Common use of Determination of Percentage Ownership Clause in Contracts

Determination of Percentage Ownership. For purposes of this Agreement, the percentage of Voting Shares Beneficially Owned by any Person at any time shall be and be deemed to be the product determined by the formula: 100 x A B where: A = the number of votes for the election of all directors generally attached to the Voting Shares Beneficially Owned by such Person at such time; and B = the number of votes for the election of all directors generally attaching to all Voting Shares actually outstanding. Where any Person is deemed to Beneficially Own unissued Voting Shares, such Voting Shares shall be deemed to be outstanding for the purpose of calculating the percentage of Voting Shares Beneficially Owned by such Person, but unissued Voting Shares which another Person may be deemed to Beneficially Own shall not be included in the denominator of the above formula.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

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Determination of Percentage Ownership. For purposes of this Agreement, the percentage of Voting Shares Beneficially Owned by any Person at any time shall be and be deemed to be the product determined by the formula: 100 x A / B where: A = the number of votes for the election of all directors generally attached to the Voting Shares Beneficially Owned by such Person at such time; and B = the number of votes for the election of all directors generally attaching attached to all Voting Shares actually outstandingoutstanding at such time. Where any Person is deemed to Beneficially Own unissued Voting Shares, such Voting Shares shall be deemed to be outstanding for the purpose of calculating the percentage of Voting Shares Beneficially Owned by such Person, but unissued Voting Shares which another Person may be deemed to Beneficially Own shall not be included in the denominator of the above formula.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (SunOpta Inc.)

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Determination of Percentage Ownership. For purposes of this Agreement, the The percentage of Voting Shares Beneficially Owned by any Person at any time shall Person, shall, for the purposes of this Agreement, be and be deemed to be the product (expressed as a percentage) determined by the formula: 100 x A B where: A = the aggregate number of votes for the election of all directors generally attached attaching to the Voting Shares Beneficially Owned by such Person at such timePerson; and B = the aggregate number of votes for the election of all directors generally attaching to all outstanding Voting Shares actually outstandingShares. Where any Person is deemed to Beneficially Own unissued Voting Shares, such Voting Shares shall be deemed to be outstanding for the purpose of calculating both A and B in the percentage of Voting Shares Beneficially Owned by formula above for such Person, but no other unissued Voting Shares which another Person may shall, for the purposes of this calculation, be deemed to Beneficially Own shall not be included in the denominator of the above formulaoutstanding.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

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