Common use of Acquisition of Stock by Third Party Clause in Contracts

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 123 contracts

Samples: Officer Indemnification Agreement (Kopin Corp), Indemnification Agreement (Standard Biotools Inc.), Indemnification Agreement (Incannex Healthcare LTD)

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Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 83 contracts

Samples: Indemnification Agreement (OnKure Therapeutics, Inc.), Indemnification Agreement (Adagio Medical Holdings, Inc.), Indemnification Agreement (Aja Holdco, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 54 contracts

Samples: Indemnification Agreement (Linkhome Holdings Inc.), Indemnification Agreement (Inhibrx Biosciences, Inc.), Indemnification Agreement (United Rentals North America Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative beneficial ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 49 contracts

Samples: Indemnification and Advancement Agreement (Ceribell, Inc.), Indemnification and Advancement Agreement (Montana Technologies Corp.), Form of Indemnification Agreement (TruGolf Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 44 contracts

Samples: Indemnification Agreement (Akoustis Technologies, Inc.), Director Retainer Agreement (King Resources, Inc.), Indemnification Agreement (NetApp, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 27 contracts

Samples: Indemnification Agreement (Cue Biopharma, Inc.), Indemnification Agreement (Cue Biopharma, Inc.), Indemnification Agreement (ENDRA Life Sciences Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen percent (15%) 50% or more of the combined voting power of the Company’s then outstanding securities;

Appears in 25 contracts

Samples: Indemnification Agreement (Tempus AI, Inc.), Indemnification Agreement (iLearningEngines, Inc.), Indemnification Agreement (NKGen Biotech, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen percent (15%) 25% or more of the combined voting power of the Company’s then outstanding securities;

Appears in 23 contracts

Samples: Indemnity Agreement (Viridian Therapeutics, Inc.\DE), Indemnity Agreement (Conduit Pharmaceuticals Inc.), Indemnification Agreement (BioAtla, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen forty percent (1540%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 23 contracts

Samples: Indemnification Agreement (Psychemedics Corp), Indemnification Agreement (Sitio Royalties Corp.), Indemnification Agreement (Sitio Royalties Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 21 contracts

Samples: Indemnification Agreement (Philip Morris International Inc.), Indemnification Agreement (Invivyd, Inc.), Indemnification Agreement (Lexeo Therapeutics, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as such term is defined belowin Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and any rules and regulations promulgated thereunder), directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s then outstanding securitiesshares of capital stock;

Appears in 20 contracts

Samples: Employment Agreement (PLx Pharma Inc.), Employment Agreement (Dipexium Pharmaceuticals, Inc.), Employment Agreement (Dipexium Pharmaceuticals, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen twenty five percent (1525%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 17 contracts

Samples: Indemnity Agreement (Collective Audience, Inc.), Indemnity Agreement (CO2 Energy Transition Corp.), Form of Indemnity Agreement (EF Hutton Acquisition Corp I)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company an Indemnitor representing fifteen percent (15%) 50% or more of the combined voting power of the Companyan Indemnitor’s then outstanding securities;

Appears in 16 contracts

Samples: Deed of Indemnification (Kalera Public LTD Co), Kalera Public LTD Co, Kalera Public LTD Co

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen thirty-five percent (1535%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 13 contracts

Samples: Indemnification Agreement (Virpax Pharmaceuticals, Inc.), Form of Indemnification Agreement (SOS Hydration Inc.), Indemnification Agreement (Cingulate Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen more than fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 13 contracts

Samples: Indemnification Agreement (Vocodia Holdings Corp), Indemnification Agreement (Syra Health Corp), Indemnification Agreement (Accustem Sciences Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 13 contracts

Samples: Indemnification Agreement (Concentra Group Holdings Parent, Inc.), Indemnification Agreement (Flewber Global Inc.), Indemnification Agreement (Carisma Therapeutics Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) % or more of the combined voting power of the Company’s then outstanding securities;

Appears in 12 contracts

Samples: Indemnification Agreement (Alumis Inc.), Indemnification Agreement (Rubrik, Inc.), Indemnification Agreement (Carmot Therapeutics Inc.)

Acquisition of Stock by Third Party. Any Person Person, other than a Principal or a Related Party of a Principal (as each such term is defined below) ), is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 12 contracts

Samples: Indemnification Agreement (Pzena Investment Management, Inc.), Indemnification Agreement (Pzena Investment Management, Inc.), Indemnification Agreement (Pzena Investment Management, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 11 contracts

Samples: Indemnity Agreement (Carriage Services Inc), Indemnity Agreement (Carriage Services Inc), Indemnity Agreement (Mentor Graphics Corp)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen twenty five percent (1525%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 11 contracts

Samples: Indemnification Agreement (Intercont (Cayman) LTD), Indemnification Agreement (Creative Global Technology Holdings LTD), Indemnification Agreement (NGM Biopharmaceuticals Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) (who is not such on or prior to the date of this Agreement) becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen thirty-five percent (1535%) or more of the combined voting power of the Company’s 's then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company's securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 10 contracts

Samples: Indemnity Agreement (Skillsoft Corp.), Indemnity Agreement (Skillsoft Corp.), Indemnity Agreement (Skillsoft Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen twenty five percent (1525%) or more of the combined voting power of the Company’s then outstanding securitiessecurities (excluding any changes in the voting power solely resulting from any conversion of Class B Common Stock into Class A Common Stock);

Appears in 10 contracts

Samples: Indemnity Agreement (Squarespace, Inc.), Indemnity Agreement (Principia Biopharma Inc.), Indemnity Agreement (Docusign Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen thirty percent (1530%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 9 contracts

Samples: Indemnification Agreement (XL Fleet Corp.), Indemnification Agreement, Indemnity Agreement

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen twenty-five percent (1525%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 9 contracts

Samples: Indemnification Agreement (Hawaiian Holdings Inc), Indemnification Agreement (Hawaiian Holdings Inc), Indemnification Agreement (Us Ecology, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) 50% or more of the combined voting power of the Company’s then outstanding securities;

Appears in 9 contracts

Samples: Indemnification Agreement (EBR Systems, Inc.), Indemnification Agreement (Phoenix Motor Inc.), Indemnification Agreement (Nerdwallet, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen thirty-five percent (1535%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative beneficial ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 8 contracts

Samples: Indemnification and Advancement Agreement (PishPosh, Inc.), Indemnification and Advancement Agreement (PishPosh, Inc.), Employment Agreement (Better Choice Co Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 8 contracts

Samples: Indemnification Agreement (Prometheus Laboratories Inc), Indemnification Agreement (Basin Water, Inc.), Indemnification Agreement (Orexigen Therapeutics, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen thirty five percent (1535%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 7 contracts

Samples: Indemnification Agreement (Quest Patent Research Corp), Indemnification Agreement (Kala Pharmaceuticals, Inc.), Indemnification Agreement (Quest Patent Research Corp)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen thirty percent (1530%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 7 contracts

Samples: Indemnification Agreement (Venture Lending & Leasing V, Inc.), Indemnification Agreement (Stamford Industrial Group, Inc.), Indemnification Agreement (Venture Lending & Leasing Iv Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen forty percent (1540%) or more of the combined voting power of the Company’s then then-outstanding securities;

Appears in 7 contracts

Samples: Indemnification Agreement (GHL Acquisition Corp.), Indemnification Agreement (Leopard Acquisition Corp.), Form of Indemnification Agreement (HCM Acquisition CO)

Acquisition of Stock by Third Party. Any Person (as defined below) ), other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen percent fifty (1550%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 6 contracts

Samples: Indemnification Agreement (Lightwave Logic, Inc.), Indemnification Agreement (Lightwave Logic, Inc.), Indemnification Agreement (Ominto, Inc.)

Acquisition of Stock by Third Party. Any Unless explicitly approved by the Incumbent Board (as defined below), any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company Corporation representing fifteen percent (15%) 20% or more of the combined voting power of the Company’s Corporation's then outstanding securities;

Appears in 6 contracts

Samples: Indemnification Agreement (Life Storage Lp), Indemnification Agreement (Sovran Self Storage Inc), Indemnification Agreement (Sovran Self Storage Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen forty-five percent (1545%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 6 contracts

Samples: Employment Agreement (Knightscope, Inc.), Employment Agreement (Knightscope, Inc.), Employment Agreement (Knightscope, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative beneficial ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 6 contracts

Samples: Indemnification and Advancement Agreement (Job Aire Group Inc.), Indemnification and Advancement Agreement (Job Aire Group Inc.), Indemnification and Advancement Agreement (Job Aire Group Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen thirty percent (1530%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 5 contracts

Samples: Indemnification Agreement (Nextgen Healthcare, Inc.), Indemnification Agreement (SportsTek Acquisition Corp.), Indemnification Agreement (SportsTek Acquisition Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) 50% or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 5 contracts

Samples: Indemnification Agreement (Paratek Pharmaceuticals, Inc.), Indemnification Agreement (Tetralogic Pharmaceuticals Corp), Indemnification Agreement (Paratek Pharmaceuticals, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 5 contracts

Samples: Indemnification Agreement (Pulmonx Corp), Indemnification Agreement (Fastly, Inc.), Indemnification Agreement (PhaseBio Pharmaceuticals Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen thirty-five percent (1535%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 5 contracts

Samples: Indemnification Agreement (PaxMedica, Inc.), Indemnification Agreement (Adgero Biopharmaceuticals Holdings, Inc.), Indemnification Agreement (Corbus Pharmaceuticals Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing [fifteen percent (15%) )] or more of the combined voting power of the Company’s then outstanding securities;

Appears in 5 contracts

Samples: Indemnification Agreement (Genelux Corp), Indemnification Agreement, Form of Indemnification Agreement (Cortina Systems Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 5 contracts

Samples: Indemnification Agreement (Websidestory Inc), Indemnification Agreement (Gen Probe Inc), Indemnification Agreement (Santarus Inc)

Acquisition of Stock by Third Party. Any Person (as defined belowhereinafter defined) is or becomes the Beneficial Owner (as defined belowhereinafter defined), directly or indirectly, of securities of the Company Corporation representing fifteen percent forty (1540%) percent or more of the combined voting power of the CompanyCorporation’s then outstanding securitiessecurities and such Person initiates actions to cause the Corporation to enter into a transaction or series of transactions with such Person or a third party without the prior consent or request of the Board of Directors;

Appears in 5 contracts

Samples: Employment Agreement (Hi Tech Pharmacal Co Inc), Employment Agreement (Hi Tech Pharmacal Co Inc), Employment Agreement (Hi Tech Pharmacal Co Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or below becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 4 contracts

Samples: Indemnification Agreement (Arcturus Therapeutics Holdings Inc.), Indemnification Agreement (Immunic, Inc.), Indemnification Agreement (Akebia Therapeutics, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen [fifty percent (1550%) )] or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 4 contracts

Samples: Indemnification Agreement (Cue Health Inc.), Indemnification Agreement (Akouos, Inc.), Indemnification Agreement (IMARA Inc.)

Acquisition of Stock by Third Party. Any Unless explicitly approved by the Incumbent Board (as defined below), any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company Corporation representing fifteen percent (15%) 20% or more of the combined voting power of the CompanyCorporation’s then outstanding securities;

Appears in 4 contracts

Samples: Indemnification Agreement (Life Storage Lp), Indemnification Agreement (Computer Task Group Inc), Indemnification Agreement (National Fuel Gas Co)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen twenty five percent (1525%) or more of the combined voting power of the Company’s then outstanding securitiessecurities ;

Appears in 4 contracts

Samples: Indemnity Agreement (Rexahn Pharmaceuticals, Inc.), Indemnity Agreement (Avadim Health, Inc.), Indemnity Agreement (Progyny, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities; provided, that any acquisition that occurs as a result of any transaction that has been approved by a majority of the Company’s board of directors shall be excluded from the definition of Change in Control;

Appears in 4 contracts

Samples: Indemnification Agreement (Sushi Ginza Onodera, Inc.), Indemnification Agreement (HeartCore Enterprises, Inc.), Indemnification Agreement (Sustainable Green Team, Ltd.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen twenty-five percent (1525%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 4 contracts

Samples: Rudolph Technologies (Rudolph Technologies Inc), Management Agreement (Rudolph Technologies Inc), Management Agreement (Rudolph Technologies Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) % or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 4 contracts

Samples: Indemnification Agreement (Annie's, Inc.), Indemnification Agreement (Sabre Industries, Inc.), Indemnification Agreement (Sabre Industries, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen more than fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 4 contracts

Samples: Indemnification Agreement (Puma Biotechnology, Inc.), Indemnification Agreement (Sorrento Therapeutics, Inc.), Indemnification Agreement (Advanced BioHealing Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing [fifteen percent (15%) )] or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 4 contracts

Samples: Indemnification Agreement, Indemnification Agreement, Indemnification Agreement

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 3 contracts

Samples: Indemnification Agreement (Storage Technology Corp), Form of Indemnification Agreement (Fisher Scientific International Inc), Form of Indemnification Agreement (Omrix Biopharmaceuticals, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing the greater of (i) fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securitiessecurities and (ii) a percentage equal to the sum of (A) the combined voting power of the Company’s securities Beneficially Owned by such Person on the date hereof plus (B) ten percent (10%);

Appears in 3 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Juno Therapeutics, Inc.), Indemnification Agreement (NanoString Technologies Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) (other than any Beneficial Owner as of the date of this Agreement) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 3 contracts

Samples: Indemnification Agreement (Airgain Inc), Indemnification Agreement (Ballast Point Brewing & Spirits, Inc.), Indemnification Agreement (Houlihan Lokey, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen twenty five percent (1525%) or more of the combined voting power of the Company’s 's then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 3 contracts

Samples: Indemnification Agreement (AgileThought, Inc.), Indemnity Agreement (BTRS Holdings Inc.), Indemnity Agreement (Natural Order Acquisition Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen twenty five percent (1525%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 3 contracts

Samples: Indemnification Agreement (Scienjoy Holding Corp), Indemnity Agreement (Oncobiologics, Inc.), Indemnity Agreement (Diadexus, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or after the date of this Agreement becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 3 contracts

Samples: Indemnification Agreement (Safe & Green Development Corp), Indemnification Agreement (Twin Vee PowerCats, Co.), Indemnification Agreement (Forza X1, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or that becomes the a Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative beneficial ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 3 contracts

Samples: Indemnification Agreement (Justworks, Inc.), Indemnification Agreement (Justworks, Inc.), Indemnification Agreement (Vita Coco Company, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen thirty-three percent (1533%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 3 contracts

Samples: Indemnification Agreement (Xtant Medical Holdings, Inc.), Indemnification Agreement (Xtant Medical Holdings, Inc.), Indemnification Agreement (Xtant Medical Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) after the date of this Agreement (who is not such on or prior to the date of this Agreement) becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen thirty-five percent (1535%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 3 contracts

Samples: Indemnification Agreement (Dermata Therapeutics, Inc.), Indemnification Agreement (Reviva Pharmaceuticals Holdings, Inc.), Indemnification Agreement (Reviva Pharmaceuticals Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen percent (15%) 50.1% or more of the combined voting power of the Company’s then outstanding securities;

Appears in 3 contracts

Samples: Employment Agreement (Zogenix, Inc.), Employment Agreement (Zogenix, Inc.), Employment Agreement (Somaxon Pharmaceuticals, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined in Section 3(c) below) is or becomes the Beneficial Owner (as defined in Section 3(d) below), directly or indirectly, of securities of the Company representing fifteen more than fifty percent (1550%) or more of the combined voting power of the Company’s then then-outstanding securities;

Appears in 3 contracts

Samples: Leadis Technology Inc, Leadis Technology Inc, Leadis Technology Inc

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Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes (in a single transaction or series of related transactions) the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative beneficial ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 3 contracts

Samples: Indemnification and Advancement Agreement (AtlasClear Holdings, Inc.), Indemnification and Advancement Agreement (Chavant Capital Acquisition Corp.), Indemnification and Advancement Agreement (InterPrivate Acquisition Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s 's then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company's securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 3 contracts

Samples: Indemnification Agreement (Bacterin International Holdings, Inc.), Indemnification Agreement (Bacterin International Holdings, Inc.), Indemnification Agreement (Bacterin International Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (BioHorizons, Inc.), Indemnification Agreement (Alphatec Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnity Agreement (Immersion Corp), Indemnification Agreement (Cryo Cell International Inc)

Acquisition of Stock by Third Party. Any Person (as defined belowhereinafter defined) is or becomes the Beneficial Owner (as defined belowhereinafter defined), directly or indirectly, of securities of the Company representing fifteen thirty percent (1530%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement (Insite Vision Inc), Indemnification Agreement (Five9, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Viasat Inc), Indemnification Agreement (Avici Systems Inc)

Acquisition of Stock by Third Party. Any Person (as defined below, but excluding any Compass Entity) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (1550%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement (Fox Factory Holding Corp), Indemnification Agreement (Fox Factory Holding Corp)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Igi Inc), Indemnification Agreement (Igi Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s 's then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company's securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement (Maxar Technologies Inc.), Indemnification Agreement (Heat Biologics, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as such term is defined belowin Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and any rules and regulations promulgated thereunder), directly or indirectly, of securities of the Company representing fifteen more than fifty-percent (1550%) or more of the combined voting power of the Company’s then outstanding securitiesshares of capital stock;

Appears in 2 contracts

Samples: Award Agreement (PLX Pharma Inc.), Award Agreement (PLX Pharma Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) ), is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securitiessecurities in a single transaction or series of related transactions;

Appears in 2 contracts

Samples: Indemnification Agreement (William Lyon Homes), Indemnification Agreement (William Lyon Homes)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Broadsoft Inc), Indemnification Agreement (Broadsoft Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities; provided that any acquisition or disposition of the Company’s securities by Jxxxx Xxxxxxxxxxx and/or his affiliates shall not be deemed to result in a Change in Control;

Appears in 2 contracts

Samples: Indemnification Agreement (Propanc Biopharma, Inc.), Indemnification Agreement (Propanc Biopharma, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen more than fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Evoke Pharma Inc), Indemnification Agreement (ChemoCentryx, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen forty percent (1540%) or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Energy Hunter Resources, Inc.), Indemnification Agreement (Blue Dolphin Energy Co)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent fifty (1550%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement (Syros Pharmaceuticals, Inc.), Indemnification Agreement (Syros Pharmaceuticals, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent thirty five (1535%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Cognizant Technology Solutions Corp)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company Corporation representing fifteen twenty percent (1520%) or more of the combined voting power of the CompanyCorporation’s then outstanding securities;

Appears in 2 contracts

Samples: Letter Agreement (Mentor Graphics Corp), Mentor Graphics Corp

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes (in a single transaction or series of related transactions) the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative beneficial ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification and Advancement Agreement (Lifesci Acquisition II Corp.), Indemnification and Advancement Agreement (New Beginnings Acquisition Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen percent (15%) 25% or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 2 contracts

Samples: Indemnity Agreement (Adynxx, Inc.), Indemnity Agreement (Aviragen Therapeutics, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) ), is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen twenty-five percent (1525%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Silvercrest Asset Management Group Inc.), Indemnification Agreement (Silvercrest Asset Management Group Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing [fifteen percent (15%) )] or more of the combined voting power of the Company’s then outstanding securitiessecurities [unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors];

Appears in 2 contracts

Samples: Indemnification Agreement, Indemnification Agreement

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power Company’s Voting Securities, unless the change in the relative Beneficial Ownership of the Company’s then securities by any Person results solely from a reduction in the aggregate number of outstanding securitiesVoting Securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Biolife Solutions Inc), Form of Indemnification Agreement (Tandem Diabetes Care Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) ), is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Highbury Financial Inc), Indemnification Agreement (Highbury Financial Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen twenty (20) percent (15%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (BCD Semiconductor Manufacturing LTD), Indemnification Agreement (Ambow Education Holding Ltd.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) % or more of the combined voting power of the Company’s 's then outstanding securities; provided, however, that any Person who is a Beneficial Owner, directly or indirectly, of securities of the Company representing 15% or more of the combined voting power on the date hereof shall not be deemed to trigger a Change of Control within the meaning of this definition;

Appears in 2 contracts

Samples: Indemnification Agreement (Gp Strategies Corp), Indemnification Agreement (National Patent Development Corp)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen percent (15%) % or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (POINT Biopharma Global Inc.), Indemnification Agreement

Acquisition of Stock by Third Party. Any Person (as defined below) who is or becomes the Beneficial Owner (also as defined below), directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnity Agreement (Fresh Tracks Therapeutics, Inc.), Indemnity Agreement (Brickell Biotech, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below)Owner, directly or indirectly, of securities of the Company representing fifteen percent (15%) 50% or more of the combined voting power of the Company’s 's then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Allegiant Travel CO), Indemnification Agreement (Allegiant Travel CO)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen [thirty percent (1530%) )] or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Arista Networks, Inc.), Indemnification Agreement (A10 Networks, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen twenty percent (1520%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Advance Holdings, LLC), Indemnification Agreement (Domo, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) % or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative beneficial ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification and Advancement Agreement (Ortho Clinical Diagnostics Holdings PLC)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen more than fifty percent (1550%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Form of Indemnification Agreement (Arbolada Capital Management Co)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) % or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Indemnification Agreement (API Technologies Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securitiessecurities (excluding any Person who is the Beneficial Owner, directly or indirectly, of 15% or more of the combined voting power of the Company’s outstanding securities as of the execution of this Agreement);

Appears in 1 contract

Samples: Indemnification Agreement (Akerna Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined belowabove), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securities;of

Appears in 1 contract

Samples: Indemnity Agreement (Infraredx Inc)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen twenty-five percent (1525%) or more of the combined voting power of the Company’s then outstanding securities;securities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors; ​

Appears in 1 contract

Samples: Indemnification Agreement (Ecolab Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the (other than any Beneficial Owner (as defined below)) as of the date of this Agreement) is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Form of Indemnification Agreement (ProPetro Holding Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent twenty-five (1525%) or more of the combined voting power of the Company’s then outstanding securitiessecurities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (Leap Wireless International Inc)

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