Determination of Percentage Ownership. The percentage of Shares Beneficially Owned by any Person, shall, for the purposes of this Agreement, be and be deemed to be the product (expressed as a percentage) determined by the formula: where: 100 x A B A = the aggregate number of votes for the election of all directors generally attaching to the Shares Beneficially Owned by such Person; and B = the aggregate number of votes for the election of all directors generally attaching to all outstanding Shares. Where any Person is deemed to Beneficially Own unissued Shares pursuant to Section 1.1(e), such Shares shall be deemed to be outstanding for the purpose of both A and B in the formula above for such Person, but no other unissued Shares shall, for the purposes of this calculation, be deemed to be outstanding.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Determination of Percentage Ownership. β The percentage of Common Shares Beneficially Owned by any Person, shall, for the purposes of this Agreement, be and be deemed to be the product (expressed as a percentage) determined by the formula: where: 100 x A B where: A = the aggregate number of votes for the election of all directors generally attaching to the Common Shares Beneficially Owned by such Person; and B = the aggregate number of votes for the election of all directors generally attaching to all outstanding Common Shares. Where any Person is deemed to Beneficially Own unissued Common Shares pursuant to Section 1.1(eSubsection 1.1(d), such Common Shares shall be deemed to be outstanding for the purpose of both A and B in the formula above for such Person, person but no other unissued Shares Common Shares, shall, for the purposes of this calculation, be deemed to be outstanding.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Determination of Percentage Ownership. The percentage of Common Shares Beneficially Owned by any Person, shall, for the purposes of this Agreement, be and be deemed to be the product (expressed as a percentage) determined by the formula: where: 100 x A B where: A = the aggregate number of votes for the election of all directors generally attaching to the Common Shares Beneficially Owned by such Person; and B = the aggregate number of votes for the election of all directors generally attaching to all outstanding Common Shares. Where any Person is deemed to Beneficially Own unissued Common Shares pursuant to Section 1.1(eSubsection 1.1(d), such Common Shares shall be deemed to be outstanding for the purpose of both A and B in the formula above for such Person, person but no other unissued Shares Common Shares, shall, for the purposes of this calculation, be deemed to be outstanding.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement