Common use of Consolidation, Merger, etc Clause in Contracts

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 156 contracts

Samples: Preferred Stock Rights Agreement, Preferred Stock Rights Agreement (Vivus Inc), Preferred Stock Rights Agreement (Vivus Inc)

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Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 119 contracts

Samples: Rights Agreement (Staffing 360 Solutions, Inc.), Rights Agreement (Silver Star Properties Reit, Inc), Tax Benefits Preservation Plan (Tetra Technologies Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 52 contracts

Samples: Rights Agreement (Insperity, Inc.), Rights Agreement (Forum Energy Technologies, Inc.), Section 382 Rights Agreement (Parker Drilling Co /De/)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 34 contracts

Samples: Stockholders Rights Agreement (Diana Shipping Inc.), Shareholders Rights Agreement (Safe Bulkers, Inc.), Stockholders Rights Agreement (OceanPal Inc.)

Consolidation, Merger, etc. In case the event that the Corporation shall enter into any consolidation, merger, combination combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or any other propertyproperty (payable in kind), then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to Section 2) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 17 contracts

Samples: Preferred Shares Rights Agreement, Tax Benefit Preservation Plan (Aviat Networks, Inc.), Tax Benefit Preservation Plan (Aviat Networks, Inc.)

Consolidation, Merger, etc. In case the Corporation shall -------------------------- enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 13 contracts

Samples: Rights Agreement (Telcom Semiconductor Inc), Preferred Stock Rights Agreement (Palm Inc), Preferred Shares Rights Agreement (Santa Cruz Operation Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 11 contracts

Samples: Shareholder Rights Plan (Realnetworks Inc), Shareholder Rights Plan (Realnetworks Inc), Rights Agreement (Gartner Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A B Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 11 contracts

Samples: Benefits Preservation Plan (CarParts.com, Inc.), Benefits Preservation Plan (CarParts.com, Inc.), Rights Agreement (Occidental Petroleum Corp /De/)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(A) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 9 contracts

Samples: Rights Agreement (Hanesbrands Inc.), Rights Agreement (Metromail Corp), Rights Agreement (First Brands Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 8 contracts

Samples: Rights Agreement (New 360), Rights Agreement (Point 360), Rights Agreement (Eltron International Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination combination, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 8 contracts

Samples: Rights Agreement (Dawson Geophysical Co), Rights Agreement (Omega Protein Corp), Rights Agreement (Dawson Geophysical Co)

Consolidation, Merger, etc. In case the Corporation shall enter -------------------------- into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 7 contracts

Samples: Rights Agreement (Global Motorsport Group Inc), Preferred Shares Rights Agreement (Catalytica Inc), Preferred Stock Rights Agreement (Catalytica Energy Systems Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A D Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 6 contracts

Samples: Preferred Stock Rights Agreement (Sigma Designs Inc), Preferred Stock Rights Agreement, Preferred Stock Rights Agreement (Intraware Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A C Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 6 contracts

Samples: Rights Agreement (Scientific Games Corp), Rights Agreement (Scientific Games Corp), Rights Agreement (DHT Holdings, Inc.)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or or any other property, then in any such case the shares of Series A Participating B Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 (x) the Multiplier Number times (y) the aggregate amount of stock, securities, cash and/or or any other property (payable in kind)property, as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 6 contracts

Samples: Tax Benefits Preservation Plan (First Security Group Inc/Tn), Tax Benefits Preservation Plan (Steel Excel Inc.), Tax Benefits Preservation Plan (Fidelity Southern Corp)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or or any other property, then in any such case the shares of Series A Participating R Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 (x) the Multiplier Number times (y) the aggregate amount of stock, securities, cash and/or or any other property (payable in kind)property, as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Exchange Agreement, Exchange Agreement (Citigroup Inc), Exchange Agreement (Citigroup Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(a) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

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

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 7 hereof) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock Share is changed or exchanged.

Appears in 5 contracts

Samples: Rights Agreement (Urstadt Biddle Properties Inc), Rights Agreement (Hre Properties Inc), Rights Agreement (Urstadt Biddle Properties Inc)

Consolidation, Merger, etc. (a) In case the event the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the event shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Rights Agreement (Labone Inc/), Rights Agreement (Transfinancial Holdings Inc), Rights Agreement (Transfinancial Holdings Inc)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case event the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Credit Agreement, investor.cabot-corp.com, Rights Agreement (Puroflow Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A B Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Preferred Share Rights Agreement (Phoenix Technologies LTD), Preferred Share Rights Agreement (Phoenix Technologies LTD), Rights Agreement (Networks Associates Inc/)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

Samples: Rights Agreement (Harris Interactive Inc), Rights Agreement (United Natural Foods Inc), Rights Agreement (United Natural Foods Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating B Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(A) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 5 contracts

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

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Rights Agreement (Quad Systems Corp /De/), Rights Agreement (CFM Technologies Inc), Rights Agreement (BHC Financial Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Junior Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Rights Agreement (3-D Geophysical Inc), Rights Agreement (3-D Geophysical Inc), Rights Agreement (Lci International Inc /Va/)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A C Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Critical Path Inc), Preferred Stock Rights Agreement (Infospace Inc), Shareholders Agreement (General Atlantic LLC)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the outstanding shares of Series A Participating Preferred B Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Rights Agreement (Dynamics Research Corp), Rights Agreement (Dynamics Research Corp), Rights Agreement (Macrochem Corp)

Consolidation, Merger, etc. In case If the Corporation shall enter enters into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any each such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 4 contracts

Samples: Rights Agreement (Graphic Packaging International Corp), Rights Agreement (Wild Oats Markets Inc), Rights Agreement (Graphic Packaging International Corp)

Consolidation, Merger, etc. In case If the Corporation shall enter enters into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any each such case the shares of Series A Participating Preferred B Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Napro Biotherapeutics Inc), Rights Agreement (Napro Biotherapeutics Inc), Rights Agreement (Capital Associates Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Pinnacle West Capital Corp), Rights Agreement (Pinnacle West Capital Corp), Rights Agreement (Sitel Corp)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 (x) the Multiplier Number times (y) the aggregate amount of stock, securities, cash and/or or any other property (payable in kind)property, as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Tax Benefits Preservation Plan (Pmi Group Inc), Tax Benefits Preservation Plan (Pmi Group Inc), Tax Benefits Preservation Plan (Triad Guaranty Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share share, subject to the provision for adjustment hereinafter set forth, equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.. In the event the Corporation shall at any time declare or pay any dividend on the Common Stock payable in shares of Common Stock, or effect a subdivision or combination or consolidation of the outstanding shares of Common Stock (by

Appears in 3 contracts

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

Consolidation, Merger, etc. In Notwithstanding anything to the contrary contained herein, in case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share share, subject to the provision for adjustment hereinafter set forth, equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.or

Appears in 3 contracts

Samples: Rights Agreement (Centennial Technologies Inc), Rights Agreement (Alnylam Pharmaceuticals, Inc.), Rights Agreement (Centennial Technologies Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Tempest Therapeutics, Inc.), Rights Agreement (Heliogen, Inc.), Rights Agreement (Neuronetics, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A B Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Depomed Inc), Rights Agreement (Wave Technologies International Inc), Rights Agreement (Wave Technologies International Inc)

Consolidation, Merger, etc. In case the event that the Corporation shall enter into any consolidation, merger, combination combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or any other propertyproperty (payable in kind), then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to Section 2) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Tax Benefit Preservation Plan (Remark Media, Inc.), Tax Benefit Preservation Plan (Aetrium Inc), Tax Benefit Preservation Plan (Aetrium Inc)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Shareholders’ Rights Agreement (United Maritime Corp), Shareholders Rights Agreement (United Maritime Corp), Shareholders Rights Agreement (Seanergy Maritime Holdings Corp.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating C Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

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

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination combination, exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share share, subject to the provision for adjustment set forth in Section 8, equal to 1,000 1000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Anteon International Corp), Rights Agreement (Foamex International Inc), Rights Agreement (Anteon International Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating 1 Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 100 times the aggregate amount of stock, . securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement This Agreement (Waterlink Inc), Rights Agreement (Waterlink Inc), Rights Agreement This Agreement (Waterlink Inc)

Consolidation, Merger, etc. In case If the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or or any other property, then in any such case the shares of Series A Participating E Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 (x) the Multiplier Number times (y) the aggregate amount of stock, securities, cash and/or or any other property (payable in kind)property, as the case may be, into which or for which each share of Common Stock is changed or exchanged.

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/)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A C Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Shareholders Rights Agreement (Icon Energy Corp), Shareholders Rights Agreement (Icon Energy Corp), Shareholders Rights Agreement (Globus Maritime LTD)

Consolidation, Merger, etc. In case the Corporation corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating No Par Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Electro Scientific Industries Inc), Rights Agreement (Electro Scientific Industries Inc), Rights Agreement (Electro Scientific Industries Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Junior Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 3 contracts

Samples: Rights Agreement (Gartner Group Inc), Rights Agreement (Gartner Inc), Rights Agreement (Gartner Group Inc)

Consolidation, Merger, etc. In case the event that the Corporation shall enter into any consolidation, merger, combination combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or any other propertyproperty (payable in kind), then in any such case the shares of Series A B Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to Section 2) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Woodward, Inc.), Tax Benefit Preservation Plan (Digirad Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Series A Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Series A Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Ascent Media CORP), Rights Agreement (Discovery Holding CO)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A R Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock Shares is changed or exchanged.

Appears in 2 contracts

Samples: Shareholders Rights Agreement, Shareholders Rights Agreement (Seaspan CORP)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of the Sixth Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the product of the FON Group Multiple then in effect times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of FON Group Common Stock is changed or exchanged.. (8)

Appears in 2 contracts

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

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Junior Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Oak Industries Inc), Rights Agreement (Oak Industries Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating H Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Nutrition 21 Inc), Rights Agreement (Nutrition 21 Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A B Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Community Partners Bancorp), Preferred Stock Rights Agreement (Miravant Medical Technologies)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Stockholder Rights Agreement (Tvi Corp), Rights Agreement (Edgar Online Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are is exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock common Share is changed or exchanged.

Appears in 2 contracts

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

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Junior Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(A) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Strategic Hotels & Resorts, Inc), Rights Agreement (Strategic Hotels & Resorts, Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Series C Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating C Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Series C Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Discovery Holding CO), Rights Agreement (Ascent Media CORP)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2A hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

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

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Reliant Resources Inc), Rights Agreement (Reliant Resources Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A H Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Navidea Biopharmaceuticals, Inc.), Rights Agreement (iGo, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.at

Appears in 2 contracts

Samples: Rights Agreement (Verity Inc \De\), Rights Agreement (Verity Inc \De\)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Shareholders Rights Agreement (Genco Shipping & Trading LTD), Shareholders Rights Agreement (Genco Shipping & Trading LTD)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Stockholders Rights Agreement (Navios Maritime Holdings Inc.), Stockholders Rights Agreement (Navios Maritime Holdings Inc.)

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Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Genesis Healthcare, Inc.), Rights Agreement (Corelogic, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the outstanding shares of Series A Participating Preferred F Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment set forth in Section 8 hereof) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Enterasys Networks Inc /De/), Rights Agreement (Enterasys Networks Inc /De/)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Junior Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (ABX Holdings, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination combin- ation or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock shares or securities, cash and/or or any other property, then in any such case the then outstanding shares of Series A Junior Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Formula Number then in effect times the aggregate amount of stockshares, securities, cash and/or or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock Shares is changed exchanged or exchangedchanged.

Appears in 2 contracts

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

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of the Series A Participating B Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the product of the Series B Multiple then in effect times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Rawlings Sporting Goods Co Inc), Rights Agreement (Quest Resource Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Series B Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating B Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Series B Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Ascent Media CORP), Rights Agreement (Discovery Holding CO)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock Shares are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock Shares is changed or exchanged.

Appears in 2 contracts

Samples: Shareholders Rights Agreement (Seaspan CORP), Shareholders Rights Agreement (Seaspan CORP)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Plan and Rights Agreement (Mathstar Inc), Rights Agreement (Ariad Pharmaceuticals Inc)

Consolidation, Merger, etc. In case If the Corporation shall enter enters into any consolidation, merger, combination combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or or any other propertyproperty (payable in kind), then in any such case the shares of Series A Participating Preferred Stock shall will at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Forte Biosciences, Inc.), Preferred Stock Rights Agreement (Twitter, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Mortons Restaurant Group Inc), Rights Agreement (Cabot Oil & Gas Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 1000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.,

Appears in 2 contracts

Samples: Rights Agreement (Conoco Inc /De), Rights Agreement (Conoco Inc /De)

Consolidation, Merger, etc. In case If the Corporation shall enter enters into any consolidation, merger, combination amalgamation, arrangement, combination, conversion, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or stock, securities, cash and/or or any other propertyproperty (payable in kind), then in any such case the shares of Series A B Participating Preferred Stock shall will at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Zymeworks Delaware Inc.), Preferred Stock Rights Agreement (Zymeworks Delaware Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, or otherwise changed, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.amount

Appears in 2 contracts

Samples: Rights Agreement (Phoenix Companies Inc/De), Rights Agreement (Principal Financial Group Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Intelligent Systems Corp), Applied Microsystems Corp /Wa/

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

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

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination combination, share exchange or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 2 contracts

Samples: Rights Agreement (Centerpoint Energy Inc), Rights Agreement (Centerpoint Energy Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in into an amount per share share, subject to the provision for adjustment hereinafter set forth, equal to 1,000 1000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.is

Appears in 1 contract

Samples: Rights Agreement (Expressjet Holdings Inc)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.1,000

Appears in 1 contract

Samples: Rights Agreement (United Therapeutics Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock common stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating A-1 Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share (subject to the provision for adjustment hereinafter set forth) equal to 1,000 10,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock common stock is changed or exchanged., plus accrued and unpaid dividends, if any, payable with respect to the Series A-1

Appears in 1 contract

Samples: Shareholder Rights Agreement (Irobot Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed converted into other stock or securities, cash and/or any other property, then in any such case the shares Units of Series A Participating Preferred Stock shall at the same time be similarly exchanged for or changed in converted into an amount per share Unit (subject to the provision for adjustment hereinafter set forth) equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.C-4

Appears in 1 contract

Samples: Rights Agreement (Evofem Biosciences, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter -------------------------- into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Intertrust Technologies Corp)

Consolidation, Merger, etc. In case the Corporation corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A R Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Bioject Medical Technologies Inc)

Consolidation, Merger, etc. In case the Corporation shall -------------------------- enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Concentric Network Corp)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating C Preferred Stock shall at the same time be similarly exchanged or changed in become convertible into an amount per share (payable in cash or kind, as applicable), equal to 1,000 times the Conversion Ratio at the effective time multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (American International Group Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A D Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (McDermott International Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Atmel Corp)

Consolidation, Merger, etc. In case If the Corporation corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or or any other property, then in any such case the shares of the Series A Participating Preferred Stock shall at the same time be similarly exchanged for or changed in into an amount per share equal to 1,000 (x) the Multiplier Number times (y) the aggregate amount of stock, securities, cash and/or or any other property (payable in kind)property, as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Tax Asset Protection Plan (Four Oaks Fincorp Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into --------------------------- any consolidation, merger, combination or other transaction in which the shares of Common Stock are is exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock common Share is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Stancorp Financial Group Inc)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating B Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement (Internap Network Services Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A Participating E Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Conversion Rate times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Stock Purchase Agreement (Omnireliant Holdings, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the outstanding shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares each share of Series A E Junior Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Harken Energy Corp)

Consolidation, Merger, etc. In case the Corporation Company shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A C Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Shareholders Rights Agreement (Euroseas Ltd.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock then outstanding shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Adjustment Number (as adjusted from time to time pursuant to Section 2(a) hereof) times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged. 4.

Appears in 1 contract

Samples: Rights Agreement (Navistar International Corp /De/New)

Consolidation, Merger, etc. In case the event the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case event the shares of Series A Participating B Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 the Conversion Ratio times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Purchase Agreement (Alternative Construction Company, Inc.)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are is exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock Shares shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the Adjustment Number multiplied by the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock common Share is changed or exchanged.

Appears in 1 contract

Samples: Rights Agreement (Sequent Computer Systems Inc /Or/)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination combination, exchange or other transaction in which the shares of Common Stock are is exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating B Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share share, subject to the provisions for adjustment set forth in Section 7, equal to 1,000 100 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Foamex Capital Corp

Consolidation, Merger, etc. In case the Corporation shall --------------------------- enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Tcsi Corp)

Consolidation, Merger, etc. In case the Corporation shall enter into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A E Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement (Rambus Inc)

Consolidation, Merger, etc. In case the Corporation shall enter -------------------------- into any consolidation, merger, combination or other transaction in which the shares of Common Stock are exchanged for or changed into other stock or securities, cash and/or any other property, then in any such case the shares of Series A B Participating Preferred Stock shall at the same time be similarly exchanged or changed in an amount per share equal to 1,000 times the aggregate amount of stock, securities, cash and/or any other property (payable in kind), as the case may be, into which or for which each share of Common Stock is changed or exchanged.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Phoenix Technologies LTD)

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