Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Lifeline Systems Inc), Rights Agreement (Waban Inc), Rights Agreement (Lifeline Systems Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust powers or business or the stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Butler National Corp), Rights Agreement (Mobile Mini Inc), Rights Agreement (Hearx LTD)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case if at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Certificates such Right Certificate and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Giga Tronics Inc), Rights Agreement (Giga Tronics Inc), Rights Agreement (Giga Tronics Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement and any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Dime Community Bancorp Inc), Rights Agreement (First Sentinel Bancorp Inc), Rights Agreement (Warwick Community Bancorp Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Isolagen Inc), Rights Agreement (Angiodynamics Inc), Rights Agreement (Angiodynamics Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement and at such time any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Quad Systems Corp /De/), Rights Agreement (BHC Financial Inc), Rights Agreement (CFM Technologies Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services or stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof22. In case case, at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 3 contracts
Samples: Section 382 Rights Agreement (Taronis Fuels, Inc.), Section 382 Rights Agreement (Centrus Energy Corp), Section 382 Rights Agreement (Centrus Energy Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Spartan Motors Inc), Rights Agreement (Hastings Manufacturing Co), Rights Agreement (Manatron Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties heretoto this Agreement; provided, however, that such corporation would be -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereofof this Agreement. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Preferred Shares Rights Agreement (Oratec Interventions Inc), Preferred Shares Rights Agreement (Rita Medical Systems Inc), Preferred Shares Rights Agreement (Preview Travel Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer powers or performance of the shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Newcastle Investment Corp), Rights Agreement (Newcastle Investment Corp), Rights Agreement (Newcastle Investment Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases cases, such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Senior Housing Properties Trust), Renewed Rights Agreement (Hospitality Properties Trust), Renewed Rights Agreement (HRPT Properties Trust)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or document or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible 31 35 for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Serv Tech Inc /Tx/), Rights Agreement (Serv Tech Inc /Tx/), Rights Agreement (Serv Tech Inc /Tx/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; , provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, ; any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Cerner Corp /Mo/), Rights Agreement (Gold Banc Corp Inc), Rights Agreement (Cerner Corp /Mo/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution signature or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a such predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Watkins Johnson Co), Rights Agreement (Penederm Inc), Rights Agreement (Watkins Johnson Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or amalgamated or with which it may be consolidated, or any corporation resulting from any merger merger, amalgamation or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust or stock transfer shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.04 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Shareholder Rights Plan Agreement (Western Uranium & Vanadium Corp.), Shareholder Rights Plan Agreement (Western Uranium & Vanadium Corp.), Shareholder Rights Plan Agreement
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that the time any of the Rights Certificates shall not have been countersigned, countersigned any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Bellwether Exploration Co), Rights Agreement (Nuevo Energy Co), Rights Agreement (Bellwether Exploration Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall will be a party, or any corporation succeeding to the corporate trust or stock transfer shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall will succeed to the agency created by this Agreement, any of the Rights Certificates shall will have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall will not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Alkermes Inc), Rights Agreement (Alkermes Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such -------- corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; , and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates Right Certificates, either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; , and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Insmed Inc), Rights Agreement (City Holding Co)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation or other entity into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation or other entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation or other entity succeeding to the corporate trust or stock transfer shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- or other entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Shareholder Protection Rights Plan (Itxc Corp), Shareholder Protection Rights Plan (Lakeland Bancorp Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, howeverPROVIDED, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.all
Appears in 2 contracts
Samples: Rights Agreement (Video Update Inc), Rights Agreement (Video Update Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 22 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Napro Biotherapeutics Inc), Rights Agreement (Eftc Corp/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all of the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Nine West Group Inc /De), Rights Agreement (Nine West Group Inc /De)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the shareholder services, stock transfer or corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Vitacost.com, Inc.), Rights Agreement (Vitacost.com, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) --------------------------------------------------------- Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Triad Hospitals Inc), Rights Agreement (Lifepoint Hospitals LLC)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust or trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (NTL Inc), Rights Agreement (NTL Inc/De/)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or all or substantially all of the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Vion Pharmaceuticals Inc), Rights Agreement (Vion Pharmaceuticals Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust or trust, stock transfer or other shareholder service business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersignedcounter-signed, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: 4 Rights Agreement (Twin Disc Inc), 4 Rights Agreement (Twin Disc Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, PROVIDED that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Murphy Oil Corp /De), Rights Agreement (Thomas & Betts Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature counter-signature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cytyc Corp), Rights Agreement (Cytyc Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case Table of Contents at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (1st Constitution Bancorp), Rights Agreement (1st Constitution Bancorp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case if at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Certificates such Right Certificates, and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Media One Group Inc), Rights Agreement (Building Materials Holding Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services business or the stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the -26- 29 name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Trico Bancshares /), Rights Agreement (Trico Bancshares /)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into or with which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust or stock transfer shareholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties heretoto this Agreement; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereofSECTION 21. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Anchor Gaming), Rights Agreement (Anchor Gaming)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger merger, conversion or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Section 382 Rights Agreement (Comstock Holding Companies, Inc.), Section 382 Rights Agreement (Comstock Homebuilding Companies, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation corpora tion succeeding to the corporate trust or business, stock transfer business or other stockholder services of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cutco Industries Inc), Rights Agreement (Cutco Industries Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Williams Companies Inc), Rights Agreement (Divine Interventures Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature counter signature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates Right Certificate either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Genlyte Group Inc), Rights Agreement (Computer Horizons Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all of the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Halter Marine Group Inc), Rights Agreement (Marketspan Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper instrument or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case if at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Certificates such Right Certificates, and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Magnetek Inc), Rights Agreement (Magnetek Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into or with which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust or stock transfer stockholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties heretoto this Agreement; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cannondale Corp /), Rights Agreement (Carriage Services Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) --------------------------------------------------------- Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Equidyne Corp), Rights Agreement (Equidyne Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or amalgamated or with which it may be consolidated, or any corporation resulting from any merger merger, amalgamation or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust shareholder or stock transfer unitholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 4.4 hereof. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Unitholder Rights Agreement, Unitholder Rights Agreement
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, PROVIDED that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Renewed Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement Amendment without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this AgreementAmendment, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this AgreementAmendment.
Appears in 2 contracts
Samples: Rights Agreement (Flow International Corp), Rights Agreement (Flow International Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the stock transfer or corporate trust or stock transfer business stockholder services businesses of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement Plan without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this AgreementPlan, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this AgreementPlan.
Appears in 2 contracts
Samples: Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Radian Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation corporation, succeeding to the corporate trust trust, share transfer or stock transfer other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; , provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates Certificate so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the its name of the predecessor or in the name of as the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Garmin LTD), Rights Agreement (Garmin LTD)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust shareholder services or stock transfer or corporate trust business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof22. In case case, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Tax Asset Protection Rights Agreement (Aceto Corp), Asset Protection Rights Agreement (Cambium Learning Group, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, howeverPROVIDED, that such corporation -------- ------- would must be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Inspire Pharmaceuticals Inc), Rights Agreement (Collateral Therapeutics Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation corporation, succeeding to the corporate trust or trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; , provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates Certificate so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (DST Systems Inc), Rights Agreement (Kansas City Southern)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into or with which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation succeeding to the corporate trust or stock transfer stockholder services business of the Rights Agent or any successor Rights Agent, shall will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties heretoto this Agreement; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereofSECTION 21. In case at the time such successor Rights Agent shall succeed succeeds to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall will have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Precept Business Services Inc), Rights Agreement (Affiliated Computer Services Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation entity into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation entity succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- entity would be eligible for appointment as a successor Rights Agent under the provisions of Section SECTION 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, Agreement any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Forgent Networks Inc), Rights Agreement (Forgent Networks Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust business or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Worldcom Inc/ga//), Rights Agreement (Worldcom Inc/ga//)
Merger or Consolidation or Change of Name of Rights Agent. (a) 19.1. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or all or substantially all of the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such -------- corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Netvantage Inc), Rights Agreement (Netvantage Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Ecolab Inc), Rights Agreement (Baxter International Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates Certificate either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Harsco Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be is merged or with which it may be the Rights Agent or any successor Rights Agent is consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be is a party, or any corporation Person succeeding to the corporate trust or trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Tempur Sealy International, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may effect a share exchange or be consolidated, or any corporation Person resulting from any merger merger, share exchange or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the stock transfer or corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be -------- eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and and, in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and and, in all such cases cases, such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; provided, however, PROVIDED that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Acc Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersignedcounter-signed; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency 63 64 created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible 34 39 for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Visx Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- 60 57 would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Cognizant Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates Certificate so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Stockholder Rights Agreement (Enchira Biotechnology Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or stock transfer Shareholder Services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Staff Leasing Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case if at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Certificates such Right Certificate and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that --------- -------- such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) --------------------------------------------------------- Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof21. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; , and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates Certificates, either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; : and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases cases, such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any 62 67 successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Acnielsen Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust powers or business or the stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with 49 47 which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 1 contract
Samples: 3 Rights Agreement (New D&b Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or stock transfer or all or substantially all of the shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case case, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the its name of the predecessor or in the name of as the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Preferred Stock Rights Agreement (Internap Network Services Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the 38 - 35 - execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Bestfoods)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement Agreement, without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: 382 Rights Agreement (GlassBridge Enterprises, Inc.)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 1 contract
Samples: 3 Rights Agreement (New D&b Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Arris Group Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Asarco Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to all or substantially all of the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or stock transfer or all or substantially all of the shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case case, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.name
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may effect a share exchange or be consolidated, or any corporation Person resulting from any merger merger, share exchange or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or stock transfer stockholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper document or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case case, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case case, at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and and, in all such cases cases, such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidatedconsolidated or converted, or any corporation resulting from any merger merger, conversion or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Rights Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Rights Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Rights Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any 60 57 merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Bowne & Co Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged merged, converted or with which it may be consolidated, or any corporation resulting from any merger merger, conversion or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Vonage Holdings Corp
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or business, stock transfer business or other stockholder services of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, 38 42 any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersignedcounter signed; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) a. Successor. Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof(Change of Rights Agent). In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Bi Inc)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a E successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so 80 countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; providedPROVIDED, howeverHOWEVER, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and Certifi catex xxx in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Travelers Property Casualty Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be --------- ------- eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation entity into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation entity resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation entity succeeding to the stock transfer or corporate trust or stock transfer business powers of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a the predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor Rights Agent or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.. TABLE OF CONTENTS
Appears in 1 contract
Samples: Rights Agreement (Verso Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation Person into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation Person succeeding to the corporate trust or stock transfer or all or substantially all of the shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, provided that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case case, at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Right Certificates so countersigned; and in case at that time any of the Rights Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Right Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Right Certificates shall have the full force provided in the Rights Right Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer or other shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that but only if such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersignedcounter- signed; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution signature or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case If at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a such predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case if at that time any of the Rights Certificates certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting result- ing from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer shareholder services business of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor suc- cessor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned counter- signed but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersignedcounter- signed; and in case at that time any of the Rights Certificates Cer- tificates shall not have been countersigned, any successor succes- sor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Lam Research Corp)
Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation into which the Rights Agent or any successor Rights Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Rights Agent or any successor Rights Agent shall be a party, or any corporation succeeding to the corporate trust or trust, stock transfer business or other stockholder services of the Rights Agent or any successor Rights Agent, shall be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, however, that such corporation -------- ------- would be eligible for appointment as a successor Rights Agent under the provisions of Section 21 hereof. In case at the time such successor Rights Agent shall succeed to the agency created by this Agreement, any of the Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of a predecessor Rights Agent and deliver such Rights Certificates so countersigned; and in case at that time any of the Rights Certificates shall not have been countersigned, any successor Rights Agent may countersign such Rights Certificates either in the name of the predecessor or in the name of the successor Rights Agent; and in all such cases such Rights Certificates shall have the full force provided in the Rights Certificates and in this Agreement.
Appears in 1 contract
