Common use of Form of Right Certificates Clause in Contracts

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 3 contracts

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

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Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase PricePrice (as defined in Section 7(b)), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 3 contracts

Samples: Rights Agreement (Masimo Corp), Rights Agreement (Optical Communication Products Inc), Rights Agreement (Masimo Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Sharesshares, the form of certification and assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B A hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation or trading system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this Agreementterms and conditions hereof, the Right Certificates Certificates, whenever issued, shall be dated as of the Record Date, and shall show the date of countersignature by the Rights Agent, and on their face shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share Common Shares as shall be set forth therein at the price per Common Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth of a Preferred Share Common Shares and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 3 contracts

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

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the and form of assignment and the form of certification to be printed on the reverse side thereof) shall be in substantially the same form attached to this Agreement as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but appropriate, which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock securities exchange quotation system on which the Rights may from time to time be listedlisted or of any automated quotations system of a national securities association on which the Rights may from time to time be registered or quoted, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates Certificates, whenever issued, on their face shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at for the Purchase Price, but the number of such Price per one one-thousandth hundredth of a Preferred Share and the Purchase Price shall be Share, subject to adjustment from time to time as provided hereinherein provided.

Appears in 3 contracts

Samples: Agreement (Dawson Geophysical Co), Agreement (Dawson Geophysical Co), Agreement (Dawson Geophysical Co)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which appropriate, provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase Exercise Price, but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Exercise Price shall be subject to adjustment as provided herein.

Appears in 3 contracts

Samples: Rights Agreement (Expressjet Holdings Inc), Rights Agreement (Expressjet Holdings Inc), Rights Agreement (Continental Airlines Inc /De/)

Form of Right Certificates. (a) 4.1 The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Common Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as set forth on Exhibit B A hereto and may have such any marks of identification or designation and such any legends, summaries or endorsements printed thereon as the Company may deem appropriate and as are not inconsistent with the provisions of this Agreement (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement), or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listedlisted or the Financial Industry Regulatory Authority, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates Certificates, whenever distributed, shall be dated as of the Record Date and shall entitle the holders thereof to purchase such the number of one one-thousandth of a Preferred Share Common Shares as shall be set forth therein at the Purchase Price, but the number amount and type of such one one-thousandth securities issuable upon exercise and payment of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Healthcare Trust, Inc.), Rights Agreement (New York City REIT, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) ), when, as and if issued, shall be substantially in the same as form set forth in Exhibit B A hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 11 and 22 hereof, the Right Certificates evidencing the Rights, whenever issued, shall be dated as of the Record Date, and on their face Right Certificates shall entitle the holders thereof to purchase such number one share of one one-thousandth of a Preferred Share as shall be set forth therein at the Purchase PriceCommon Stock, but the number of such one one-thousandth of a Preferred Share and the Purchase Price shall be subject to adjustment or other securities or property as provided herein, as the same may from time to time be adjusted as provided herein, at the price per share set forth therein, as the same may from time to time be adjusted as provided herein (the “Purchase Price”).

Appears in 2 contracts

Samples: Rights Agreement (Dover Motorsports Inc), Rights Agreement (Dover Downs Gaming & Entertainment Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system or other organization on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the price per one one-hundredth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Farmers & Merchants Bancorp), Rights Agreement (Farmers & Merchants Bancorp)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the and form of assignment and the form of certification to be printed on the reverse side thereof) shall be in substantially the same form set forth as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do shall not materially and adversely affect the rights, duties, liabilities liabilities, protections or responsibilities of the Rights Agent) Agent hereunder and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or interdealer quotation system on which the Rights may from time to time be listedlisted or traded, or to conform to usage. Subject to the other provisions of this AgreementRights Agreement (including Sections 7, 11 and 24), the Right Certificates Certificates, whenever issued, shall be dated as of the Distribution Date and shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share Shares as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth of a Preferred Share and for the Purchase Price shall be set forth therein, subject to adjustment as provided hereinin this Rights Agreement.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Zoom Telephonics, Inc.), Section 382 Rights Agreement (Zoom Telephonics, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form of Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or automated quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this Rights Agreement, the Right Certificates Certificates, whenever issued, shall be dated as of the Record Date, and shall show the date of countersignature by the Rights Agent, and on their face shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase PricePrice set forth therein, but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Illumina Inc), Rights Agreement (Central European Distribution Corp)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the and form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same form set forth as Exhibit B A hereto and may have with such changes, marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries or endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation or transaction reporting system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates Certificates, whenever issued, on their face shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share Common Shares as shall be set forth therein at the Purchase PricePrice set forth therein, but the Purchase Price, the number and kind of securities issuable upon exercise of each Right and the number of such one one-thousandth of a Preferred Share and the Purchase Price Rights outstanding shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Sci Systems Inc), Rights Agreement (Staff Leasing Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Sharesshares, the form of certificate and assignment and the form of certification to be printed on the reverse thereof) ), when, as and if issued, shall be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Shares or the Rights may from time to time be listed, listed or as the Company may deem appropriate to conform to usage. Subject to usage or otherwise and as are not inconsistent with the other provisions of this Rights Agreement, the . Right Certificates evidencing Rights whenever issued, (i) shall be dated as of the date of issuance of the Rights they represent and (ii) subject to adjustment from time to time as provided herein, on their face shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share Shares as shall be set forth therein thereon at the Purchase Price, but the number of such one one-thousandth price per Share payable upon exercise of a Preferred Share and Right provided by Section 7(b) hereof, as the Purchase Price shall same may from time to time be subject to adjustment adjusted as provided hereinherein (the "Exercise Price").

Appears in 2 contracts

Samples: Rights Agreement (Pennsylvania Real Estate Investment Trust), Rights Agreement (New Plan Realty Trust)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase PricePrice (as defined in Section 7(b)), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

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

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase Priceprice per one one-hundredth of a Preferred Share set forth therein (the "PURCHASE PRICE"), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Agreement (Piper Jaffray Companies), Rights Agreement (Piper Jaffray Companies)

Form of Right Certificates. (a) The Class A Right Certificates and the Class B Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B C hereto and Exhibit D hereto, respectively, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or interdealer quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a share of Series A Preferred Share Stock or Series B Preferred Stock, as the case may be, as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.price per

Appears in 2 contracts

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

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which appropriate, provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority New York Stock Exchange or of any other stock exchange or automated quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 11, 13 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a share of Preferred Share Stock as shall be set forth therein at the price per one one-thousandth of a share of Preferred Stock set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a share of Preferred Share Stock and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Aramark Worldwide Corp), Rights Agreement (Aramark Worldwide Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) ), when and if issued, shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to customary usage. Subject to the other provisions of this AgreementSections 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one oneten-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such one oneten-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Office Depot Inc), Rights Agreement (Office Depot Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Common Shares and of assignment and the form of certification to be printed on the reverse thereof) ), when, as and if issued, shall each be substantially the same as Exhibit B hereto A hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 11 and Section 22 hereof, the Right Certificates evidencing the Rights, whenever issued, on their face shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share Common Shares as shall be set forth therein at the price per Common Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth of a Preferred Share and the Purchase Price Common Shares shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (ASA Gold & Precious Metals LTD), Rights Agreement (ASA Gold & Precious Metals LTD)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be in substantially the same form as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities responsibilities or responsibilities obligations of the Rights AgentAgent as set forth in this Rights Agreement) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any law, rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to customary usage. Subject to the other provisions of this AgreementSection 11 and Section 22 hereof, the Right Certificates Certificates, whenever issued, shall be dated as of the Record Date, and on their face shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a share of Preferred Share Stock as shall be set forth therein at the price per one one-hundredth of a share as set forth therein (the “Purchase Price”), but the number and identity of such one one-thousandth of a Preferred Share shares and the Purchase Price shall be and remain subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc), Section 382 Rights Agreement (Reinsurance Group of America Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company Brillian may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority National Association of Securities Dealers, Inc. or any stock exchange or interdealer quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

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

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares of Class A Common Stock and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same form set forth in as Exhibit B hereto A hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth shares of a Preferred Share Class A Common Stock as shall be set forth therein at the price per one share of Class A Common Stock set forth therein (the “Purchase Price”), but the number of such one one-thousandth shares of a Preferred Share Class A Common Stock issuable upon exercise of each Right and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Starrett L S Co), Rights Agreement (Starrett L S Co)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification certificates to be printed on the reverse thereof) shall each be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this AgreementPlan, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority New York Stock Exchange or of any other stock exchange or automated quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this AgreementPlan, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a share of Preferred Share Stock as shall be set forth therein at the Purchase PricePrice (as determined pursuant to Section 7), but the number amount and type of such one one-thousandth securities purchasable upon the exercise of a Preferred Share each Right and the Purchase Price thereof shall be subject to adjustment as provided herein.

Appears in 2 contracts

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

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, provided that such marks, legends, summaries and endorsements do not affect the rights, duties or responsibilities of the Rights Agent as set forth in this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any applicable stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (PNC Financial Services Group Inc), Rights Agreement (PNC Financial Services Group Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or inter-dealer quotation system on which the Rights may from time to time be listedlisted or traded, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the price per one one-hundredth of a Preferred Share set forth therein (the "Purchase Price"), but the number and type of such one one-thousandth securities purchasable upon the exercise of a Preferred Share each Right and the Purchase Price thereof shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Pharmchem Laboratories Inc), Rights Agreement (Pharmchem Laboratories Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) ), when and if issued, shall be in substantially the same form as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the price per one one-hundredth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Rayonier Advanced Materials Inc.), Rights Agreement (Navient Corp)

Form of Right Certificates. (a) 4.1 The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as set forth on Exhibit B hereto and may have such any marks of identification or designation and such any legends, summaries or endorsements printed thereon as the Company may deem appropriate and as are not inconsistent with the provisions of this Agreement (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement), or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listedlisted or the Financial Industry Regulatory Authority, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates Certificates, whenever distributed, shall be dated as of the Record Date and shall entitle the holders thereof to purchase such the number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number amount and type of such one one-thousandth securities issuable upon exercise and payment of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (New York City REIT, Inc.), Rights Agreement (American Finance Trust, Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B C hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do shall not materially and adversely affect the rights, duties, liabilities liabilities, protections or responsibilities of the Rights AgentAgent hereunder) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such price per one one-thousandth hundredth of a Preferred Share set forth therein, but the amount and the Purchase Price type of securities purchasable upon exercise of each Right and such purchase price shall be subject to adjustment as provided hereinherein (such purchase price, as so adjusted, the “Purchase Price”).

Appears in 2 contracts

Samples: Rights Agreement (Hudson Global, Inc.), Rights Agreement (Hudson Global, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase shares of Preferred Shares, the form Stock and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form of Exhibit B C hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do shall not materially and adversely affect the rights, duties, liabilities liabilities, protections or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any law, rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to customary usage. Subject to the other provisions of this Agreementthe Agreement (including Section 9), the Right Certificates shall entitle the holders holder thereof to purchase such number of one one-thousandth thousandths of a share of Preferred Share Stock as shall be set forth therein at the Purchase PricePrice for each share of one one-thousandths of a share of Preferred Stock, but the number and identity of such one one-thousandth of a Preferred Share shares and the Purchase Price shall be and remain subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Spirit Airlines, Inc.), Rights Agreement (Williams Companies, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B A hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage; provided, however, that such marks, legends, summaries or endorsements may not affect the rights or responsibilities of the Rights Agent unless the Rights Agent consents in writing thereto. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the price per hundredth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

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

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one oneten-thousandth of a Preferred Share as shall be set forth therein at the price per one ten-thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one oneten-thousandth of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hospitality Distribution Inc), Rights Agreement (Cec Entertainment Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Common Shares and of assignment and the form of certification to be printed on the reverse thereof) ), when and if issued, shall be substantially in the same as form of Exhibit B A hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or automated quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this Rights Agreement, the Right Certificates Certificates, whenever issued, shall be dated as of the Record Date, and shall show the date of countersignature by the Rights Agent, and on their face shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share Common Shares as shall be set forth therein at the Purchase PricePrice set forth therein, but the number of such one one-thousandth of a Preferred Share Common Shares and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Rights Agreement (Bryn Mawr Bank Corp), Rights Agreement (Bryn Mawr Bank Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification certificates to be printed on the reverse thereof) shall each be substantially in the same as form set forth in Exhibit B A hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this AgreementPlan, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority NASDAQ or of any other stock exchange or automated quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this AgreementPlan, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a share of Preferred Share Stock as shall be set forth therein at the Purchase PricePrice (as determined pursuant to Section 7), but the number amount and type of such one one-thousandth securities purchasable upon the exercise of a Preferred Share each Right and the Purchase Price thereof shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Tax Benefit Preservation Plan (Autobytel Inc), investor.autoweb.com

Form of Right Certificates. (a) 4.1 The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification certificate to be printed on the reverse thereof) shall each be substantially in the same as form of Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any law, rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock share exchange quotation system on which the Rights may from time to time be listed, or to conform to customary usage. The Right Certificates shall be in a form reasonably satisfactory to the Rights Agent. Subject to the other provisions of this AgreementSection 11 and Section 22 hereof, the Right Certificates Certificates, whenever distributed, shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be is set forth therein at the Purchase price set forth therein (the “Exercise Price”), but the number of such one one-thousandth of a Preferred Share and shares, or fractions thereof, or the Purchase Exercise Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Sohu.com LTD), Shareholder Rights Agreement (Sohu.com LTD)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Sharesshares, the form of certification and assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this AgreementAgreement and which do not affect the rights, duties, obligations or liabilities of the Rights Agent, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation or trading system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this Agreementterms and conditions hereof, the Right Certificates Certificates, whenever issued, shall be dated as of the Record Date, and shall show the date of countersignature by the Rights Agent, and on their face shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share Common Shares as shall be set forth therein at the price per Common Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth of a Preferred Share Common Shares and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 2 contracts

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

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the price per one one-hundredth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Aurora Biosciences Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities rights or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase Priceprice per one one-thousandth of a Preferred Share set forth therein (the "PURCHASE PRICE"), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Hercules Inc

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase shares of Preferred Shares, the form Stock and of assignment and the form of certification to be printed on the reverse thereof) ), when and if issued, shall be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or interdealer quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usagecustomary usage (but which, in each case, do not affect the rights, duties, liabilities or responsibilities of the Rights Agent). Subject to the other provisions of this Agreement, the each Right Certificates Certificate shall entitle the holders holder thereof to purchase such number of one one-thousandth thousandths of a share of Preferred Share Stock as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth thousandths of a share of Preferred Share Stock and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Commvault Systems Inc)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Commerce Energy Group Inc)

Form of Right Certificates. (a) The Right Certificates (and -------------------------- the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto --------- hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth one- thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the "Purchase -------- Price"), but the number of such one one-thousandth thousandths of a Preferred Share and the ----- Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Newmont Mining Corp)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but appropriate, which do not materially and adversely affect the rights, duties, liabilities responsibilities or responsibilities obligations of the Rights Agent) Agent other than as set forth in this Agreement and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase PricePrice (as defined in Section 7(b)), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Dendreon Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely unreasonably affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Anadarko Petroleum Corp

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be in substantially the same form as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities responsibilities or responsibilities obligations of the Rights AgentAgent as set forth in this Rights Agreement) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any law, rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to customary usage. Subject to the other provisions of this AgreementSection 11 and Section 22 hereof, the Right Certificates Certificates, whenever issued, shall be dated as of the Record Date, and on their face shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a share of Preferred Share Stock as shall be set forth therein at the price per one one-hundredth of a share as set forth therein (the “Purchase Price”), but the number and identity of such one one-thousandth of a Preferred Share shares and the Purchase Price shall be and remain subject to adjustment as provided herein.

Appears in 1 contract

Samples: Section 382 Rights Agreement (Reinsurance Group of America Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth ten-thousandths of a Preferred Share as shall be set forth therein at the price per one one-ten-thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth ten-thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Trico Marine Services Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Preference Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system or market on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Preference Share as shall be set forth therein at the price per one one-thousandth of a Preference Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a Preferred Preference Share or other securities purchasable and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Trico Marine Services Inc)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the and form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same form set forth as Exhibit B hereto and may have with such changes, marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries or endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation or transaction reporting system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates Certificates, whenever issued, on their face shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase PricePrice set forth therein, but the Purchase Price, the number and kind of securities issuable upon exercise of each Right and the number of such one one-thousandth of a Preferred Share and the Purchase Price Rights outstanding shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Verilink Corp)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase PricePrice (as defined in Section 7(b)), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (EMAK Worldwide, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company Corporation may deem appropriate (but and which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or interdealer quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a share of Preferred Share Stock as shall be set forth therein at the price per one one-thousandth of a share of Preferred Stock set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a share of Preferred Share Stock and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (American Management Systems Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) ), when and if issued, shall be in substantially the same form as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one‑thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (National Instruments Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities rights or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Incorporated Rights Agreement (Hercules Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other terms and conditions hereof, including but limited to the provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Aar Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and of the form of certification certificate to be printed on the reverse thereof) shall each be substantially in the same as form of Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities rights or responsibilities obligations of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any law, rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to customary usage. Subject to the other provisions of this AgreementSection 11 and Section 22 hereof, the Right Certificates Certificates, whenever distributed, shall be dated as of the Record Date, shall show the date of countersignature, and on their face shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Preference Share as shall be set forth therein at the Purchase price set forth therein (the "Exercise Price"), but the number of such one one-thousandth of a Preferred Share shares and the Purchase Exercise Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Xoma LTD /De/)

Form of Right Certificates. (a) The Series A Right Certificates, the Series B Right Certificates and the Series C Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as forms set forth in Exhibit B hereto D, Exhibit E and Exhibit F hereto, respectively, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or interdealer quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a share of the applicable series of Preferred Share Stock as shall be set forth therein at the applicable Purchase Price, but the number of such one one-thousandth thousandths of a share of Preferred Share Stock and the such Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Discovery Communications, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) ), when, as and if issued, shall be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries and endorsements do not materially and adversely no affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 11 and 22 hereof, the Right Certificates evidencing the Rights, whenever issued, shall be dated as of the Record Date, and on their face Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredth (1/100) of a share of Preferred Share Stock, or other securities or property as shall provided herein, as the same may from time to time be set forth therein adjusted as provided herein, at the Purchase Price, but the number of such one one-thousandth of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Oge Energy Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) ), when and if issued, shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to customary usage. Subject to the other provisions of this AgreementSections 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Nn Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto A hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth one‑hundredths of a Preferred Share as shall be set forth therein at the price per one one‑hundredth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth one‑hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Dorian LPG Ltd.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which appropriate, provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. The Right Certificates shall be in machine-printable form and in a format reasonably satisfactory to the Rights Agent. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth of hundredth interests in a Preferred Share as shall be set forth therein at the price per one one-hundredth interest in a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth of hundredth interests in a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Foster Wheeler LTD)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth one‑hundredths of a Preferred Share as shall be set forth therein at the price per one one‑hundredth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth one‑hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Dorian LPG Ltd.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Series B Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities rights or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Series B Share as shall be set forth therein at the price per one one-thousandth of a Series B Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a Preferred Series B Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Capital Gold Corp)

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Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit EXHIBIT B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase PricePrice (as defined in Section 7(b)), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Charlotte Russe Holding Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as Exhibit form set forth in EXHIBIT B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority National Association of Securities Dealers, Inc. or any stock exchange or interdealer quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase Priceprice per one one-thousandth of a Preferred Share set forth therein (the "PURCHASE PRICE"), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Andrx Corp /De/)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B A hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. The Right Certificates shall be in a machine printable format and in a form reasonably satisfactory to the Rights Agent. The Right Certificates shall show the date of countersignature. Subject to the other provisions of this AgreementSections 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth shares of a Preferred Share Common Stock as shall be set forth therein at the Purchase Priceprice per share set forth therein, but the number of such one one-thousandth of a Preferred Share shares and the Purchase Price such purchase price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Teekay Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and of the form of certification certificate to be printed on the reverse thereof) shall each be substantially in the same as form of Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities rights or responsibilities obligations of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any law, rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to customary usage. Subject to the other provisions of this AgreementSection 11 and Section 22 hereof, the Right Certificates Certificates, whenever distributed, shall be dated as of the Record Date, shall show the date of countersignature, and on their face shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Preference Share as shall be set forth therein at the Purchase price set forth therein (the "Exercise Price"), but the number of such one one-thousandth of a Preferred Share shares and the Purchase Exercise Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Xoma LTD)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities rights or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any governmental authority, stock exchange, securities commission or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Mines Management Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which that do not materially and adversely affect the rights, duties, liabilities duties or responsibilities obligations of the Rights AgentAgent as set forth in this Agreement) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or automated quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSection 22, the Right Certificates Certificates, whenever issued, on their face shall entitle the holders thereof to purchase such number of one one-thousandth shares of a Preferred Share Stock as shall be set forth therein at the price per share set forth therein (the “Purchase Price”), but the number of such one one-thousandth shares (and the type of a Preferred Share securities or other property issuance upon exercise of the Rights ) and the Purchase Price shall be subject to adjustment as provided herein. Notwithstanding any other provision of this Agreement to the contrary, the Company and the Rights Agent may amend this Agreement to provide for uncertificated Rights in addition to or in place of Rights evidenced by Right Certificates.

Appears in 1 contract

Samples: Rights Agreement (Capital Senior Living Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase shares of Preferred Shares, the form Stock and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form of Exhibit B C hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do shall not materially and adversely affect the rights, duties, liabilities liabilities, protections or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any law, rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to customary usage. Subject to the other provisions of this AgreementRights Agreement (including ‎Section 9), the Right Certificates shall entitle the holders holder thereof to purchase such number of one one-thousandth thousandths of a share of Preferred Share Stock as shall be set forth therein at the Purchase PricePrice for each share of one one-thousandths of a share of Preferred Stock, but the number and identity of such one one-thousandth of a Preferred Share shares and the Purchase Price shall be and remain subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (PGT Innovations, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall each be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (InfuSystem Holdings, Inc)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Tempest Therapeutics, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent hereunder unless otherwise agreed to by the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Us Bancorp \De\)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the and form of assignment and the form of certification to be printed on the reverse side thereof) shall be in substantially the same form attached to this Agreement as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but appropriate, which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock securities exchange quotation system on which the Rights may from time to time be listedlisted or of any automated quotations system of a national securities association on which the Rights may from time to time be registered or quoted, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates Certificates, whenever issued, on their face shall entitle the holders thereof to purchase such number of one one-thousandth one- hundredths of a Preferred Share as shall be set forth therein at for the Purchase Price, but the number of such Price per one one-thousandth hundredth of a Preferred Share and the Purchase Price shall be Share, subject to adjustment from time to time as provided hereinherein provided.

Appears in 1 contract

Samples: Rights Agreement (Data Return Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority National Association of Securities Dealers, Inc. or any stock exchange or interdealer quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Smith & Wesson Holding Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B A hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or interdealer quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a share of Preferred Share Stock as shall be set forth therein at the price per one one-hundredth of a share of Preferred Stock set forth therein (the "Purchase Price"), but the number of such one one-thousandth hundredths of a share of Preferred Share Stock and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Vans Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities obligations of the Rights AgentAgent as set forth in this Agreement) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Cygnus Inc /De/)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSection 7, Section 11 and Section 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredth of a Preferred Share as shall be set forth therein at the Purchase PricePrice (as defined in Section 7(b)), but the number of such one one-thousandth hundredth of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Ribapharm Inc)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this AgreementAgreement and which do not affect the rights, duties, obligations or liabilities of the Rights Agent, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase PricePrice (as defined in Section 7(b)), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Dynavax Technologies Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B A hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do shall not materially and adversely affect the rights, duties, liabilities liabilities, protections, responsibilities or responsibilities obligations of the Rights AgentAgent as set forth in this Agreement) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or automated quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSection 22, the Right Certificates Certificates, whenever issued, on their face shall entitle the holders thereof to purchase such number of one one-thousandth shares of a Preferred Share Stock as shall be set forth therein at the price per share set forth therein and in Section 7(b) (the “Purchase Price”), but the number of such one one-thousandth of a Preferred Share shares and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Highway Holdings LTD)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority National Association of Securities Dealers, Inc. or any stock exchange or interdealer quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Main Street Restaurant Group, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the --------------------------- form of election to purchase Preferred Shares, the and form of assignment and the form of certification to be printed on the reverse side thereof) shall be in substantially the same form set forth as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementRights Agreement (including Sections 7, 11 and 23), the Right Certificates Certificates, whenever issued, shall be dated as of the Distribution Date and shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share Shares as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth of a Preferred Share and for the Purchase Price shall be set forth therein, subject to adjustment as provided hereinin this Rights Agreement.

Appears in 1 contract

Samples: Rights Agreement (Competitive Technologies Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Diamondcluster International Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) ), when and if issued, shall be in substantially the same form as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth one‑thousandths of a Preferred Share as shall be set forth therein at the price per one one‑thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth one‑thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Wesco International Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase Priceprice per one one-hundredth of a Preferred Share set forth therein (the "PURCHASE PRICE"), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Energy Partners LTD

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B A hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSection 7, Section 11 and Section 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Insys Therapeutics, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Series B Junior Participating Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities obligations of the Rights AgentAgent as set forth in this Agreement) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation or automated quotations system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSection 11, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the price per one one-hundredth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Ii Rights Agreement (Lawson Software Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate and as are not inconsistent with the provisions of this Agreement (but and which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement), or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSection 11 and Section 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such price per one one-thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the amount and type of securities purchasable upon the exercise of each Right and the Purchase Price thereof shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Broadway Financial Corp \De\)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase PricePrice (as defined in Section 7(b)), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Amylin Pharmaceuticals Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. The Right Certificates shall be in machine-printable form and in a format reasonably satisfactory to the Rights Agent. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth of hundredth interests in a Preferred Share as shall be set forth therein at the price per one one-hundredth interest in a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth of hundredth interests in a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein. Section 5.

Appears in 1 contract

Samples: Rights Agreement (Foster Wheeler Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be in substantially the same as form of Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which appropriate, provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this Agreement, including the provisions hereof relating to the adjustment of the number of one one-hundredth interests in a Preferred Share and the Purchase Price under specified circumstances, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth of hundredth interests in a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such price per one one-thousandth of hundredth interest in a Preferred Share and set forth therein (the "Purchase Price shall be subject to adjustment as provided hereinPrice").

Appears in 1 contract

Samples: Rights Agreement (Bindview Development Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Preference Stock and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities immunities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share share of Preference Stock as shall be set forth therein at the price per one one-hundredth of a share of Preference Stock set forth therein (the “Purchase Price”), but the number of such one one-thousandth hundredths of a Preferred Share share of Preference Stock and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Vulcan Materials CO)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit Annex B hereto and Annex C hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities obligations of the Rights AgentAgent as set forth in this Agreement) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the price per one one-hundredth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Freescale Semiconductor Inc)

Form of Right Certificates. (a) The Right Certificates (and the form of election to purchase Preferred Shares, the form of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Rights Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 7, 11 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such one one-thousandth one- hundredths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Commerce Energy Group Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do shall not materially and adversely affect the rights, duties, liabilities liabilities, protections or responsibilities of the Rights AgentAgent hereunder) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth hundredths of a Preferred Share as shall be set forth therein at the Purchase Price, but the number of such price per one one-thousandth hundredth of a Preferred Share set forth therein, but the amount and the Purchase Price type of securities purchasable upon exercise of each Right and such purchase price shall be subject to adjustment as provided hereinherein (such purchase price, as so adjusted, the “Purchase Price”).

Appears in 1 contract

Samples: Rights Agreement (Huttig Building Products Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which appropriate, provided that such marks, legends, summaries and endorsements do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority New York Stock Exchange or of any other stock exchange or automated quotation system on which the Rights may from time to time be listed, or to conform to usage. Subject to the other provisions of this AgreementSections 11, 13 and 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth one- thousandths of a share of Preferred Share Stock as shall be set forth therein at the price per one one-thousandth of a share of Preferred Stock set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a share of Preferred Share Stock and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Spartech Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially in the same as form of Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or inter-dealer electronic quotation and trading system on which the Rights may from time to time be listed, listed or to conform to usage. Subject to the other provisions of this Agreement, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share equal to the Purchase Price, but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Mens Wearhouse Inc)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such changes or marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities liabilities, protections or responsibilities of the Rights AgentAgent hereunder) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any stock exchange or the Financial Industry Regulatory Authority or any stock exchange quotation system on which the Rights may from time to time be listedAuthority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one oneten-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one ten-thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one oneten-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Centurylink, Inc

Form of Right Certificates. (a) The Right Certificates (and the form -------------------------- forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and --------- may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities duties or responsibilities of the Rights Agent) Agent and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of the Financial Industry Regulatory Authority or any stock exchange quotation system on which or the Rights may from time to time be listedNational Association of Securities Dealers, Inc., or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the "Purchase Price"), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Delta Holdco Corp)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase shares of Preferred Shares, the form Stock and of assignment and the form of certification to be printed on the reverse thereof) ), when and if issued, shall be substantially in the same as form set forth in Exhibit B hereto and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any rule or regulation made pursuant thereto or with any rule or regulation of the Financial Industry Regulatory Authority or any stock exchange or interdealer quotation system on which the Rights may from time to time be listedlisted or quoted, or to conform to usagecustomary usage (but which, in each case, do not affect the rights, duties, liabilities or responsibilities of the Rights Agent). Subject to the other provisions of this Agreement, the each Right Certificates Certificate shall entitle the holders holder thereof to purchase such number of one oneten-thousandth thousandths of a share of Preferred Share Stock as shall be set forth therein at the Purchase Price, but the number of such one oneten-thousandth thousandths of a share of Preferred Share Stock and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Dave & Buster's Entertainment, Inc.)

Form of Right Certificates. (a) The Right Certificates (and the form forms of election to purchase Preferred Shares, the form Shares and of assignment and the form of certification to be printed on the reverse thereof) shall be substantially the same as Exhibit B hereto hereto, and may have such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate (but which do not materially and adversely affect the rights, duties, liabilities rights or responsibilities of the Rights Agent) and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any applicable law or with any applicable rule or regulation made pursuant thereto or with any applicable rule or regulation of any governmental authority, stock exchange, securities commission, the Financial Industry Regulatory Authority Authority, or any stock exchange quotation system on which the Rights may from time to time be listedsimilar authority, or to conform to usage. Subject to the other provisions of this AgreementSection 22 hereof, the Right Certificates shall entitle the holders thereof to purchase such number of one one-thousandth thousandths of a Preferred Share as shall be set forth therein at the price per one one-thousandth of a Preferred Share set forth therein (the “Purchase Price”), but the number of such one one-thousandth thousandths of a Preferred Share and the Purchase Price shall be subject to adjustment as provided herein.

Appears in 1 contract

Samples: Rights Agreement (Red Robin Gourmet Burgers Inc)

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