Common use of Merger or Consolidation or Change of Name of Rights Agent Clause in Contracts

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 is a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 53 contracts

Samples: Section 382 Rights Agreement (Cooper-Standard Holdings Inc.), Rights Agreement (Georgia Gulf Corp /De/), Rights Agreement (Sunpower Corp)

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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 is a party, or any corporation Person succeeding to the corporate trust trust, stock transfer or other stockholder services business of the Rights Agent or any successor Rights Agent, will 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 that ; but only if such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 2121 hereof. If The purchase of all or substantially all of the Rights Agent’s assets employed in the performance of transfer agent activities shall be deemed a merger or consolidation for purposes of this Section 20. In case at the time such successor Rights Agent succeeds shall succeed to the agency created by this Agreement Agreement, any of the Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and if in case at that time any of the Right Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates will shall have the full force provided in the Right Rights Certificates and in this Agreement.

Appears in 13 contracts

Samples: Tax Benefits Preservation Plan (Oasis Petroleum Inc.), Tax Benefits Preservation Plan, Rights Agreement (Nuverra Environmental Solutions, 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 is a party, or any corporation succeeding to the corporate trust stockholder services business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 214.4 hereof. If In case at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and if in case at that time any of the Right Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates will have the full force provided in the Right Rights Certificates and in this Agreement.

Appears in 8 contracts

Samples: Rights Agreement (J C Nichols Co), Rights Agreement (J C Nichols Co), Rights Agreement (Utilicorp United 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 is a party, or any corporation succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, 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 that if such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement Agreement, any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such the Right Certificates so countersigned; and if at that time any of the Right Certificates shall have not have been countersigned, any successor Rights Agent may countersign such 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 those Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 8 contracts

Samples: Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Morgans Foods 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 is a party, or any corporation succeeding to all or substantially all the corporate trust or agency business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 7 contracts

Samples: Rights Agreement (Air T Inc), Rights Agreement (AO Partners I, LP), Agreement (Air T 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 is a party, or any corporation succeeding to the corporate trust or shareholder services business of the Rights Agent or any successor Rights Agent, 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, provided however, that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If In case at the time such successor Rights Agent succeeds to the agency created by this Agreement Agreement, any of the Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and if in case at that time any of the Right Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates will have the full force provided in the Right Rights Certificates and in this Agreement.

Appears in 6 contracts

Samples: Shareholder Rights Agreement (Mercantile Bancorp, Inc.), Shareholder Rights Agreement (Mercantile Bancorp, Inc.), Rights Agreement (American Freightways 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 is a party, or any corporation succeeding to the corporate trust stockholder services business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 213.4 hereof. If In case at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Rights Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Rights Certificates so countersigned; and if in case at that time any of the Right Rights Certificates shall have not have been countersigned, any successor Rights Agent may countersign such Right 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 Right Rights Certificates will have the full force provided in the Right Rights Certificates and in this Agreement.

Appears in 4 contracts

Samples: Stockholder Protection Agreement (Semtech Corp), Stockholder Protection Agreement (Johnston Industries Inc), Stockholder Protection Agreement (Protein Polymer Technologies Inc)

Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation entity into or with which the Rights Agent or any successor Rights Agent may be merged merged, consolidated or with which it may be consolidatedcombined, or any corporation entity resulting from any merger merger, consolidation or consolidation combination to which the Rights Agent or any successor Rights Agent is 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, will 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 party hereto, ; provided that such corporation entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 2119. If at the time such successor Rights Agent succeeds to the agency created by this Rights Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall have not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will shall have the full force provided in the Right Certificates and in this Rights Agreement.

Appears in 4 contracts

Samples: Rights Agreement (Tribune Publishing Co), Rights Agreement (Tribune Publishing Co), Rights Agreement (Spirit Airlines, 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 is will be a party, or any corporation corporation, succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, will 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 that such corporation would be eligible is for appointment as a successor Rights Agent under the provisions of Section 2120. If In case at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have has been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if in case at that time any of the Right Certificates shall have not have been countersigned, any successor Rights Agent may countersign such 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 cases, such Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 4 contracts

Samples: Rights Agreement (Jo-Ann Stores Inc), Rights Agreement (Jo-Ann Stores Inc), Rights Agreement (Jo-Ann Stores 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 is a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Sterling Commerce Inc), Rights Agreement (Sterling Software 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 is a party, or any corporation Person succeeding to the corporate trust shareholder services business of the Rights Agent or any successor Rights Agent, will 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 that such corporation Person would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will shall have the full force provided in the Right Certificates and in this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (Del Global Technologies Corp), Rights Agreement (Del Global Technologies Corp)

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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 is a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 2121 . If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 2 contracts

Samples: Rights Agreement (New Century Equity Holdings Corp), Rights Agreement (New Century Equity Holdings Corp)

Merger or Consolidation or Change of Name of Rights Agent. (a) Any corporation entity into or with which the Rights Agent or any successor Rights Agent may be merged merged, consolidated or with which it may be consolidatedcombined, or any corporation entity resulting from any merger merger, consolidation or consolidation combination to which the Rights Agent or any successor Rights Agent is 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, will 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 party hereto, ; provided that such corporation entity would be eligible for appointment as a successor Rights Agent under the provisions of Section 21‎Section 19. If at the time such successor Rights Agent succeeds to the agency created by this Rights Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the a predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall have not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will shall have the full force provided in the Right Certificates and in this Rights Agreement.

Appears in 2 contracts

Samples: Rights Agreement (PGT Innovations, Inc.), Rights Agreement (FTS 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 is a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, will be the successor to the Rights Agent under this Agreement without the execution or filing of any paper or any further 51 55 act on the part of any of the parties hereto, provided PROVIDED that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Olympic Steel 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 is a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such Right Certificates either in the its name of the predecessor Rights Agent or in the name of as the successor Rights Agent; and in all such cases such Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Matrix Service 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 is a party, or any corporation succeeding to all or substantially all the corporate trust business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Diebold 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 is a party, or any corporation succeeding to the corporate trust business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Bibb Co /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 is a party, or any corporation succeeding to the corporate trust stock transfer business of the Rights Agent or any successor Rights Agent, 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 that such corporation would be eligible for appointment as a successor Rights Agent under the provisions of Section SECTION 21. If at the time such successor Rights Agent succeeds to the agency created by this Agreement any of the Right Certificates shall have been countersigned but not delivered, any such successor Rights Agent may adopt the countersignature of the predecessor Rights Agent and deliver such Right Certificates so countersigned; and if at that time any of the Right Certificates shall not have been countersigned, any successor Rights Agent may countersign such 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 Right Certificates will have the full force provided in the Right Certificates and in this Agreement.

Appears in 1 contract

Samples: Rights Agreement (Penton Media Inc)

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