respective duties of the Rights Agents and in no event any Co-Rights Agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 22 contracts

Samples: Rights Agreement (Quanex Corp), Rights Agreement (Finisar Corp), Rights Agreement (American Residential Investment Trust Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for 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 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.

Appears in 20 contracts

Samples: Rights Agreement (Family Dollar Stores Inc), Rights Agreement (Mens Wearhouse Inc), Rights Agreement (Family Dollar Stores Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The With the consent of the Rights Agent, 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.

Appears in 20 contracts

Samples: Rights Agreement (JDS Uniphase Corp /Ca/), Rights Agreement (JDS Uniphase Corp /Ca/), Rights Agreement (Mim Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of Rights 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.

Appears in 16 contracts

Samples: Rights Agreement (City National Corp), Rights Agreement (4 Kids Entertainment Inc), Rights Agreement (Building Materials Holding Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents as it may deem necessary or desirable. The 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 have no duty to supervisebe as the Company shall determine. Contemporaneously with such appointment, and in no event shall be liable forif any, the acts or omissions of any such co-Company shall notify the Rights AgentAgent thereof.

Appears in 13 contracts

Samples: Rights Agreement (Hilton Hotels Corp), Rights Agreement (Park Place Entertainment Corp), Rights Agreement (Jmar Technologies Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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 coCo-Rights Agent.

Appears in 12 contracts

Samples: Rights Agreement (Ari Network Services Inc /Wi), Rights Agreement (New Nisource Inc), Rights Agreement (Vari Lite International Inc)

Appointment of Rights Agent. 2.1. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation 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.

Appears in 12 contracts

Samples: Rights Agreement (Macropore Inc), Rights Agreement (Remec Inc), Rights Agreement (Pyramid Breweries Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 as it may deem necessary or desirable. The Any actions which may be taken by the Rights Agent shall have no duty pursuant to supervise, and in no event shall the terms of this Agreement may be liable for, the acts or omissions of taken by any such coCo-Rights Agent.

Appears in 10 contracts

Samples: Rights Agreement (WABCO Holdings Inc.), Rights Agreement (WABCO Holdings Inc.), Rights Agreement (Steris Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents rights agents as it may deem necessary or desirabledesirable upon ten days written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, supervise and shall in no event shall be liable for, for the acts or omissions of of, any such co-Rights Agentrights agent.

Appears in 10 contracts

Samples: Rights Agreement (DynCorp International Inc), Rights Agreement (DynCorp International Inc), Rights Agreement (Weight Watchers International Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 as it may deem necessary or desirable. The Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 10 contracts

Samples: Stockholder Rights Agreement (Alteon Inc /De), Stockholder Rights Agreement (dELiAs, Inc.), Stockholder Rights Agreement (dELiAs, Inc.)

Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation 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.

Appears in 9 contracts

Samples: Rights Agreement (Neurobiological Technologies Inc /Ca/), Rights Agreement (Depomed Inc), Rights Agreement (Starwood Hotel & Resorts Worldwide Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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 Agentrights agent.

Appears in 9 contracts

Samples: Charter Protection Agreement (LendingClub Corp), Rights Agreement (Alj Regional Holdings Inc), Rights Agreement (Aerocentury Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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, for the acts or omissions of any such co-Rights Agent.

Appears in 9 contracts

Samples: Rights Agreement (Resolute Energy Corp), Rights Agreement (Red Robin Gourmet Burgers Inc), Rights Agreement (Basic Earth Science Systems Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company shall act as Co-Rights Agent and may from time to time appoint such coother Co-Rights Agents as it may deem necessary or desirabledesirable upon ten calendar days' written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and in In no event shall the Rights Agent have any duty to supervise or in any way be liable for, for the acts actions or omissions of any such coCo-Rights AgentAgents.

Appears in 8 contracts

Samples: Rights Agreement (Anchor Glass Container Corp /New), Rights Agreement (Anchor Glass Container Corp /New), Rights Agreement (Sequa Corp /De/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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.

Appears in 8 contracts

Samples: Rights Agreement (Minerals Technologies Inc), Rights Agreement (Chaparral Steel CO), Rights Agreement (Microsemi Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 act as Co-Rights Agent and may from time to time, upon ten calendar days' written notice to the Rights Agent, appoint such coother Co-Rights Agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and in In no event shall the Rights Agent have any duty to supervise or in any way be liable for, the acts or omissions of any for such coCo-Rights AgentAgents.

Appears in 8 contracts

Samples: Rights Agreement (Goodyear Capital Trust I), Rights Agreement (Goodyear Tire & Rubber Co /Oh/), Rights Agreement (Goodyear Tire & Rubber Co /Oh/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents as it may deem necessary or desirabledesirable and shall notify promptly the Rights Agent in writing of any such appointment. The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 7 contracts

Samples: Rights Agreement (Forgent Networks Inc), Preferred Shares Rights Agreement (Entertainment Distribution Co Inc), Preferred Shares Rights Agreement (Lance Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-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.

Appears in 7 contracts

Samples: Rights Agreement (Hollis Eden Pharmaceuticals Inc /De/), Rights Agreement (Aspect Development Inc), Rights Agreement (Hallwood Energy Corp)

Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation and the holders of the Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation may from time to time appoint such coCo-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.

Appears in 7 contracts

Samples: Rights Agreement (Gyrodyne Co of America Inc), Rights Agreement (Mediaone Group Inc), Rights Agreement (Calton Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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.

Appears in 7 contracts

Samples: Rights Agreement (Stancorp Financial Group Inc), Rights Agreement (Merix Corp), Rights Agreement (Stancorp Financial Group Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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, If the acts Company appoints one or omissions of any such more co-Rights AgentAgents, the respective duties of the Rights Agent and any co-Rights Agents shall be as the Company shall determine.

Appears in 7 contracts

Samples: Rights Agreement (Iteq Inc), Rights Agreement (Veritas DGC Inc), Rights Agreement (Veritas DGC Inc)

Appointment of Rights Agent. The Company hereby appoints the --------------------------- Rights Agent to act as agent for 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 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.

Appears in 7 contracts

Samples: Rights Agreement (Solitron Devices Inc), Rights Agreement (Sports Authority Inc /De/), Rights Agreement (Cellstar Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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 rights Agent.

Appears in 6 contracts

Samples: Rights Agreement (California Amplifier Inc), Rights Agreement (California Amplifier Inc), Rights Agreement (Chase Industries Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents as it may deem necessary or desirabledesirable upon prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 6 contracts

Samples: Rights Agreement (Angeles Mortgage Investment Trust), Rights Agreement (Baldwin Piano & Organ Co /De/), Rights Agreement (Pharmaceutical Marketing Services Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions hereofhereof (and no implied terms or conditions), 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 Agentrights agent.

Appears in 6 contracts

Samples: Rights Agreement, Purchase Preferred Stock, Sunlink Health Systems Inc

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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.

Appears in 6 contracts

Samples: Rights Agreement (Ilex Oncology Inc), Rights Agreement (Administaff Inc \De\), Rights Agreement (Patina Oil & Gas 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 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 Agent or Agents as it may deem necessary or desirable. The desirable and determine the respective duties of the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such coCo-Rights AgentAgents.

Appears in 6 contracts

Samples: Rights Agreement (Southwest Gas Corp), Rights Agreement (Southwest Gas Corp), Rights Agreement (Furon Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and in no event shall way be liable for, held responsible for the acts or omissions actions of any such coCo-Rights Agent.

Appears in 5 contracts

Samples: Rights Agreement (Key Technology Inc), Rights Agreement (Key Technology Inc), Rights Agreement (Key Technology 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 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 If the Company appoints one or more co-rights agents, the respective duties of the Rights Agent shall have no duty to supervise, and in no event any co-rights agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 5 contracts

Samples: Agreement (Kona Grill Inc), Rights Agreement (MAGNACHIP SEMICONDUCTOR Corp), Rights Agreement (Wits Basin Precious Minerals Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for 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 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 AgentAgents.

Appears in 5 contracts

Samples: Rights Agreement (Xenoport Inc), Rights Agreement (Trico Marine Services Inc), Agreement (Piper Jaffray Companies)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, supervise and in no event shall be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 4 contracts

Samples: Rights Agreement (Aerogen Inc), Rights Agreement (Capital Senior Living Corp), Rights Agreement (American Homestar Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for 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 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 Agentrights agent.

Appears in 4 contracts

Samples: Rights Agreement, Rights Agreement (W R Grace & Co), Rights Agreement (Marketwatch Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company shall act as Co-Rights Agent and may from time to time appoint such coother Co-Rights Agents as it may deem necessary or desirabledesirable upon ten calendar days’ written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and in In no event shall the Rights Agent have any duty to supervise or in any way be liable for, for the acts or omissions of any such coCo-Rights AgentAgents.

Appears in 4 contracts

Samples: Rights Agreement (National Fuel Gas Co), Rights Agreement (National Fuel Gas Co), Rights Agreement (National Fuel Gas Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 as it may deem necessary or desirable. The Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, for the acts or omissions of any such coCo-Rights Agent.

Appears in 4 contracts

Samples: Rights Agreement (Sovereign Bancorp Inc), Rights Agreement (Vist Financial Corp), Rights Agreement (First Leesport Bancorp Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 as it may deem necessary or desirable. The In the event the Company appoints one or more Co-Rights Agent, the respective duties of the Rights Agent and any Co-Rights Agent shall have no duty to supervise, and in no event be as the Company shall be liable for, the acts or omissions of any such co-Rights Agentdetermine.

Appears in 4 contracts

Samples: Rights Agreement (Tasty Baking Co), Rights Agreement (Checkpoint Systems Inc), Rights Agreement (Primesource Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 other co-Rights Agents rights agents as it may deem necessary or desirabledesirable upon written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and in In no event shall the Rights Agent have any duty to supervise or in any way be liable for, the acts or omissions of any for such co-Rights Agentrights agents.

Appears in 4 contracts

Samples: Shareholder Rights Agreement (Mack Cali Realty Corp), Shareholder Rights Agreement (Mack Cali Realty Corp), Shareholder Rights Agreement (Mack Cali Realty Corp)

Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as agent for the Company Corporation in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirabledesirable upon prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 4 contracts

Samples: Rights Agreement (Investors Title Co), Rights Agreement (Duke Energy Corp), Rights Agreement (Cone Mills 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 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.

Appears in 4 contracts

Samples: Rights Agreement (Wireless Facilities Inc), Rights Agreement (Kintera Inc), Rights Agreement (Millers Mutual Fire Insurance Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for 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 co-Rights Agents Agent 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 AgentAgent appointed by the Company.

Appears in 4 contracts

Samples: Shareholders Rights Agreement (Euroseas Ltd.), Shareholders Rights Agreement (EuroDry Ltd.), Stockholders Rights Agreement (Diana Containerships Inc.)

Appointment of Rights Agent. (a) The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights 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 If the Company appoints one or more co-rights agents, the respective duties of the Rights Agent shall have no duty to supervise, and in no event any co-rights agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 4 contracts

Samples: Rights Agreement (IHS Inc.), Rights Agreement (Callidus Software Inc), Rights Agreement (Aventine Renewable Energy Holdings Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company shall act as Co-Rights Agent and may from time to time appoint such coother Co-Rights Agents as it may deem necessary or desirabledesirable upon ten calendar days’ written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and in In no event shall the Rights Agent have any duty to supervise or in any way be liable for, the acts or omissions of any for such coCo-Rights AgentAgents.

Appears in 4 contracts

Samples: Rights Agreement (National Fuel Gas Co), Rights Agreement (National Fuel Gas Co), Rights Agreement (Lydall Inc /De/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and in no event shall be liable for, for the acts or omissions of any such coCo-Rights Agent.

Appears in 4 contracts

Samples: Rights Agreement (Penney J C Co Inc), Rights Agreement (Penney J C Co Inc), Rights Agreement (Geoworks /Ca/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights 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. The In the event that the Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent shall have no duty to supervise, and in no event any Co-Rights Agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 4 contracts

Samples: Rights Agreement (Ogden Corp), Rights Agreement (Southwestern Energy Co), Rights Agreement (Southwestern Energy Co)

Appointment of Rights Agent. The Company Corporation hereby appoints the Rights Agent to act as rights agent for the Company Corporation in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company Corporation may from time to time appoint such co-Rights Agents as it may deem necessary or desirable. The Rights Agent Agents shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights AgentAgent or Agents.

Appears in 4 contracts

Samples: Rights Agreement (Telewest Global Inc), Rights Agreement (Telewest Global Inc), Rights Agreement (Mettler Toledo International Inc/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company in accordance with the express terms and conditions hereofhereof (and no implied terms or conditions), 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.

Appears in 4 contracts

Samples: Rights Agreement (GeoEye, Inc.), Shareholders Rights Agreement (Genco Shipping & Trading LTD), Shareholders Rights Agreement (Baltic Trading LTD)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for 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 a co-Rights Agents rights agent as it may deem necessary or desirable. The In the event the Company appoints one or more co-rights agents, the respective duties of the Rights Agent shall have no duty to supervise, Agents and in no event any co-rights agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 3 contracts

Samples: Rights Agreement (Northstar Neuroscience, Inc.), Rights Agreement (Adam Inc), Rights Agreement (Jamba, Inc.)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company Com- pany in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company shall act as Co-Rights Agent and may from time to time appoint such coother Co-Rights Agents as it may deem necessary or desirablexxxxx- able upon ten calendar days' written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and in In no event shall the Rights Agent have any duty to supervise or in any way be liable for, the acts or omissions of any for such coCo-Rights AgentAgents.

Appears in 3 contracts

Samples: Rights Agreement (General Signal Corp), Rights Agreement (General Signal Corp), Rights Agreement (Consolidated Natural Gas Co)

Appointment of Rights Agent. (a) The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents rights agents as it may deem necessary or desirable. The If the Company appoints one or more co-rights agents, the respective duties of the Rights Agent shall have no duty to supervise, and in no event any co-rights agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 3 contracts

Samples: Shareholder Rights Plan (Sterling Financial Corp /Wa/), Shareholder Rights Plan (Sterling Financial Corp /Wa/), Shareholder Rights Plan (Sterling Financial Corp /Wa/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights 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. The If the Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent shall have no duty to supervise, and in no event any Co-Rights Agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 3 contracts

Samples: Rights Agreement (McDermott International Inc), Rights Agreement (Whittaker Corp), Rights Agreement (Murphy Oil Corp /De)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents 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.

Appears in 3 contracts

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

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions hereofhereof (and no implied terms or conditions), 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, for the acts or omissions of of, any such co-Rights Agentrights agents.

Appears in 3 contracts

Samples: Section 382 Rights Agreement (Cohen & Co Inc.), Section 382 Rights Agreement (Institutional Financial Markets, Inc.), Section 382 Rights Agreement (COHEN & Co INC.)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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 it be liable for, the acts or omissions of any such co-Rights Agentrights agents.

Appears in 3 contracts

Samples: Rights Agreement (Seahawk Drilling, Inc.), Rights Agreement (Dawson Geophysical Co), Rights Agreement (Pride SpinCo, Inc.)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The With the consent of the Rights Agent, 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.

Appears in 3 contracts

Samples: Rights Agreement (WebMD Health Corp.), Rights Agreement (Surewest Communications), Rights Agreement (Roseville Communications Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for in respect of the Company Rights 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. The If the Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent shall have no duty to supervise, and in no event any Co-Rights Agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 3 contracts

Samples: Rights Agreement (Adt Limited), Rights Agreement (Adt Limited), Rights Agreement (Adt Limited)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for the Company 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. 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.

Appears in 3 contracts

Samples: Rights Agreement (Watchguard Technologies Inc), Rights Agreement (Mercer International Inc), Rights Agreement (N2h2 Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointmentCompany. The Company may from time to time appoint such coCo-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.

Appears in 3 contracts

Samples: Rights Agreement (Quipp Inc), Rights Agreement (K Tron International Inc), Rights Agreement (K Tron 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, before the Distribution Date, also be the holders of the Company Common Stock) 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 Agentrights agent.

Appears in 3 contracts

Samples: Rights Agreement (Darden Restaurants Inc), Rights Agreement (Pinnacle Entertainment Inc.), Rights Agreement (Pinnacle Entertainment Inc.)

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Appointment of Rights Agent. The --------------------------- Company hereby appoints the Rights Agent to act as agent for 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 as it may deem necessary or desirable. The In the event the Company appoints one or more Co-Rights Agent shall have no duty to superviseAgents, the respective duties of the Rights Agents and in no event any Co-Rights Agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 2 contracts

Samples: Rights Agreement (Amerco /Nv/), Rights Agreement (Amerco /Nv/)

Appointment of Rights Agent. The Company hereby appoints re-confirms the appointment of the Rights Agent to act as rights agent for 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 as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Lazare Kaplan International Inc), Rights Agreement (Lazare Kaplan International Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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.

Appears in 2 contracts

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

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Co- Rights Agents as it may deem necessary or desirable. The Any actions which may be taken by the Rights Agent shall have no duty pursuant to supervise, and in no event shall the terms of this Agreement may be liable for, the acts or omissions of taken by any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Sis Bancorp Inc), Rights Agreement (Enterprise Bancorp Inc /Ma/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents as it may deem necessary or desirable. The Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event event, shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Diamondcluster International Inc), Rights Agreement (Chromavision Medical Systems 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 hereof, shall prior to the Distribution Date be the holders of Common Stock) 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 shall be liable for, the acts or omissions ommissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Birmingham Steel Corp), Rights Agreement (Birmingham Steel Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents rights agents as it may deem necessary or desirable, upon written notice to the Rights Agent. 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 Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (Compellent Technologies Inc), Rights Agreement (Cypress Bioscience Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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.

Appears in 2 contracts

Samples: Rights Agreement (Arkona Inc), Rights Agreement (Sundog Technologies Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights --------------------------- Agent to act as agent for 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 co-Rights Agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and in no In the event shall be liable for, the acts Company appoints one or omissions of any such more co-Rights AgentAgents, the respective duties of the Rights Agent and any co-Rights Agents shall be as the Company shall determine.

Appears in 2 contracts

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

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 as it may deem necessary or desirable. The Notwithstanding the foregoing, the Rights Agent Agents shall have no duty to supervise, and in no event event, shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Eagle Materials Inc), Rights Agreement (Centex Construction Products Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 act as Co-Rights Agent or appoint such coCo-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.or

Appears in 2 contracts

Samples: Rights Agreement (Metlife Inc), Rights Agreement (Reynolds & Reynolds Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 act as Co-Rights Agent or appoint such coCo-Rights Agents as it may deem necessary or desirable. The Any actions which may be taken by the Rights Agent shall have no duty pursuant to supervise, and in no event shall the terms of this Agreement may be liable for, the acts or omissions of taken by any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Metlife Inc), Rights Agreement (Church & Dwight Co Inc /De/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 Agent or Agents as it may deem necessary or desirable. The desirable and determine the respective duties of the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such coCo-Rights AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (International Rectifier Corp /De/), Rights Agreement (Macneal Schwendler Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointmentappoint ment. The Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable. The Any actions which may be taken by the Rights Agent shall have no duty pursuant to supervise, and in no event shall the terms of this Agreement may be liable for, the acts or omissions of taken by any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Owens Corning), Rights Agreement (Owens Corning)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, 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 upon ten days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, supervise and shall in no event shall be liable for, the for acts or omissions of any such co-Rights AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (Indymac Bancorp Inc), Rights Agreement (Indymac Bancorp Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions hereofof this Agreement (and no implied terms or conditions), 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 shall be liable for, for the acts or omissions of of, any such co-Rights AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (Mediabistro Inc.), Rights Agreement (Allscripts Healthcare Solutions, Inc.)

Appointment of Rights Agent. The Company hereby appoints --------------------------- the Rights Agent to act as agent for 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 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.

Appears in 2 contracts

Samples: Rights Agreement (Commercial Intertech Corp), Rights Agreement (Cygnus Inc /De/)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 a co-Rights Agents Agent as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and in no In the event shall be liable for, the acts Company appoints one or omissions of any such more co-Rights AgentAgents, the respective duties of the Rights Agents and any Co-Rights Agents shall be as the Company shall determine.

Appears in 2 contracts

Samples: Rights Agreement (Halozyme Therapeutics Inc), Rights Agreement (Halozyme Therapeutics Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for 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 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.

Appears in 2 contracts

Samples: Rights Agreement (Homeservices Com Inc), Rights Agreement (Midamerican Energy Holdings Co /New/)

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 hereof, shall prior to the Distribution Date also be the holders of the Common Stock) 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 other co-Rights Agents rights agents as it may deem necessary or desirabledesirable upon ten days written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and in In no event shall the Rights Agent have any duty to supervise or in any way be liable for, the acts or omissions of any for such co-Rights Agentrights agents.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Philips International Realty Corp), Shareholder Rights Agreement (Philips International Realty Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as rights agent for 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 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 coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Advanta Corp), Rights Agreement (Berkley W R Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 act as Co-Rights Agent and may from time to time appoint such coother Co-Rights Agents as it may deem necessary or desirable. The In the event that the Company appoints one or more Co-Rights Agents, the Company shall determine the respective duties of 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-Co- Rights AgentAgents.

Appears in 2 contracts

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

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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 AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (Gametech International Inc), Rights Agreement (Gametech International Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents as it may deem necessary or desirable, provided no such appointment shall affect the Rights Agent's duties, liabilities or obligations. 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.

Appears in 2 contracts

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

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the express terms and conditions hereofhereof (and no implied terms or conditions), 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 Agentagent.

Appears in 2 contracts

Samples: Rights Agreement (Alexander & Baldwin Inc), Rights Agreement (A & B II, Inc.)

Appointment of Rights Agent. The Company hereby appoints the --------------------------- Rights Agent to act as agent for 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 as it may deem necessary or desirable. The Notwithstanding the foregoing, the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Myriad Genetics Inc), Stockholder Rights Agreement (Curagen Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The With the consent of the Rights Agent, the Company may from time to time appoint such co-Rights Agents rights agents as it may deem necessary or desirable, provided, no such appointment shall change or increase the Rights Agent's duties, liabilities or obligations. 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 Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (Jp Realty Inc), Rights Agreement (Jp Realty Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents rights agents as it may deem necessary or desirable. The Notwithstanding the foregoing, the Rights Agent shall will have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (Charlotte Russe Holding Inc), Rights Agreement (Republic Services Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 Agent or Agents as it may deem necessary or desirable. The desirable and determine the respective duties of the Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such coCo-Rights AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (Southern California Water Co), Rights Agreement (American States Water Co)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents as it may deem necessary or desirable. The Company shall promptly send written notice to the Rights Agent of any such appointment. The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Symbol Technologies Inc), Rights Agreement (Symbol 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 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. The desirable and, under such circumstances, the respective duties of the Rights Agent shall have no duty to supervise, and in no event any Co-Rights Agents shall be liable for, as the acts or omissions of any such co-Rights AgentCompany shall determine.

Appears in 2 contracts

Samples: Rights Agreement (Shared Medical Systems Corp), Rights Agreement (Shared Medical Systems Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents rights agents as it may deem necessary or desirable. The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, the acts or omissions of any such co-Rights Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (Amag Pharmaceuticals Inc.), Rights Agreement (Comverse, Inc.)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company 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 desirabledesirable and shall notify promptly the Rights Agent in writing of any such appointment. The Rights Agent shall have no duty to supervise, and shall in no event shall be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Asure Software Inc), Rights Agreement (Asure Software Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 coother Co-Rights Agents as it may deem necessary or desirabledesirable upon ten calendar days' written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and in In no event shall the Rights Agent have any duty to supervise or in any way be liable for, the acts or omissions of any for such coCo-Rights AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (Gentiva Health Services Inc), Rights Agreement (Gentiva Health Services Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 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 of omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Ligand Pharmaceuticals Inc), Preferred Shares Rights Agreement (Ligand Pharmaceuticals Inc)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointmentappointment and agrees to act as Rights Agent under this Agreement. 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 coCo-Rights Agent.

Appears in 2 contracts

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

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for the Company 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. 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.

Appears in 2 contracts

Samples: Rights Agreement (Rogue Wave Software Inc /Or/), Rights Agreement (Valspar Corp)

Appointment of Rights Agent. The Company hereby appoints the Rights Agent to act as agent for 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 co-Rights Agents as it may deem necessary or desirable, the respective duties of which shall be determined by the Company. 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.

Appears in 2 contracts

Samples: Rights Agreement (Pharmchem Laboratories Inc), Rights Agreement (Pharmchem Laboratories 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 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, If the acts Company appoints one or omissions of any such more co-Rights AgentAgents, the respective duties of the Rights Agent and any co-Rights Agents shall be as the Company shall determine.

Appears in 2 contracts

Samples: Rights Agreement (Synagro Technologies Inc), Rights Agreement (Digicon Inc)

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