Acquisition of Controlling Interest. Any person or entity (other than persons who are employees at any time more than one year before a transaction) becomes the beneficial owner, directly or indirectly, of securities of the Company representing 50% or more of the combined voting power of the Company’s then outstanding securities. In applying the preceding sentence, (I) securities acquired from the Company by or for the person or entity shall not be taken into account, and (II) an agreement to vote securities shall be disregarded unless its ultimate purpose is to cause what would otherwise be a Change in Control, as reasonably determined by the Board.
Appears in 5 contracts
Samples: Executive Employment Agreement (Telx Group, Inc.), Executive Employment Agreement (Telx Group, Inc.), Executive Employment Agreement (Telx Group, Inc.)
Acquisition of Controlling Interest. Any person or entity Person (other than persons Persons who are employees Employees at any time more than one year before a transaction) becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Company representing 50% or more of the combined voting power of the Company’s 's then outstanding securities. In applying the preceding sentence, (Ii) securities acquired directly from the Company or its Affiliates by or for the person or entity Person shall not be taken into account, and (IIii) an agreement to vote securities shall be disregarded unless its ultimate purpose is to cause what would otherwise be a Change in of Control, as reasonably determined by the Board.
Appears in 4 contracts
Samples: Executive Employment Agreement (Centerline Holding Co), Executive Employment Agreement (Centerline Holding Co), Executive Employment Agreement (Centerline Holding Co)
Acquisition of Controlling Interest. Any person or entity Person (other than persons Persons who are employees Employees at any time more than one year before a transaction) becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Company representing 50% or more of the combined voting power of the Company’s then outstanding securities. In applying the preceding sentence, (Ii) securities acquired directly from the Company or its Affiliates by or for the person or entity Person shall not be taken into account, and (IIii) an agreement to vote securities shall be disregarded unless its ultimate purpose is to cause what would otherwise be a Change in of Control, as reasonably determined by the Board.
Appears in 2 contracts
Samples: Stock Option Award Agreement (Vapotherm Inc), Executive Employment Agreement (Centerline Holding Co)
