Common use of Effective Change of Control Clause in Contracts

Effective Change of Control. If the Company does not qualify under Subparagraph (i), above, then it may still meet the definition of Change of Control, on the date that either: (1) Any one person, or more than one person, acting as a group acquires (or has acquired during the twelve (12) month period ending on the date of the most recent acquisition by such person or persons) ownership of stock of Company possessing thirty percent (30%) or more of the total voting power of the stock of Company; or (2) A majority of the numbers of the Company’s board of directors are replaced during any 12-month period by directors whose appointment or election is not endorsed by a majority of the members of the Company’s board of directors prior to the date of the appointment or election.

Effective Change of Control. If the Company does not qualify under Subparagraph (i), above, then it may still meet the definition of Change of Control, on the date that either: (1) Any one person, or more than one person, acting as a group acquires (or has acquired during the twelve (12) month period ending on the date of the most recent acquisition by such person or persons) ownership of stock of Company possessing thirty percent (30%) or more of the total voting power of the stock of Company; or (2) A majority of the numbers of the Company’s 's board of directors are replaced during any 12-month period by directors whose appointment or election is not endorsed by a majority of the members of the Company’s 's board of directors prior to the date of the appointment or election.

Effective Change of Control. If the Company does not qualify under Subparagraph paragraph (i), x) above, then it may still meet the definition of Change of Control, Control on the date that either: (1) Any any one person, or more than one person, acting as a group acquires (or has acquired during the twelve (12) month 12)-month period ending on the date of the most recent acquisition by such person or persons) ownership of stock of the Company possessing thirty percent (30%) or more of the total voting power of the stock of the Company; or (2) A a majority of the numbers members of the Company’s board of directors Board are replaced during any 12-month twelve (12)-month period by directors whose appointment or election is not endorsed by a majority of the members of the Company’s board of directors Board prior to the date of the appointment or election.; or

Effective Change of Control. If the Company does not qualify under Subparagraph (i), above, then it may still meet the definition of Change of Control, on the date that either: (1) Any one person, or more than one person, acting as a group acquires (or has acquired during the twelve (12) month period ending on the date of the most recent acquisition by such person or persons) ownership of stock of Company possessing thirty percent (30%) or more of the total voting power of the stock of Company; or (2) A majority of the numbers of the Company’s board of directors Board are replaced during any 12-month period by directors whose appointment or election is not endorsed by a majority of the members of the Company’s board of directors Board prior to the date of the appointment or election.