Exercise of Rights; Exercise Price; Expiration Date of Rights. a. The Rights shall not be exercisable prior to the Distribution Date. Subject to Section 7(e) hereof, the registered holder of any Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein, including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii), Section 24(b) and Section 25(b)) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the office of the Rights Agent designated for such purpose, together with payment of the Exercise Price for the Common Shares (or other securities, cash or other assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on July 29, 2013 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 24 hereof (the "Redemption Date") or (iii) the time at which the Rights are exchanged as provided in Section 25 hereof (the "Exchange Date"); provided, however, that if the number of Rights exercised would entitle the holder thereof to receive any fraction of a Common Share greater than one-half of a share, the holder thereof shall not be entitled to exercise such Rights unless such holder concurrently purchases from the Company (and in such event the Company shall sell to such holder) an additional fraction of a Common Share at a price equal to the same fraction of the current Purchase Price which, when such fraction is added to the number of Common Shares to be received upon such exercise, will equal a whole number of Common Shares.
Appears in 2 contracts
Sources: Rights Agreement (Tasty Baking Co), Rights Agreement (Tasty Baking Co)
Exercise of Rights; Exercise Price; Expiration Date of Rights. a. The Rights shall not be exercisable prior to the Distribution Date. Subject to Section 7(e) hereof, the registered holder of any Right Certificate may exercise the Rights evidenced thereby (except as otherwise provided herein, including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii), Section 24(b) and Section 25(b)) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase on the reverse side thereof duly executed, to the Rights Agent at the office of the Rights Agent designated for such purpose, together with payment of the Exercise Price for the Common Shares (or other securities, cash or other assets, as the case may be) as to which the Rights are exercised, at or prior to the earliest of (i) the close of business on July 29February 1, 2013 2011 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 24 hereof (the "Redemption Date") or (iii) the time at which the Rights are exchanged as provided in Section 25 hereof (the "Exchange Date"); provided, however, that if the number of Rights exercised would entitle the holder thereof to receive any fraction of a Common Share greater than one-half of a share, the holder thereof shall not be entitled to exercise such Rights unless such holder concurrently purchases from the Company (and in such event the Company shall sell to such holder) an additional fraction of a Common Share at a price equal to the same fraction of the current Purchase Price which, when such fraction is added to the number of Common Shares to be received upon such exercise, will equal a whole number of Common Shares.
Appears in 1 contract
Sources: Rights Agreement (Primesource Corp)
Exercise of Rights; Exercise Price; Expiration Date of Rights. a. The Rights shall not be exercisable prior to the Distribution Date. (a) Subject to Section 7(e) hereof, the registered holder of any Right Certificate may exercise the Rights evidenced thereby hereby (except as otherwise provided herein, including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii), Section 24(b) and Section 25(b)) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Exercise Price for the Common Shares total number of one one-hundredths of a share of Preferred Stock (or other securities, cash or other assets, as the case may be) as to which the such surrendered Rights are then exercised, at or prior to the earliest earlier of (i) the close of business on July 29May 20, 2013 1999 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 24 23 hereof (the "Redemption Date") or (iii) the time at which the such Rights are exchanged as provided in Section 25 24 hereof (the earlier of (i), (ii) or (iii) being referred to as the "Exchange Expiration Date"); provided. Except as set forth in Section 7(e) hereof and notwithstanding any other provision in this Agreement, however, that if any Person who prior to the number Distribution Date becomes a record holder of Rights exercised would entitle shares of Common Stock may exercise all of the holder thereof to receive any fraction rights of a Common Share greater than one-half registered holder of a share, the holder thereof shall not be entitled to exercise such Rights unless such holder concurrently purchases from the Company (and in such event the Company shall sell to such holder) an additional fraction of a Common Share at a price equal Right Certificate with respect to the same fraction Rights associated with such shares of Common Stock in accordance with the provisions of this Agreement, as of the current Purchase Price which, when date such fraction is added to the number Person becomes a record holder of shares of Common Shares to be received upon such exercise, will equal a whole number of Common SharesStock.
Appears in 1 contract
Sources: Shareholder Rights Agreement (Little Switzerland Inc/De)
Exercise of Rights; Exercise Price; Expiration Date of Rights. a. The Rights shall not be exercisable prior to the Distribution Date. (a) Subject to Section 7(e) hereof, the registered holder of any Right Certificate may exercise the Rights evidenced thereby hereby (except as otherwise provided herein, including, without limitation, the restrictions on exercisability set forth in Section 9(c), Section 11(a)(iii), Section 24(b) and Section 25(b)) in whole or in part at any time after the Distribution Date upon surrender of the Right Certificate, with the form of election to purchase and the certificate on the reverse side thereof duly executed, to the Rights Agent at the office or offices of the Rights Agent designated for such purpose, together with payment of the aggregate Exercise Price for the Common Shares total number of one one-hundredths of a share of Preferred Stock (or other securities, cash or other assets, as the case may be) as to which the such surrendered Rights are then exercised, at or prior to the earliest earlier of (i) the close of business on July 29December 8, 2013 1999 (the "Final Expiration Date"), (ii) the time at which the Rights are redeemed as provided in Section 24 23 hereof (the "Redemption Date") or (iii) the time at which the such Rights are exchanged as provided in Section 25 24 hereof (the earlier of (i), (ii) or (iii) being referred to as the "Exchange Expiration Date"); provided. Except as set forth in Section 7(e) hereof and notwithstanding any other provision in this Agreement, however, that if any Person who prior to the number Distribution Date becomes a record holder of Rights exercised would entitle shares of Common Stock may exercise all of the holder thereof to receive any fraction rights of a Common Share greater than one-half registered holder of a share, the holder thereof shall not be entitled to exercise such Rights unless such holder concurrently purchases from the Company (and in such event the Company shall sell to such holder) an additional fraction of a Common Share at a price equal Right Certificate with respect to the same fraction Rights associated with such shares of Common Stock in accordance with the provisions of this Agreement, as of the current Purchase Price which, when date such fraction is added to the number Person becomes a record holder of shares of Common Shares to be received upon such exercise, will equal a whole number of Common SharesStock.
Appears in 1 contract
Sources: Shareholder Rights Agreement (Champps Entertainment Inc/ Ma)