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, upon ten (10) days’ prior written notice to the Rights Agent. 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 30 contracts

Samples: Rights Agreement (On Track Innovations LTD), Rights Agreement (On Track Innovations LTD), Rights Agreement (Centerline Holding Co)

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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 co-Rights Agents as it may deem necessary or desirable, desirable upon ten (10) days' prior written notice to the Rights Agent. 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 27 contracts

Samples: Rights Agreement (Cepheid), Ii Rights Agreement (Vicinity Corp), Rights Agreement (Sage Inc/Ca)

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, upon ten (10) days' prior written notice to the Rights Agent. 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 16 contracts

Samples: Shareholder Rights Agreement (El Paso Energy Corp/De), Rights Agreement (Asyst Technologies Inc /Ca/), Rights Agreement (Pericom Semiconductor 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, upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 15 contracts

Samples: Rights Agreement (Medifast Inc), Rights Agreement (Cracker Barrel Old Country Store, Inc), Rights Agreement (Carbonite 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, upon ten (10) days’ prior written notice to the Rights Agent. 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 13 contracts

Samples: Preferred Stock Rights Agreement (Pain Therapeutics Inc), Preferred Stock Rights Agreement (Ista Pharmaceuticals Inc), Preferred Stock Rights Agreement (Pain Therapeutics 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, upon ten (10) days' prior written notice to the Rights Agent. 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 13 contracts

Samples: Stockholders Rights Agreement (Omega Navigation Enterprises, Inc.), Rights Agreement (Walker Interactive Systems Inc), Rights Agreement (Nn 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, upon ten (10) days' prior written notice to the Rights Agent. 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 12 contracts

Samples: Preferred Stock Rights Agreement (Sigma Designs Inc), Preferred Shares Rights Agreement (3com Corp), Preferred Stock Rights Agreement (Digitalthink 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 (and no implied 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, upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 12 contracts

Samples: Rights Agreement (Hexcel Corp /De/), Rights Agreement (Hp Inc), Rights Agreement (Equitrans Midstream 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, upon ten (10) days' prior written notice to the Rights Agent. 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 11 contracts

Samples: Rights Agreement (Magnetek Inc), Rights Agreement (Magnetek Inc), Rights Agreement (Checkfree Corp \Ga\)

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, upon ten (10) days’ prior written notice to the Rights Agent. 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 AgentAgents.

Appears in 9 contracts

Samples: Rights Agreement (Harvest Natural Resources, Inc.), Rights Agreement (Alco Stores Inc), Rights Agreement (Alco 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 Company may from time to time appoint such coCo-Rights Agents as it may deem necessary or desirable, upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 9 contracts

Samples: Rights Agreement (Arbitron Inc), Preferred Stock Rights Agreement (Providence Service Corp), Stockholder Rights Agreement (Coley Pharmaceutical 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 9 contracts

Samples: Rights Agreement (Sizeler Property Investors Inc), Rights Agreement (Pharmacia Corp /De/), Rights Agreement (Sizeler Property Investors 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, desirable upon ten (10) days' prior written notice to the Rights Agent. 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 Agentrights agent.

Appears in 8 contracts

Samples: Rights Agreement (Consolidated Stores Corp /De/), Rights Agreement (Consolidated Stores Corp /De/), Rights Agreement (Barry R G Corp /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 desirable, upon ten (10) days’ days prior written notice to the Rights Agent. 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 7 contracts

Samples: Rights Agreement (Prestige Brands Holdings, Inc.), Rights Agreement (Adaptive Broadband Corp), Rights Agreement (Adaptive Broadband 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, desirable upon ten (10) days’ days prior written notice to the Rights Agent. 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 6 contracts

Samples: Rights Agreement (Gartner Inc), Rights Agreement (Viatel Inc), Rights Agreement (Globalnet Financial Com 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, desirable upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 6 contracts

Samples: Rights Agreement (North Pittsburgh Systems Inc), Rights Agreement (Flushing Financial Corp), Rights Agreement (North Pittsburgh 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 coCo-Rights Agents as it may deem necessary or desirable, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 6 contracts

Samples: Rights Agreement (Hybridon Inc), Rights Agreement (WMS Hotel Corp), Rights Agreement (Midway Games 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, desirable upon ten (10) days’ days 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 Agentrights agents.

Appears in 5 contracts

Samples: Rights Agreement (Greektown Superholdings, Inc.), Rights Agreement (Greektown Superholdings, Inc.), Rights Agreement (Adolor 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, desirable upon ten (10) days’ days 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 5 contracts

Samples: Rights Agreement (Aremissoft Corp /De/), Rights Agreement (Interactive Health, Inc.), Rights Agreement (SoftBrands, 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, desirable upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 5 contracts

Samples: Rights Agreement (Alpharma Inc), Rights Agreement (American Axle & Manufacturing Holdings Inc), Rights Agreement (Michigan Commerce Bancorp LTD)

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, upon ten (10) days’ prior written notice to the Rights Agent. 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 5 contracts

Samples: Rights Agreement (Hanesbrands Inc.), Rights Agreement (Webmethods Inc), Rights Agreement (Omnicell Inc /Ca/)

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, upon ten (10) days' 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 5 contracts

Samples: Rights Agreement (Management Network Group Inc), Rights Agreement (Gateway Energy Corp/Ne), Rights Agreement (Tsi International Software 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 co-Rights Agents as it may deem necessary or desirable, upon ten (10) days’ prior written notice to the Rights Agent. 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 4 contracts

Samples: Shareholder Rights Agreement (Stratasys Ltd.), Rights Agreement (SciSparc Ltd.), Rights Agreement (Nano Dimension Ltd.)

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 hereofCompany, 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, upon ten (10) days' prior written notice to the Rights Agent. 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 4 contracts

Samples: Rights Agreement (Computer Sciences Corp), Rights Agreement (Computer Sciences Corp), Rights Agreement (Computer Sciences 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, desirable upon ten (10) days’ days prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, supervise and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 4 contracts

Samples: Rights Agreement (Pharmacyclics Inc), Rights Agreement (Pharmacyclics Inc), Rights Agreement (Idec Pharmaceuticals 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 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, desirable upon ten (10) days’ prior written notice to the Rights AgentAgent and any co-Rights Agents. 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 4 contracts

Samples: Rights Agreement (Sco Group Inc), Rights Agreement (Image Entertainment Inc), Rights Agreement (Image Entertainment 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, upon ten (10) days' prior written notice to the Rights Agent. 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 4 contracts

Samples: Rights Agreement (Alkermes Inc), Shareholder Rights Agreement (Haemonetics Corp), Rights Agreement (Alkermes 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, desirable upon ten (10) days’ days prior written notice to the Rights Agent. 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 Agentagent.

Appears in 4 contracts

Samples: Rights Agreement (Cardium Therapeutics, Inc.), Rights Agreement (Inspire Pharmaceuticals Inc), Rights Agreement (Inspire 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 co-Rights Agents rights agents as it may deem necessary or desirable, upon ten (10) days’ prior written notice to the Rights Agent. 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 Agentrights agent.

Appears in 4 contracts

Samples: Rights Agreement (Dynavax Technologies Corp), Rights Agreement (Strategic Hotels & Resorts, Inc), Rights Agreement (Strategic Hotels & Resorts, 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, upon ten (10) days' prior written notice to the Rights Agent. 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 4 contracts

Samples: Rights Agreement (Acuson Corp), Rights Agreement (Optika Inc), Rights Agreement (Acuson 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, desirable upon ten (10) days’ 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 Agentrights agent.

Appears in 4 contracts

Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc), Section 382 Rights Agreement (Reinsurance Group of America Inc), Section 382 Rights Agreement (Reinsurance Group of America 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, desirable upon ten (10) days’ prior written notice to the Rights Agent. 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 Agentrights agent.

Appears in 4 contracts

Samples: Rights Agreement (Anchor Bancorp Wisconsin Inc), Rights Agreement (Fremont General Corp), Rights Agreement (Barry R G Corp /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 desirable, upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of of, any such co-Rights Agent.

Appears in 4 contracts

Samples: Rights Agreement (Cracker Barrel Old Country Store, Inc), Rights Agreement (Cracker Barrel Old Country Store, Inc), Cracker Barrel Old (Cracker Barrel Old Country Store, 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, upon ten (10) days’ prior written notice to the Rights Agent. 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 4 contracts

Samples: Rights Agreement (Actuate Corp), Rights Agreement (Rocky Brands, Inc.), Rights Agreement (Innospec 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 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, desirable upon ten (10) days' prior written notice to the Rights AgentAgent and any co-Rights Agents. 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 4 contracts

Samples: Rights Agreement (QRS Corp), Rights Agreement (Valueclick Inc/Ca), Rights Agreement (Discovery Partners 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, upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 4 contracts

Samples: Rights Agreement (Xm Satellite Radio Holdings Inc), Rights Agreement (Array Biopharma Inc), Rights Agreement (Informax 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, desirable upon ten (10) days’ days prior written notice to the Rights Agent. 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 (United Online Inc), Rights Agreement (United Online Inc), Rights Agreement (Portal 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 hereofof this Rights Agreement, 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 desirable, desirable upon ten (10) days’ prior written notice thereof to the Rights Agent. The Notwithstanding the foregoing, 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 3 contracts

Samples: Rights Agreement (Eden Bioscience Corp), Rights Agreement (Digimarc CORP), Rights Agreement (DMRC 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 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, upon ten (10) days’ prior written notice to the Rights Agent. 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 (Cytrx Corp), Rights Agreement (Polarityte, Inc.), Rights Agreement (Papa Johns 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, desirable upon ten (10) 10 days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of of, any such co-Rights Agent.

Appears in 3 contracts

Samples: Rights Agreement (Aep Industries Inc), Rights Agreement (Sunshine Heart, Inc.), Rights Agreement (Aep 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 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, upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall be in no event be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 3 contracts

Samples: Section 382 Rights Agreement (Pulte Homes Inc/Mi/), Section 382 Rights Agreement (Pulte Homes Inc/Mi/), Stockholder Rights Agreement (Easylink Services International 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 hereofof this Rights Agreement, 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 desirable, desirable upon ten (10) days' prior written notice thereof to the Rights Agent. The Notwithstanding the foregoing, 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 3 contracts

Samples: Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial Corp), Rights Agreement (First Montauk Financial 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The No co-Rights Agent shall have no any duty to supervise, and nor shall in no event be liable forany co-Rights Agent have any liability for or with respect to any act or omission of, the acts or omissions of any such other co-Rights Agent.

Appears in 3 contracts

Samples: Stockholder Rights Agreement (Lamalie Associates Inc), Stockholder Rights Agreement (Lai Worldwide Inc), Stockholder Rights Agreement (Lamalie Associates 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, desirable upon ten (10) days' prior written notice to the Rights Agent. 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 (Dexcom Inc), Rights Agreement (Diamond Foods Inc), Rights Agreement (Handspring 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, desirable upon ten (10) days’ prior written notice to the Rights Agent. 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 (Ipsen, S.A.), Rights Agreement (Tercica Inc), Rights Agreement (CSK Auto 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, upon ten (10) 10 days' prior written notice to the Rights Agent. 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 (Aviron), Preferred Shares Rights Agreement (Novell Inc), Rights Agreement (Moneygram Payment 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, upon ten (10) days’ days prior written notice to the Rights Agent. 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 (Epiq Systems Inc), Rights Agreement (Standard Pacific Corp /De/), Rights Agreement (Marketspan 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 as it may deem necessary or desirable, upon ten (10) days’ prior written notice to the Rights Agent. 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: Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Genesis Microchip 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 co-Rights Agents as it may deem necessary or desirable, desirable upon ten (10) days’ prior written notice to the Rights Agent. 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 (Savient Pharmaceuticals Inc), Rights Agreement (Teekay Corp), Rights Agreement (Verisign Inc/Ca)

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 and 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, upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agentrights agent.

Appears in 3 contracts

Samples: Rights Agreement (Jason Industries, Inc.), Rights Agreement (Jason Industries, Inc.), Rights Agreement (Hanger, 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, upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no not 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 (Yahoo Inc), Rights Agreement (Liberate Technologies), Rights Agreement (Liberate Technologies)

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, desirable upon ten (10) days’ days 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 3 contracts

Samples: Rights Agreement (Autobytel Inc), Rights Agreement (National Healthcare Corp), Rights Agent Agreement (Comdisco Holding 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 coCo-Rights Agents as it may deem necessary or desirable, upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 3 contracts

Samples: Rights Agreement (Enterasys Networks Inc /De/), Rights Agreement (Riverstone Networks Inc), Rights Agreement (Enterasys Networks 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 co-Rights Agents as it may deem necessary or desirable, upon ten (10) days' prior written notice to the Rights Agent. 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: Preferred Stock Rights Agreement (Curon Medical Inc), Preferred Stock Rights Agreement (Catalytica Energy Systems Inc), Preferred Stock Rights Agreement (Liquid Audio 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, upon ten (10) days’ prior written days notice to the Rights Agent. 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 (Cisco Systems Inc), Rights Agreement (Cisco Systems Inc), Rights Agreement (Cisco 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, upon ten (10) days' prior written notice to the Rights Agent. 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 AgentAgents.

Appears in 3 contracts

Samples: Rights Agreement (Atmi Inc), Rights Agreement (General Maritime Corp/), Rights Agreement (Atmi 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, desirable upon ten (10) days' prior written notice to the Rights Agent. 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: Combination Agreement (Burlington Northern Santa Fe Corp), Rights Agreement (Ace LTD), Rights Agreement (Burlington Northern Santa Fe 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 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, desirable upon ten (10) days' prior written notice to the Rights AgentAgent and any co-Rights Agents. 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 3 contracts

Samples: Rights Agreement (Crossroads Systems Inc), Rights Agreement (Crossroads Systems Inc), Rights Agreement (Witness 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-co- Rights Agents as it may deem necessary or desirable, desirable upon ten (10) days' prior written notice to the Rights Agent. 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 (Ingersoll Rand Co), Rights Agreement (Ingersoll Rand Co), Rights Agreement (Ingersoll Rand Co)

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, upon ten (10) calendar days’ prior written notice to the Rights Agent. 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 Agentrights agent.

Appears in 3 contracts

Samples: Rights Agreement (Heliogen, Inc.), Rights Agreement (Quince Therapeutics, Inc.), Rights Agreement (Neuronetics, 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or and omissions of any such co-Rights Agent.

Appears in 3 contracts

Samples: Rights Agreement (Cabot Microelectronics Corp), Rights Agreement (Cabot Microelectronics Corp), Rights Agreement (Reckson Operating Partnership Lp)

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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 co-Rights Agents as it may deem necessary or desirable, upon ten (10) days’ days prior written notice to the Rights Agent. 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 (First Financial Bancorp /Ca/), Rights Agreement (Arris Group Inc), Rights Agreement (Inhale Therapeutic Systems 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, upon ten (10) days’ 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 3 contracts

Samples: Rights Agreement (Amtech Systems Inc), Rights Agreement (Kensey Nash Corp), Rights Agreement (Southwestern Energy 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, upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Avici Systems Inc), Rights Agreement (Avici 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, upon ten (10) days’ 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 2 contracts

Samples: Rights Agreement (Amtech Systems Inc), Rights Agreement (Quixote 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 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, desirable upon ten (10) days’ prior written notice to the Rights Agent. 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 2 contracts

Samples: Rights Agreement (3d Systems Corp), Rights Agreement

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, upon ten (10) days’ days 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 2 contracts

Samples: Rights Agreement (P Com Inc), Rights Agreement (P Com 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, upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no not duty to supervise, and shall in no event be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Yahoo Inc), Rights Agreement (Yahoo 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, upon ten (10) 10 days' prior written notice to the Rights Agent. 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 Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (Hauppauge Digital Inc), Rights Agreement (Visx 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, upon ten (10) days’ 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, for the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Mines Management Inc), Rights Agreement (Credo Petroleum 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, desirable upon ten (10) days' prior written notice to the Rights Agent. 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 2 contracts

Samples: Rights Agreement (Sangstat Medical Corp), Rights Agreement (Sangstat Medical 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 hereofof this Agreement, and the Rights Agent hereby accepts such the appointment. The Company may from time to time appoint such any number of co-Rights Agents as it that the Company may deem necessary or desirable, desirable upon ten (10) days' prior written notice to the Rights Agent. 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 2 contracts

Samples: Rights Agreement (Valassis Communications Inc), Rights Agreement (Valassis Communications Inc)

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, upon ten (10) days' prior written notice to the Rights Agent. 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 2 contracts

Samples: Rights Agreement (Homebase Inc), Rights Agreement (Homebase 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, desirable upon ten (10) days' 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 2 contracts

Samples: Rights Agreement (Newmont Mining Corp), Rights Agreement (Delta Holdco 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 coCo-Rights Agents as it may deem necessary or desirable, upon ten (10) days’ prior written notice to the Rights Agent. 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 2 contracts

Samples: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel 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, desirable upon ten (10) 10 days' prior written notice to the Rights Agent. The Rights Agent shall have no liability for or duty to supervise, and shall in no event be liable for, the acts or omissions of supervise any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (First Sentinel Bancorp Inc), Rights Agreement (Warwick Community 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 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, upon ten two (102) business days’ 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 Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (Core Molding Technologies Inc), Rights Agreement (Universal Technical Institute 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, desirable upon ten (10) 10 days' prior written notice to the Rights Agent. 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 Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (NTL Inc), Rights Agreement (NTL 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Norfolk Southern Corp), Rights Agreement (Norfolk Southern 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 as it may deem necessary or desirable, upon ten (10) days' prior written notice to the Rights Agent. 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 2 contracts

Samples: Rights Agreement (Be Aerospace Inc), Rights Agreement (Be Aerospace 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, upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (Iteris, Inc.), Rights Agreement (Iteris, 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, desirable upon ten (10) days' 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 2 contracts

Samples: Rights Agreement (SCS Transportation Inc), Rights Agreement (SCS Transportation 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, upon ten (10) days’ days prior written notice to the Rights Agent. 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 Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (Avid Technology, Inc.), Rights Agreement (Oshkosh Corp)

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, desirable upon ten (10) days’ prior written notice to the Rights Agent. 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 Agentrights agent.

Appears in 2 contracts

Samples: Rights Agreement (Real Industry, Inc.), Rights Agreement

Appointment of Rights Agent. The Company hereby appoints ratifies and confirms the appointment of the Rights Agent pursuant to the Prior Agreement to act as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts ratifies and confirms its acceptance of such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable, upon ten (10) days’ prior written notice to the Rights Agent. 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 AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (Alco Stores Inc), Rights Agreement (Alco Stores 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, desirable upon ten (10) days’ 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 2 contracts

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

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 and conditions), 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, upon ten (10) days’ prior written notice to the Rights Agent. 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 2 contracts

Samples: Rights Agreement (Rocky Mountain Chocolate Factory, Inc.), Rights Agreement (Rocky Mountain Chocolate Factory, 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, supervise and shall in no event be liable for, the for acts or omissions of any such co-Rights AgentAgents.

Appears in 2 contracts

Samples: Rights Agreement (Omega Healthcare Investors Inc), Rights Agreement (Omega Healthcare Investors 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, upon ten (10) days’ prior written notice to the Rights Agent. 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 2 contracts

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

Appointment of Rights Agent. The Company appointed the Rights Agent to act as agent for the Company in accordance with the terms and conditions of the Initial Agreement and hereby appoints the Rights Agent to act continue as agent for the Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such continued appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable, upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Viad Corp), Rights Agreement (Viad 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 hereofthis Agreement, 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 desirableAgents, upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, the acts or omissions of any such coCo-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Frozen Food Express Industries Inc), Rights Agreement (Performance Technologies 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 co-Rights Agents rights agents as it may deem necessary or desirable, upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, supervise and shall in no event be liable for, the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Jakks Pacific Inc), Rights Agreement (Jakks Pacific 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, desirable upon ten (10) days' prior written notice to the Rights Agent. 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 2 contracts

Samples: Rights Agreement (Marriott International Inc /Md/), Rights Agreement (Marriott International Inc /Md/)

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, desirable upon ten (10) days’ prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Walter Industries Inc /New/), Rights Agreement (Walter Industries Inc /New/)

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, upon ten (10) days' prior written notice to the Rights Agent. 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 2 contracts

Samples: Rights Agreement (Aqua America Inc), Rights Agreement (Aqua America 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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no liability for or duty to supervise, and shall in no event be liable for, the acts or omissions of supervise any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Dime Community Bancorp Inc), Rights Agreement (Dime Community 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 (and no implied terms and conditions) hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights co‑Rights Agents as it may deem necessary or desirable, upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (Dorian LPG Ltd.), Rights Agreement (Dorian LPG Ltd.)

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, desirable upon ten (10) days' prior written notice to the Rights Agent. The Rights Agent shall have no duty to supervise, and shall in no event be liable for, for the acts or omissions of any such co-Rights Agent.

Appears in 2 contracts

Samples: Rights Agreement (American Axle & Manufacturing Holdings Inc), Rights Agreement (Dade Behring 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 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, desirable upon ten (10) not less than five days’ prior written notice to the Rights Agent. 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 2 contracts

Samples: Rights Agreement (Elite Pharmaceuticals Inc /Nv/), Rights Agreement (Petroleum Development 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, upon ten (10) 10 days’ prior written notice to the Rights Agent. 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 2 contracts

Samples: Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Radian Group Inc)

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