Common use of Flip-in Event Clause in Contracts

Flip-in Event. In the event that a person becomes an Acquiring Person, each holder of a Right, other than Rights that are or, under certain circumstances, were beneficially owned by the Acquiring Person (which will thereupon become null and void), will thereafter have the right to receive upon exercise of a Right and payment of the Purchase Price, a number of shares of our common stock having a market value of two times the Purchase Price.

Appears in 4 contracts

Samples: Tax Asset Protection Plan (BioScrip, Inc.), Advanced Emissions Solutions, Inc., Tax Asset Protection Plan (AOL Inc.)

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Flip-in Event. In the event that a person becomes an Acquiring Person, each holder of a Right, other than Rights that are or, under certain circumstances, were beneficially owned by the Acquiring Person (which will thereupon become null and void), Right will thereafter have the right to receive receive, upon exercise of a Right and payment exercise, Common Shares (or, in certain circumstances, other securities, cash, or other assets of the Purchase Price, a number of shares of our common stock Company) having a market value of equal to two times the Purchase Price. Notwithstanding any of the foregoing, following the occurrence of a person becoming an Acquiring Person, all Rights that are, or (under certain circumstances specified in the Rights Agreement) were, beneficially owned by any Acquiring Person (or by certain related parties) will be null and void.

Appears in 3 contracts

Samples: Rights Agreement (Catalyst Pharmaceutical Partners, Inc.), Rights Agreement (Ibasis Inc), Rights Agreement (Medical Staffing Network Holdings Inc)

Flip-in Event. In the event that a person becomes an Acquiring Person, each holder of a Right, other than Rights that are or, under certain circumstances, were beneficially owned by the Acquiring Person (which will thereupon become null and void), Right will thereafter have the right to receive receive, upon exercise of a Right and payment exercise, Common Stock (or, in certain circumstances, other securities, cash, or other assets of the Purchase Price, a number of shares of our common stock Company) having a market value of equal to two times the Purchase Price. Notwithstanding any of the foregoing, following the occurrence of a person becoming an Acquiring Person, all Rights that are, or (under certain circumstances specified in the Rights Agreement) were, beneficially owned by any Acquiring Person (or by certain related parties) will be null and void.

Appears in 3 contracts

Samples: Rights Agreement (Newpark Resources Inc), Rights Agreement (Fluor Corp), Rights Agreement (Barnes & Noble Education, Inc.)

Flip-in Event. In the event that a person becomes an Acquiring Person, each holder of a Right, other than Rights that are or, under certain circumstances, were beneficially owned by the Acquiring Person (which will thereupon become null and void), will thereafter have the right to receive upon exercise of a Right and payment of the Purchase Price, a number of shares of our common stock Common Stock (or, in certain circumstances, cash, property or other securities of the Company) having a market value of equal to two times the Purchase Price. However, Rights are subject to redemption and exchange at the option of the Company (as described below).

Appears in 1 contract

Samples: Section 382 Rights Agreement (Schmitt Industries Inc)

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Flip-in Event. In the event that a person becomes an Acquiring Person, each holder of a Right, other than Rights that are or, under certain circumstances, were beneficially owned by the Acquiring Person (which will thereupon become null and void), will thereafter have the right to receive receive, upon exercise of a Right and payment of the Purchase Price, a number of shares of our common stock having a market value of two times the Purchase Price.

Appears in 1 contract

Samples: Section 382 Rights Agreement (THQ Inc)

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