Common use of Incremental Shares Clause in Contracts

Incremental Shares. If an event identified in Section 3(b)(i) occurs and as a result the Investor Group acquires Voting Securities which increase the Investor Group's percentage interest in the Voting Power to more than the Threshold Percentage (the "INCREMENTAL SHARES"), and thereafter the Triggering Person holds Voting Securities representing a percentage of the Voting Power less than the Threshold Percentage, then, upon the expiration of the Investor Group's right to dispose of the Incremental Shares as provided in Section 3(c)(ii) below, the Investor Group hereby grants to the Company or a designee selected with Disinterested Board Approval, for a period of ninety (90) days (subject to extension in the event of Investor's exercise of rights under Section 3(c)(ii) below), an option to acquire any Incremental Shares at a price equal to the price paid by the Investor Group for such shares, plus such expenses and costs reasonably necessary to acquire the Incremental Shares and incurred by the Investor Group in acquiring the Incremental Shares (including the Imputed Cost of Funds of the Investor Group of holding the Incremental Shares until acquired by the Company or such designee); provided, however, that the Investor Group shall not be obligated to sell any Voting Securities pursuant to this Section 3(c)(i) until such time as such sale would not subject the Investor Group to liability under Section 16(b) of the Exchange Act or any other applicable provision of Federal or state law.

Incremental Shares. If an event identified in Section 3(b)(i3(c)(i) occurs and as a result the Investor Group acquires Voting Securities which increase the Investor Group's percentage interest in the Actual Voting Power to more than the Threshold Percentage (the "INCREMENTAL SHARESIncremental Shares"), and thereafter the Triggering Person holds Voting Securities representing a percentage of the Total Voting Power less than the Threshold Percentage, then, upon the expiration of the Investor GroupGroup 's right to dispose of the Incremental Shares as provided in Section 3(c)(ii3(d)(ii) below, the Investor Group hereby grants to the Company or a designee selected with Disinterested Board Approval, for a period of ninety (90) days (subject to extension in the event of Investor's exercise of rights under Section 3(c)(ii3(d)(ii) below), an option to acquire any Incremental Shares at a price equal to the price paid by the Investor Group for such shares, plus such expenses and costs reasonably necessary to acquire the Incremental Shares and incurred by the Investor Group in acquiring the Incremental Shares (including the Imputed Cost of Funds of the Investor Group of holding the Incremental incremental Shares until acquired by the Company or such designee); provided, however, that the Investor Group shall not be obligated to sell any Voting Securities pursuant to this Section 3(c)(i3(d)(i) until such time as such sale would not subject the Investor Group to liability under Section 16(b) of the Exchange Act or any other applicable provision of Federal or state law.

Incremental Shares. If an event identified in Section 3(b)(i) occurs and as a result the Investor Group acquires Voting Securities which increase the Investor Group's percentage interest in the Voting Power to more than the Threshold Percentage (the "INCREMENTAL SHARESIncremental Shares"), and thereafter the Triggering Person holds Voting Securities representing a percentage of the Voting Power less than the Threshold Percentage, then, upon the expiration of the Investor Group's right to dispose of the Incremental Shares as provided in Section 3(c)(ii) below, the Investor Group hereby grants to the Company or a designee selected with Disinterested Board Approval, for a period of ninety (90) days (subject to extension in the event of Investor's exercise of rights under Section 3(c)(ii) below), an option to acquire any Incremental Shares at a price equal to the price paid by the Investor Group for such shares, plus such expenses and costs reasonably necessary to acquire the Incremental Shares and incurred by the Investor Group in acquiring the Incremental Shares (including the Imputed Cost of Funds of the Investor Group of holding the Incremental Shares until acquired by the Company or such designee); provided, however, that the Investor Group shall not be obligated to sell any Voting Securities pursuant to this Section 3(c)(i) until such time as such sale would not subject the Investor Group to liability under Section 16(b) of the Exchange Act or any other applicable provision of Federal or state law.

Incremental Shares. If an event identified in Section 3(b)(i3(c)(i) occurs and as a result the Investor Group acquires Voting Securities which increase the Investor Group's percentage interest in the Actual Voting Power to more than the Threshold Percentage (the "INCREMENTAL SHARESIncremental Shares"), and thereafter the Triggering Person holds Voting Securities representing a percentage of the Total Voting Power less than the Threshold Percentage, then, upon the expiration of the Investor Group's right to dispose of the Incremental Shares as provided in Section 3(c)(ii3(d)(ii) below, the Investor Group hereby grants to the Company or a designee selected with Disinterested Board Approval, for a period of ninety (90) days (subject to extension in the event of Investor's exercise of rights under Section 3(c)(ii3(d)(ii) below), an option to acquire any Incremental Shares at a price equal to the price paid by the Investor Group for such shares, plus such expenses and costs reasonably necessary to acquire the Incremental Shares and incurred by the Investor Group in acquiring the Incremental Shares (including the Imputed Cost of Funds of the Investor Group of holding the Incremental incremental Shares until acquired by the Company or such designee); provided, however, that the Investor Group shall not be obligated to sell any Voting Securities pursuant to this Section 3(c)(i3(d)(i) until such time as such sale would not subject the Investor Group to liability under Section 16(b) of the Exchange Act or any other applicable provision of Federal or state law.