Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 44 contracts
Sources: Rights Agreement (Vulcan Materials Co), Rights Agent Agreement (Community Bancshares Inc /De/), Rights Agreement (Peabody Energy Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 37 contracts
Sources: Rights Agreement (Terran Orbital Corp), Rights Agreement (Terran Orbital Corp), Rights Agreement
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 28 contracts
Sources: Rights Agreement (Adc Telecommunications Inc), Rights Agreement (Borg Warner Automotive Inc), Rights Agreement (Enzon Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting 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 Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 25 contracts
Sources: 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, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 23 contracts
Sources: Preferred Shares Rights Agreement (Phoenix Technologies LTD), Preferred Shares Rights Agreement (Applied Imaging Corp), Preferred Shares Rights Agreement (International Network Services)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 23 contracts
Sources: Stockholders Rights Agreement (Navios Maritime Holdings Inc.), Stockholders Rights Agreement (Oceanfreight Inc.), Stockholders Rights Agreement (Ocean Rig UDW Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Separation Date, the registered holders of the any certificate representing Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Separation Date, of the any other certificate representing Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Separation Date, of the Common 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 15 contracts
Sources: Rights Agreement (Orthologic Corp), Rights Agreement (Orthologic Corp), Rights Agreement (Loehmanns Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 Agreement, Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Rights Agreement.
Appears in 11 contracts
Sources: Rights Agreement (ASTROTECH Corp), Rights Agreement, Rights Agreement (Xerium Technologies Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 10 contracts
Sources: Preferred Stock Rights Agreement (Bea Systems Inc), Preferred Stock Rights Agreement (Palm Inc), Preferred Stock Rights Agreement (Musicmaker Com Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares)) may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 10 contracts
Sources: Rights Agreement (Integrated Device Technology Inc), Rights Agreement (Integrated Systems Inc), Rights Agreement (Large Scale Biology Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under Section 18 hereofpursuant to the terms of this Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 9 contracts
Sources: Tax Benefit Rights Agreement (Mma Capital Management, LLC), Section 382 Rights Agreement (Winland Electronics Inc), Section 382 Rights Agreement (Broadwind Energy, Inc.)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 Agreement, Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Rights Agreement.
Appears in 8 contracts
Sources: Rights Agreement (Caremark Rx Inc), Rights Agreement (Covansys Corp), Rights Agreement (Omnicare Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (orand, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the registered holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), may, in on such first holder's ’s own behalf and for such first holder's ’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 ’s right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right 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, Agreement and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 8 contracts
Sources: Rights Agreement (Endeavor Ip, Inc.), Rights Agreement (Atossa Genetics Inc), Rights Agreement (Atossa Genetics Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 7 contracts
Sources: Rights Agreement (Northern Trust Corp), Shareholder Rights Agreement (Immucor Inc), Rights Agreement (Franklin Electric Co Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 6 contracts
Sources: Rights Agreement (Core Molding Technologies Inc), Tax Benefits Preservation Plan (Acacia Research Corp), Rights Agreement (Universal Technical Institute Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Voting Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Voting Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Voting 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 or a Principal Party to enforce, or otherwise act in respect of, such holder's his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 6 contracts
Sources: Rights Agreement (Orient Express Hotels LTD), Rights Agreement (Orient Express Hotels LTD), Rights Agreement (Orient Express Hotels LTD)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 6 contracts
Sources: Rights Agreement (Mgic Investment Corp), Rights Agreement (Mgic Investment Corp), Rights Agreement (Polaris Industries Inc/Mn)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreementthe Company.
Appears in 6 contracts
Sources: Rights Agreement (Talos Energy Inc.), Rights Agreement (Talos Energy Inc.), Rights Agreement
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock of the Company); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock of the Company), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock of the 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 6 contracts
Sources: Rights Agreement (Five Star Quality Care Inc), Renewal Rights Agreement (Enterprise Bancorp Inc /Ma/), Rights Agreement (Enterprise Bancorp Inc /Ma/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 5 contracts
Sources: Rights Agreement (Meadowbrook Insurance Group Inc), Rights Agreement (Theratx Inc /De/), Preferred Shares Rights Agreement (Corvel Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 5 contracts
Sources: Rights Agreement (Resolute Energy Corp), Rights Agreement (Red Robin Gourmet Burgers Inc), Rights Agreement (Mines Management Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company Corporation to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 5 contracts
Sources: Rights Agreement (Obagi Medical Products, Inc.), Rights Agreement (Gtsi Corp), Rights Agreement (Pac-West Telecomm Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 5 contracts
Sources: Rights Agreement (Airgas Inc), Rights Agreement (Tii Industries Inc), Rights Agreement (Penn Virginia Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting except 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 Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 by the Company and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, this Agreementthe Company.
Appears in 4 contracts
Sources: Tax Benefits Preservation Plan (Ascena Retail Group, Inc.), Preferred Stock Rights Agreement, Preferred Stock Rights Agreement (Vivus Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 4 contracts
Sources: Rights Agreement (Showbiz Pizza Time Inc), Rights Agreement (Walden Residential Properties Inc), Rights Agreement (Agree Realty Corp)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 4 contracts
Sources: Rights Agreement (Mw Holding Corp), Rights Agent Agreement (Colgate Palmolive Co), Rights Agreement (Osi Systems Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 4 contracts
Sources: Rights Plan Agreement (Woodward Governor Co), Rights Agreement (Marquette Electronics Inc), Rights Plan Agreement (Winnebago Industries Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action 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 Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 4 contracts
Sources: Renewed Rights Agreement (Bentley Pharmaceuticals Inc), Rights Agreement (Bentley Pharmaceuticals Inc), Renewed Rights Agreement (Bentley Pharmaceuticals Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the except those rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof17 and Section 19, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, the shares of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, any shares of the Common SharesStock), 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 or any other Person to enforce, or otherwise act in respect of, such holder's its right to exercise the Rights evidenced by such the Right Certificate in the manner provided in such 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 AgreementAgreement by the Company and, and accordingly, that they will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, the Company under this Agreement.
Appears in 4 contracts
Sources: Section 382 Tax Benefits Preservation Plan (Emcore Corp), Tax Benefits Preservation Plan (Immersion Corp), Tax Benefits Preservation Plan (Immersion Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting except 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 Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 4 contracts
Sources: Section 382 Rights Agreement (Cohen & Co Inc.), Section 382 Rights Agreement (Institutional Financial Markets, Inc.), Section 382 Rights Agreement (Institutional Financial Markets, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Sources: Rights Agreement (Sandisk Corp), Rights Agreement (Ultratech Stepper Inc), Rights Agreement (Sandisk Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Comp and to enforce, or otherwise act in respect of, such holder's his or her right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right 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 of law for any breach of this Agreement, Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Sources: Rights Agreement (Asure Software Inc), Rights Agreement (Asure Software Inc), Rights Agreement (Asure Software Inc)
Rights of Action. All rights of action in respect of to this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 ofto, such holder's right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Sources: Rights Agreement (Pharmacyclics Inc), Rights Agreement (Pharmacyclics Inc), Rights Agreement (Idec Pharmaceuticals Corp / De)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the 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 right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 3 contracts
Sources: Rights Agreement (Prima Energy Corp), Rights Agreement (Ilex Oncology Inc), Rights Agreement (Uti Energy Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under hereunder, including Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 3 contracts
Sources: Rights Agreement (Huttig Building Products Inc), Rights Agreement (Hudson Global, Inc.), Rights Agreement (Hudson Global, Inc.)
Rights of Action. All rights of action in respect of this Agreement, ---------------- excepting the rights of action given to the Rights Agent under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 3 contracts
Sources: Preferred Shares Rights Agreement (Oratec Interventions Inc), Preferred Shares Rights Agreement (Oracle Corp /De/), Preferred Shares Rights Agreement (Durect Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Preferred Shares Rights Agreement (Corvel Corp), Preferred Shares Rights Agreement (Corvel Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in such holder's own behalf and for such holder's own benefit, enforce, 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Software Publishing Corp Holdings Inc), Rights Agreement (Software Publishing Corp Holdings Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Willamette Industries Inc), Stockholder Rights Agreement (Greenbrier Companies Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares)) may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Large Scale Biology Corp), Rights Agreement (Intuit Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, Agreement are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares and the registered holders of the Class B Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of any of the Common Shares and/or Class B Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of any of the Common Shares and/or Class B 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Chindex International Inc), Rights Agreement (Chindex International Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the shares of Common Shares)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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Perma Fix Environmental Services Inc), Renewed Rights Agreement (LSB Industries Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Gaylord Entertainment Co /De), Rights Agreement (Gaylord Entertainment Co /De)
Rights of Action. All rights of action in respect of this Agreement, excepting 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 Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, any registered holder of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Sources: Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.), Section 382 Rights Agreement (Enzon Pharmaceuticals, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to vested in the Rights Agent under pursuant to Section 18 hereofof this Agreement, are vested in the respective registered holders of the Right Certificates Rights (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such this Agreement or in any Right Certificate and in this Agreementof which such holder is the registered holder. 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement, Rights Agreement (3d Systems Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Corn Products International Inc), Rights Agreement (Corn Products International Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (WTD Industries Inc), Rights Agreement (Ostex International Inc /Wa/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the any share of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the any other holder of shares of Common SharesStock), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Teleflex Inc), Rights Agreement (Osi Pharmaceuticals Inc)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Rights Certificate in the manner provided in such Right 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 Agreement, Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 2 contracts
Sources: Preferred Shares Rights Agreement (Cyberonics Inc), Preferred Shares Rights Agreement (Vivus Inc)
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Otter Tail Power Co), Rights Agreement (Efunds Corp)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under Section in Sections 18 and 20 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 Agreement, Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 2 contracts
Sources: Rights Agreement (GigOptix, Inc.), Rights Agreement (GigOptix, Inc.)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Hercules Inc), Rights Agreement (Capital Gold Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (PHH Corp), Rights Agreement (PHH Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesShares of the Company); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the Company), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesShares of the 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.of
Appears in 2 contracts
Sources: Rights Agreement (Inamed Corp), Rights Agreement (Inamed Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Sandisk Corp), Rights Agreement (Sandisk Corp)
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Journal Register Co), Rights Agreement (Us Bancorp \De\)
Rights of Action. All rights of action in respect of this Agreement, excepting except the rights of action 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 Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesEligible Stock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesEligible Stock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesEligible 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 Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations hereunder of any Person subject to, to this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Xm Satellite Radio Holdings Inc), Rights Agreement (Regent Communications Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the certificates representing Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the any certificate representing Common SharesStock), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations by the Company of the obligations of of, any Person subject to, to this Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Interline Brands, Inc./De), Rights Agreement (Houston Wire & Cable CO)
Rights of Action. All rights of action in respect of this Rights Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), 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 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 Right Certificate in the manner provided in such 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 Agreement, Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Rights Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Sheervision, Inc.), Rights Agreement (Synovics Pharmaceuticals)
Rights of Action. All rights of action in respect ---------------- of this Rights Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Certificate in the manner provided in such 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 Agreement, Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 2 contracts
Sources: Rights Agreement (Wet Seal Inc), Rights Agreement (Wet Seal Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the 28 Distribution Date, of the Common Shares), 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 Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Preferred Shares Rights Agreement (Endosonics Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); , and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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, of such holder's right to exercise the Rights evidenced by such Right Certificate Certificate, in the manner provided in such 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 they will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Lear Corp /De/)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), 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 Right Certificate in the manner provided in such 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 AgreementAgreement by the Company, and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations by the Company of the its obligations of any Person subject to, this Agreementhereunder.
Appears in 1 contract
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Rights Certificate in the manner provided in such Right 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 may not have an adequate remedy at law for any breach of this Agreement, Agreement and will be entitled to seek specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Preferred Shares Rights Agreement (Data Critical Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations under, and injunctive relief against (in either case, without the posting of bond or other security), actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Dolan Media CO)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, Date of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, or prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Ordinary Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Ordinary Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Ordinary 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 against the Company to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Mallinckrodt PLC)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock in respect of which Rights have been issued); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the such Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the such Common SharesStock), 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 right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Efunds Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without With- out 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Hercules Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under Section 18 hereofpursuant to the terms of this Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution DateTime, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution DateTime, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution DateTime, of the Common SharesStock), 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 or any other Person to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right 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 by the Company and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, this Agreementthe Company.
Appears in 1 contract
Sources: Rights Agreement (Trecora Resources)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent hereunder, including under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any . Any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Baxalta Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.. 28
Appears in 1 contract
Sources: Rights Agreement
Rights of Action. (a) All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofhereunder, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, ; of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Us Bancorp \De\)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent (including under Section 18 and Section 20 hereof), are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (and, 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 Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), may, in on such first holder's ’s own behalf and for such first holder's ’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 ’s right to exercise the Rights evidenced by such Right Rights Certificate in the manner provided in such Right 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, Agreement by the Company and will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations by the Company of the its obligations of any Person subject to, this Agreementhereunder.
Appears in 1 contract
Sources: Rights Agreement (Fluor Corp)
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate Certificates (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); , and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 Agreement, Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Rights Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action expressly given to the Rights Agent under Section 18 hereofthis Agreement, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under Section 18 hereofpursuant to the terms of this Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Corporation to enforce, or otherwise act in respect of, such holder's ’s right to exercise the Rights evidenced represented by such Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Starwood Hotel & Resorts Worldwide Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Company's Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Company's Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Company's Common 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the except those rights of action given to vested in the Rights Agent under Section 18 hereofpursuant to Sections 17 and 19, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, the shares of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, any shares of the Common SharesStock), may, in such holder's on 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 or any other Person to enforce, or otherwise act in respect of, such holder's its right to exercise the Rights evidenced by such the Right Certificate in the manner provided in such 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 AgreementAgreement and, and accordingly, that they will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Tax Benefits Preservation Plan (Alaska Communications Systems Group Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares)) may, without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 and Section 20 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in such holder's his or her own behalf and for such holder's his or 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 or her right to exercise the Rights evidenced by such Right Certificate or Common Share certificate in the manner provided in such 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 will shall be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Sci Systems Inc)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofhereunder , are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Delta Holdco Corp)
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereofof this Agreement, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Preferred Shares Rights Agreement (Preview Travel Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the other than rights of action given to vested in the Rights Agent under pursuant to Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares)Stock) and, where applicable, the Company; and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Corporation to enforce, or otherwise act in respect of, such holder's right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Graham Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without With- out 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this ---------------- Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the shares of Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the shares of Common SharesStock), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of ---------------- this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations underhereunder, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Rights Agreement (P-Com Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Ordinary Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Ordinary Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Ordinary Shares), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of ----------------- this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Rights Agreement, excepting except the rights of action given to the Rights Agent under in Section 18 and 20 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of record of the Common SharesCapital Stock); and any registered holder of record of any Right Certificate (or, prior to the Distribution Date, of the Common SharesCapital Stock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common SharesCapital 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 Right Certificate in the manner provided in such 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 Agreement, Rights Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Rights Agreement.
Appears in 1 contract
Sources: Rights Agreement (Iparty Corp)
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 16 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common Shares), 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 Right Rights Certificate in the manner provided in such Right 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of of, the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to the Rights Agent under Section 18 18. and Section 20. hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Shareholder Rights Agreement
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the any share of Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the any other holder of shares of Common SharesStock), 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 Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.holders
Appears in 1 contract
Rights of Action. All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof18, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the holder of any Common Shares), may, may in such holder's ’s own behalf and for such holder's ’s 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 ’s right to exercise the Rights evidenced by such Right Certificate in the manner provided in such 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 will be entitled to specific performance of the obligations underunder this Agreement, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, to this Agreement.
Appears in 1 contract
Sources: Rights Agreement (Dollar Thrifty Automotive Group Inc)
Rights of Action. All rights of action in respect of this Agreement, excepting other than the rights of action given to the Rights Agent under Section Sections 18 and 20 hereof, are vested in the respective registered holders of the Right Rights Certificates (and, prior to the Distribution Date, the registered holders of the Common SharesStock); and any registered holder of any Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), without the consent of the Rights Agent or of the holder of any other Right Rights Certificate (or, prior to the Distribution Date, of the Common SharesStock), 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 Right Rights Certificate in the manner provided in such Right Rights Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of 26 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 will shall be entitled to specific performance of the obligations under, hereunder and injunctive relief against actual or threatened violations of the obligations hereunder of any Person subject to, to this Agreement.
Appears in 1 contract