Acquiring Person. An “Acquiring Person” shall mean any person that, together with all Affiliates and Associates of such person, is the beneficial owner of 50.1% or more of the outstanding Common Stock of the Employer or its parent. The term “Acquiring Person” shall not include the Employer, its parent, any subsidiary of the Employer, any employee benefit plan of the Employer (or trust with respect thereto) or subsidiary of the Employer, or any person holding Common Stock of the Employer for or pursuant to the terms of any such plan.
Appears in 5 contracts
Samples: Employment Agreement (PMFG, Inc.), Employment Agreement (PMFG, Inc.), Employment Agreement (PMFG, Inc.)
Acquiring Person. An “"Acquiring Person” " shall mean any person that, together with all Affiliates and Associates of such person, is the beneficial owner of 50.115% or more of the outstanding Common Stock of the Employer or its parentStock. The term “"Acquiring Person” " shall not include the Employer, its parentCompany, any subsidiary of the EmployerCompany, any employee benefit plan of the Employer Company (or trust with respect thereto) or subsidiary of the EmployerCompany, or any person holding Common Stock of the Employer Company for or pursuant to the terms of any such plan, or Donald A. Sillers, Jr. or members of his immediate xxxxxx.
Appears in 5 contracts
Samples: K) Agreement (Peerless Manufacturing Co), Agreement (Peerless Manufacturing Co), Agreement (Peerless Manufacturing Co)
Acquiring Person. An “Acquiring Person” shall mean any person that, together with all Affiliates and Associates of such person, is the beneficial owner of 50.1% or more of the outstanding Common Stock of the Employer or its parentStock. The term “Acquiring Person” shall not include the Employer, its parent, any subsidiary of the Employer, any employee benefit plan of the Employer (or trust with respect thereto) or subsidiary of the Employer, or any person holding Common Stock of the Employer for or pursuant to the terms of any such plan.
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