Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 25 contracts
Samples: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (Drive Shack Inc.), Section 382 Rights Agreement (TiVo Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s 's own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s 's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 22 contracts
Samples: Rights Agreement (C H Robinson Worldwide Inc), Rights Agreement (Chronimed Inc), Rights Agreement (Mgi Pharma Inc)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to vested in the Rights Agent under pursuant to Section 18 and Section 19 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 19 contracts
Samples: Rights Agreement (Via Net Works Inc), Rights Agreement (On Assignment Inc), Rights Agreement (Arbitron Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 18 contracts
Samples: Rights Agreement (First Indiana Corp), Rights Agreement (Fruit of the Loom Inc /De/), Rights Agreement (Ennis Business Forms Inc)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 16 contracts
Samples: Rights Agreement (Solitron Devices Inc), Rights Agreement (Longview Fibre Co), Rights Agreement (Agribiotech Inc)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to vested in the Rights Agent under pursuant to Section 18 and Section 19 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 12 contracts
Samples: Rights Agreement (White Mountain Titanium Corp), Rights Agreement (Wabash National Corp /De), Rights Agreement (Evergreen Energy Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such the holder’s own behalf and for such the holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such the holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 12 contracts
Samples: Rights Agreement (Iconix Brand Group, Inc.), 382 Rights Agreement (Horizon Lines, Inc.), Rights Agreement (Realogy Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the registered holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in on such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the registered holders of Rights, it is specifically acknowledged that the registered holders of Rights would not have an adequate remedy at law for any breach of this Agreement and and, accordingly, shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 12 contracts
Samples: Rights Agreement (Tabula Rasa HealthCare, Inc.), Tax Benefit Preservation Plan (Fitlife Brands, Inc.), Rights Agreement (Inmune Bio, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the holder of any Common StockShares), may, may in such holder’s his own behalf and for such holder’s his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate or Common Share certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 10 contracts
Samples: Rights Agreement (Hughes Supply Inc), Rights Agreement (North American Scientific Inc), Rights Agreement (Equifax Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except the for rights of action that are given to the Rights Agent under Section 18 or Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s 's own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s 's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement. Holders of Rights shall be entitled to recover the reasonable costs and expenses, including attorneys' fees, incurred by them in any action to enforce the provisions of this Rights Agreement.
Appears in 10 contracts
Samples: Rights Agreement (Butler National Corp), Rights Agreement (Sigma Aldrich Corp), Rights Agreement (United Therapeutics Corp)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of record of the Common Stock); and any registered holder of record of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Saks Inc), Rights Agreement (Zymetx Inc), Rights Agreement Agreement (Medimmune Inc /De)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Rights Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Rights Agreement, or otherwise enforce or act in respect of, such holder’s of his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Rights Agreement.
Appears in 8 contracts
Samples: Rights Agreement (Arv Assisted Living Inc), Rights Agreement (Resmed Inc), Rights Agreement (Thompson Pbe Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement Agreement, and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Jason Industries, Inc.), Rights Agreement (Jason Industries, Inc.), Rights Agreement (Hanger, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 7 contracts
Samples: Rights Agreement (Midas Inc), Rights Agreement (Allegiance Corp), Rights Agreement (Midas Group Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 7 contracts
Samples: Preferred Stock Rights Agreement (Centillium Communications Inc), Preferred Stock Rights Agreement (ABX Holdings, Inc.), Preferred Stock Rights Agreement (Internap Network Services Corp)
Rights of Action. (a) All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the shares of Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the shares of Common Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Comverse, Inc.), Rights Agreement (Abraxas Petroleum Corp), Rights Agreement (CLST Holdings, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 6 contracts
Samples: Rights Agreement (Hawk Corp), Rights Agreement (Hawk Corp), Rights Agreement (Cigna Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 6 contracts
Samples: Renewed Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme Corp), Renewed Rights Agreement (Genzyme Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or and may otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Lasersight Inc /De), Rights Agreement (Harvard Industries Inc), Rights Agreement (Salton Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except the for rights of action that are given to the Rights Agent under Section 18 or Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s 's own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s 's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement. Holders of Rights shall be entitled to recover from the Company the reasonable costs and expenses, including attorneys' fees, incurred by them in any action to enforce the provisions of this Rights Agreement.
Appears in 5 contracts
Samples: 1999 Rights Agreement (Leggett & Platt Inc), 1998 Rights Agreement (Emerson Electric Co), 1998 Rights Agreement (Ns Group Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are actions given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Harvest Natural Resources, Inc.), Rights Agreement (Harvest Natural Resources Inc), Rights Agreement (Harvest Natural Resources Inc)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to vested in the Rights Agent under pursuant to Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Coorstek Inc), Rights Agreement (CBL & Associates Properties Inc), Rights Agreement (CBL & Associates Properties Inc)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (Chembio Diagnostics, Inc.), Rights Agreement (Warren Resources Inc), Rights Agreement (Double Eagle Petroleum Co)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement Agreement, and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 5 contracts
Samples: Rights Agreement (SemGroup Corp), Rights Agreement (John Bean Technologies CORP), Esmark Incorporated (Esmark INC)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofand Section 20, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such the holder’s own behalf and for such the holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such the holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (News Corp), Rights Agreement (News Corp), Rights Agreement (New Newscorp LLC)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such the holder’s 's own behalf and for such the holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such the holder’s 's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Avid Technology, Inc.), Rights Agreement (Jakks Pacific Inc), Rights Agreement (Jakks Pacific Inc)
Rights of Action. (a) All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach by the Company of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of by the Company of, the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Preferred Stock Rights Agreement (Resonate Inc), Preferred Stock Rights Agreement (Genesis Microchip Inc /De), Preferred Stock Rights Agreement (Genesis Microchip Inc /De)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Shareholder Rights Agreement (Sunlink Health Systems Inc), Shareholder Rights Agreement (Sunlink Health Systems Inc), Rights Agreement (LNB Bancorp Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, such holder’s of his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Tivo Inc), Rights Agreement (Keystone Automotive Industries Inc), Rights Agreement (Southwest Water Co)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockCompany Securities); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockCompany Securities), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockCompany Securities), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Marcam Solutions Inc), Rights Agreement (Mapics Inc), Rights Agreement (Marcam Solutions Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the registered holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in on such first holder’s own behalf and for such first holder’s own benefit, enforce, and may institute and maintain any suit, action action, or proceeding against the Company to enforce, or otherwise act in respect of, such first holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the registered holders of Rights, it is specifically acknowledged that the registered holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Mullen Automotive Inc.), Rights Agreement (Silverbow Resources, Inc.), Rights Agreement (Newpark Resources Inc)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such the holder’s own behalf and for such the holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such the holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of by any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement, Rights Agreement (Allied Healthcare International Inc), Rights Agreement (4 Kids Entertainment Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are given to the Rights Agent under in Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of record of the Common Stock); and any registered holder of record of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Corporation to enforce, or otherwise act in respect of, such holder’s his, her or its right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement.
Appears in 4 contracts
Samples: Rights Agreement (TSR Inc), Rights Agreement (TSR Inc), Rights Agreement (TSR Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the 24 - RIGHTS AGREEMENT obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Rights Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Oregon Metallurgical Corp), Rights Agreement (Oregon Metallurgical Corp), Rights Agreement (Oregon Metallurgical Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the holder of any Common StockShares), may, may in such holder’s his own behalf and for such holder’s his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate or Common Share certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 4 contracts
Samples: Rights Agreement (Choicepoint Inc), Rights Agreement (Certegy Inc), 3 Rights Agreement (Equifax Ps Inc)
Rights of Action. (a) All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Kellstrom Industries Inc), Agreement (Emisphere Technologies Inc), Agreement (Emisphere Technologies Inc)
Rights of Action. All rights of action in respect of ---------------- this Rights Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Rights Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Rights Agreement, or otherwise enforce or act in respect of, such holder’s of his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Rights Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Amgen Inc), Rights Agreement (Sunrise Medical Inc), Rights Agreement (Assisted Living Concepts Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s its own behalf and for such holder’s its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s its right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Zebra Technologies Corp/De), Rights Agreement (Zebra Technologies Corp/De), Rights Agreement (Career Education Corp)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to the Rights Agent under Section Sections 18 through 21 inclusive hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (CepTor CORP), Rights Agreement (Ramp Corp), Rights Agreement (Ramp Corp)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of Common Stock of the Common StockCompany); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common StockCompany), without the consent of the Rights Agent or of the any holder of any other Rights Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common Stock), Company) may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Chrysler Corp /De), Rights Agreement (Phoenix Companies Inc/De), Rights Agreement (Hancock John Financial Services Inc)
Rights of Action. All rights of action in respect of this Agreement, except the those rights of action that are given to expressly vested in the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s 's own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s 's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach by the Company of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations by the Company of the obligations hereunder of any Person subject to this Agreement. Holders of Rights shall be entitled to recover the reasonable costs and expenses, including attorneys' fees, incurred by them in any action to enforce the provisions of this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Fiberstars Inc /Ca/), Rights Agreement (Fiberstars Inc /Ca/), Rights Agreement (California Micro Devices Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockUnits); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockUnits), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockUnits), may, in such holder’s his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Partnership to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Unit Purchase Rights Agreement (Star Gas Partners Lp), Unit Purchase Rights Agreement (Star Gas Partners Lp), Unit Purchase Rights Agreement (Star Gas Partners Lp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, hereunder and are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach by the Company of this Agreement Agreement, and shall will be entitled to specific performance of the obligations hereunder by the Company under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Tronox Incorporated and Umb (Tronox Inc), Rights Agreement (Freescale Semiconductor Inc), Freescale Semiconductor Inc
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such on the holder’s own behalf and for such the holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such the holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (American Apparel, Inc), Rights Agreement (American Apparel, Inc), Rights Agreement (American Apparel, Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Rights Distribution Date, the registered holders of the Common StockShares); , and any registered holder of any Rights Right Certificate (or, prior to the Rights Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Rights Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s of his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Preferred Share Purchase Rights Agreement (Crescent Operating Inc), Preferred Share Purchase Rights Agreement (Crescent Operating Inc), Preferred Share Purchase Rights Agreement (Crescent Operating Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the registered holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in on such first holder’s own behalf and for such first holder’s own benefit, enforce, and may institute and maintain any suit, action action, or proceeding against the Company to enforce, or otherwise act in respect of, such first holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the registered holders of Rights, it is specifically acknowledged that the registered holders of Rights would not have an adequate remedy at law for any breach of this Agreement by the Company and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations by the Company of the its obligations hereunder of any Person subject to this Agreementhereunder.
Appears in 3 contracts
Samples: Rights Agreement (Barnes & Noble Education, Inc.), Rights Agreement, Rights Agreement (Commercial Vehicle Group, Inc.)
Rights of Action. All rights of action in respect of to this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s 's own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect ofto, such holder’s 's right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder hereunder, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Pharmacyclics Inc), Rights Agreement (Idec Pharmaceuticals Corp / De), Rights Agreement (Pharmacyclics Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 or Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock)Shares) may, without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s on his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Expressjet Holdings Inc), Rights Agreement (Continental Airlines Inc /De/), Rights Agreement (Expressjet Holdings Inc)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to vested in the Rights Agent under pursuant to Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of Common Stock of the Common StockCompany); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common StockCompany), without the consent of the Rights Agent or of the any holder of any other Rights Right Certificate (or, prior to the Distribution Date, of Common Stock of the Common Stock), Company) may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (Syniverse Holdings Inc), Rights Agreement (Bairnco Corp /De/), Rights Agreement (Domtar CORP)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, any registered holder of the shares of Common Stock), without the consent of the Rights Agent or of the registered holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the registered holder of shares of Common Stock), may, in such holder’s own behalf and for such holder’s own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the registered holders of Rights, it is specifically acknowledged that the registered holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Sherwin Williams Co), Rights Agreement (Sherwin Williams Co)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofand Section 20, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockOrdinary Shares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockOrdinary Shares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockOrdinary Shares), may, in such holder’s its own behalf and for such holder’s its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s its right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Sina Corp), Rights Agreement (Sina Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Internet America Inc), Rights Agreement (Internet America Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s 's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Meridian Resource Corp), Rights Agreement (Bindview Development Corp)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common Stock); and any registered holder of record of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Resortquest International Inc), Rights Agreement (Resortquest International Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, such holder’s of his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Varco International Inc /De/), Rights Agreement (Varco International Inc /De/)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Hickory Tech Corp), Rights Agreement (Fuller H B Co)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder and under, valid injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Abc Bancorp), Rights Agreement (Abc Bancorp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Criimi Mae Inc), Rights Agreement (Criimi Mae Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, except the rights of action that are given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common Capital Stock); and any registered holder of record of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Capital Stock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Capital Stock), may, in such holder’s on his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Iparty Corp), Rights Agreement (Iparty Corp)
Rights of Action. All rights of action ---------------- in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (WPS Resources Corp), Rights Agreement (Interstate Energy Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofany section of this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such on the holder’s own behalf and for such the holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such the holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (A & B II, Inc.), Rights Agreement (Alexander & Baldwin Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section SECTION 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s on his own behalf and for such holder’s his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s to his right to exercise the Rights evidenced by such Rights Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided in such Rights Certificate therein and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Hallwood Energy Corp), Rights Agreement (Dallas Semiconductor Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Microsemi Corp), Shareholder Rights Agreement (La Jolla Fresh Squeezed Coffee Co Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the registered holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in on such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the registered holders of Rights, it is specifically acknowledged that the registered holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (StealthGas Inc.), Rights Agreement (Qualstar Corp)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement by the Company and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreementthe Company.
Appears in 2 contracts
Samples: Tax Benefits Preservation Plan, Tax Benefits Preservation Plan (Forestar Group Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement Agreement, and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations by the Company of the its obligations hereunder of any Person subject to this Agreementhereunder.
Appears in 2 contracts
Samples: Rights Agreement (ASA Gold & Precious Metals LTD), Rights Agreement (ASA Gold & Precious Metals LTD)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in on such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement by the Company, and shall will be entitled to specific performance of the obligations hereunder hereunder, and injunctive relief against actual or threatened violations by the Company of the its obligations hereunder of any Person subject to this Agreementhereunder.
Appears in 2 contracts
Samples: Section 382 Rights Agreement (Lumen Technologies, Inc.), Section 382 Rights Agreement (Lumen Technologies, Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his or her own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, enforce or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Analysts International Corp), Rights Agreement Agreement (Analysts International Corp)
Rights of Action. All rights of action in respect of ---------------- this Agreement, except the rights of action that are given to vested in the Rights Agent under pursuant to Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Cordis Corp), Rights Agreement (Cordis Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the holder of 29 33 any Common StockShares), may, may in such holder’s his own behalf and for such holder’s his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Chrysalis International Corp), Rights Agreement (Chrysalis International Corp)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s its own behalf and for such holder’s its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s 's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Quest Medical Inc), Rights Agreement (Arkansas Best Corp /De/)
Rights of Action. All rights of action in respect of this Rights Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against against, actual or threatened violations of the obligations hereunder of any Person subject to to, this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Championship Auto Racing Teams Inc), Rights Agreement (Championship Auto Racing Teams Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); Shares) and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (America Online Inc), Rights Agreement (Biogen Inc)
Rights of Action. (a) All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s on his own behalf and for such holder’s his own benefit, may enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate (or, prior to the Distribution Date, such Common Stock) in the manner provided in such Rights Certificate therein and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach by the Company of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of by the Company of, the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Lear Corp), Rights Agreement (Quixote Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the holder of any Common StockShares), may, may in such holder’s his/her own behalf and for such holder’s his/her own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his/her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Stockholder Rights Agreement (Cumulus Media Inc), Tax Asset Preservation Plan (WeWork Inc.)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofand Section 20, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the holder of any Common StockShares), may, may in such holder’s his own behalf and for such holder’s his own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach by the Company of this Agreement and shall be entitled to specific performance of the obligations hereunder under this Agreement, and injunctive relief against actual or threatened violations by the Company of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Del Global Technologies Corp), Rights Agreement (Del Global Technologies Corp)
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such the holder’s own behalf and for such the holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such the holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Velodyne Lidar, Inc., Tax Benefits Preservation Plan (Emcore Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockOrdinary Shares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockOrdinary Shares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockOrdinary Shares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Ace LTD), Rights Agreement (Ace LTD)
Rights of Action. All rights of action in respect of ---------------- this Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, such holder’s of his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Catellus Development Corp), Rights Agreement (Kilroy Realty Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the any Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the any Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, such holder’s of his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person (including, without limitation, the Company) subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Pep Boys Manny Moe & Jack), Rights Agreement (Pep Boys Manny Moe & Jack)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested in the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company or any other Person to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement by the Company and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreementthe Company.
Appears in 2 contracts
Samples: Rights Agreement (TruBridge, Inc.), Rights Agreement
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Briggs & Stratton Corp), Rights Agreement (Briggs & Stratton Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to before the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to before the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to before the Distribution Date, of the Common StockShares), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement Agreement, and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Autoscope Technologies Corp), Rights Agreement (Image Sensing Systems Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, except the other than rights of action that are given to vested in the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockCompany Securities); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockCompany Securities), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockCompany Securities), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Marcam Corp), Rights Agreement (Marcam Corp)
Rights of Action. All rights of action ---------------- in respect of this Rights Agreement, except the for rights of action that are given to the Rights Agent under Section 18 or Section 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s 's own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Rights Agreement. Holders of Rights shall be entitled to recover the reasonable costs and expenses, including attorneys' fees, incurred by them in any action to enforce the provisions of this Rights Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Amerco /Nv/), Rights Agreement (Amerco /Nv/)
Rights of Action. (a) All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, 19 hereof are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares of the Company); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock)and, without the consent of the Rights Agent or of the holder of any other Rights Certificate Rights, any registered holder of any Right Certificates (orand, prior to the Distribution Date, the registered holders of the Common Stock), Shares) may, in such holder’s 's own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding proceeding, judicial or otherwise, against the Company to enforce, or otherwise to act in respect of, such holder’s 's right to exercise the such Rights evidenced by such Rights Right Certificate in the manner provided in such Rights the Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Brown Tom Inc /De)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement Agreement, and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Pioneer Standard Electronics Inc)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Nisource Inc)
Rights of Action. All rights of action in respect of this Agreement, except the other than rights of action that are given to vested solely in the Rights Agent under Section 18 hereofAgent, the Board or the Company, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any Shares. Any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock)Shares may, without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common Stock)Shares, may, in on such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Epiq Systems Inc)
Rights of Action. All rights of action in respect of this Agreement, except other than the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common Stock), may, in such holder’s own behalf and for such holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Oshkosh Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Genzyme Corp)
Rights of Action. All rights of action in respect of this Rights Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Rights Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Rights Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to to, this Rights Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement. 16.
Appears in 1 contract
Samples: Rights Agreement
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, enforce or otherwise act in respect of, such holder’s 's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Grainger W W Inc)
Rights of Action. All rights of action in respect of this ---------- ------------------- Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, except the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforceenforce this Agreement, and may institute and maintain any suit, action or proceeding against the Company to enforceenforce this Agreement, or otherwise enforce or act in respect of, such holder’s of his right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder of any Person (including, without limitation, the Company) subject to to, this Agreement.
Appears in 1 contract
Samples: Stockholder Rights Agreement (Enchira Biotechnology Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his own behalf and for such holder’s his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against against, actual or threatened violations of the obligations hereunder of any Person subject to to, this Agreement.
Appears in 1 contract
Samples: Rights Agreement (Eaton Corp)
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s 's own behalf and for such holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s 's right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach by the Company of this Agreement Agreement, and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of the obligations hereunder by the Company of any Person subject to to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Stock); and any registered holder of any Rights Certificate (orand, prior to the Distribution Date, of the Common Stock), without the consent of the Rights Agent or of the registered holder of any other Rights Certificate (or, prior to the Distribution Date, of the 28 Common Stock), may, in on such first holder’s own behalf and for such first holder’s own benefit, enforce, and may institute and maintain any suit, action action, or proceeding against the Company to enforce, or otherwise act in respect of, such first holder’s right to exercise the Rights evidenced by such Rights Certificate in the manner provided in such Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the registered holders of Rights, it is specifically acknowledged that the registered holders of Rights would not have an adequate remedy at law for any breach of this Agreement by the Company and shall be entitled to specific performance of the obligations hereunder and injunctive relief against actual or threatened violations by the company of the its obligations hereunder of any Person subject to this Agreementhereunder.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, except excepting the rights of action that are given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Rights Right Certificates (and, prior to the Distribution Date, the registered holders of the Common StockShares); , and any registered holder of any Rights Right Certificate (or, prior to the Distribution Date, of the Common StockShares), without the consent of the Rights Agent or of the holder of any other Rights Certificate Right Certificates (or, prior to the Distribution Date, of the Common StockShares), may, in such holder’s his or her own behalf and for such holder’s his or her own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, such holder’s his or her right to exercise the Rights evidenced by such Rights Right Certificate in the manner provided in such Rights Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and shall will be entitled to specific performance of the obligations hereunder under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to this Agreement.
Appears in 1 contract
