Common use of Potential Change in Control Clause in Contracts

Potential Change in Control. shall be deemed to have occurred if (i) the Corporation enters into an agreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Corporation) publicly announces an intention to take or to consider taking actions, which if consummated, would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation or a corporation owned, directly or indirectly, by the shareholders of the Corporation in substantially the same proportions as their ownership of stock of the Corporation, who is or becomes the beneficial owner, directly or indirectly, of securities of the Corporation representing 9.5% or more of the combined voting power of the Corporation’s then outstanding Voting Securities increases his or her beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; or (iv) the Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall Shall be deemed to have occurred if (i) the Corporation Company enters into an agreementagreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CorporationCompany) publicly announces an intention to take or to consider taking actions, actions which if consummated, consummated would constitute a Change in Control; (iii) any person, person (other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation Company acting in such capacity or a corporation owned, directly or indirectly, by the shareholders stockholders of the Corporation Company in substantially the same proportions as their ownership of stock of the CorporationCompany), who is or becomes the beneficial owner, directly or indirectly, of securities of the Corporation Company representing 9.510% or more of the combined voting power of the CorporationCompany’s then outstanding Voting Securities increases his or her beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; or (iv) the Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Corporation Company enters into an agreementagreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CorporationCompany) publicly announces an intention to take or to consider taking actions, actions which if consummated, consummated would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation Company acting in such capacity or a corporation owned, directly or indirectly, by the shareholders stockholders of the Corporation Company in substantially the same proportions as their ownership of stock of the CorporationCompany, who is or becomes the beneficial owner, directly or indirectly, of securities of the Corporation Company representing 9.510% or more of the combined voting power of the Corporation’s Company's then outstanding Voting Securities Securities, increases his or her beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; or (iv) the Board adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Corporation Company enters into an agreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CorporationCompany) publicly announces an intention to take or to consider taking actions, actions which if consummated, consummated would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation Company or a corporation owned, directly or indirectly, by the shareholders stockholders of the Corporation Company in substantially the same proportions as their ownership of stock of the CorporationCompany, who is or becomes the beneficial owner, directly or indirectly, of securities of the Corporation Company representing 9.5% or more of the combined voting power of the CorporationCompany’s then outstanding Voting Securities Securities, increases his or her beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; or (iv) the Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Corporation Company enters into an agreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CorporationCompany) publicly announces an intention to take or to consider taking actionsactions which, which if consummated, would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation Company or a corporation owned, directly or indirectly, by the shareholders stockholders of the Corporation Company in substantially the same proportions as their ownership of stock of the CorporationCompany, who is or becomes the beneficial owner, directly or indirectly, of securities of the Corporation Company representing 9.5% or more of the combined voting power of the CorporationCompany’s then outstanding Voting Securities Securities, increases his or her such person’s beneficial ownership of such securities by 5% five percentage points or more over the initial percentage so owned by of such person on the date hereofsecurities; or (iv) the Board of Directors of the Company adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Corporation Company enters into an agreementagreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CorporationCompany) publicly announces an intention to take or to consider taking actions, actions which if consummated, consummated would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation Company acting in such capacity or a corporation owned, directly or indirectly, by the shareholders stockholders of the Corporation Company in substantially the same proportions as their ownership of stock of the CorporationCompany, who is or becomes the beneficial owner, directly or indirectly, of securities of the Corporation Company representing 9.510% or more of the combined voting power of the CorporationCompany’s then outstanding Voting Securities Securities, increases his or her beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; hereof or (iv) the Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Corporation enters into an agreementagreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Corporation) publicly announces an intention to take or to consider taking actionsactions that, which if consummated, would constitute a Change in Control; (iii) any person, person (other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation acting in such capacity or a corporation owned, directly or indirectly, by the shareholders of the Corporation in substantially the same proportions as their ownership of stock of the Corporation), who is or becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Corporation representing 9.510% or more of the combined voting power of the Corporation’s then outstanding Voting Securities Securities, increases his or her beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; , or (iv) the Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall Shall be deemed to have occurred if (i) the Corporation enters into an agreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Corporation) publicly announces an intention to take or to consider taking actions, actions which if consummated, consummated would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation corporation or a corporation owned, directly or indirectly, by the shareholders stockholders of the Corporation in substantially the same proportions as their ownership of stock of in the Corporation, who is or becomes the beneficial owner, directly or indirectly, of securities of the Corporation representing 9.5 percent (9.5% %) or more of the combined voting power of the Corporation’s then outstanding Voting Securities Securities, increases his or her beneficial ownership of such securities by 5 percent (5% %) or more over the percentage so owned by such person on the date hereof; or (iv) the Board of Directors adopts a resolution to the effect that, for the purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Corporation Company enters into an agreementagreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CorporationCompany) publicly announces an intention to take or to consider taking actionsactions that, which if consummated, would constitute a Change in Control; (iii) any person, person (other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation Company acting in such capacity or a corporation owned, directly or indirectly, by the shareholders of the Corporation Company in substantially the same proportions as their ownership of stock of the CorporationCompany), who is or becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Corporation Company representing 9.510% or more of the combined voting power of the CorporationCompany’s then outstanding Voting Securities Securities, increases his or her their beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; , or (iv) the Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Corporation Company enters into an agreementagreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CorporationCompany) publicly announces an intention to take or to consider taking actionsactions that, which if consummated, would constitute a Change in Control; (iii) any person, person (other than a trustee or other fiduciary holding securities under an employee benefit plan of the Corporation Company acting in such capacity or a corporation owned, directly or indirectly, by the shareholders of the Corporation Company in substantially the same proportions as their ownership of stock of the CorporationCompany), who is or becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Corporation Company representing 9.510% or more of the combined voting power of the Corporation’s Company's then outstanding Voting Securities Securities, increases his or her their beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; , or (iv) the Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change in Control has occurred.