Common use of Potential Change in Control Clause in Contracts

Potential Change in Control. shall be deemed to have occurred if (i) the Company enters into an agreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Company) 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 Company or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 9.5% or more of the combined voting power of the Company’s then outstanding Voting Securities, increases such person’s beneficial ownership of such securities by five percentage points or more over the initial percentage of such securities; 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 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 Company) publicly announces an intention to take or to consider taking actions which, 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 Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 9.510% or more of the combined voting power of the Company’s 's then outstanding Voting Securities, increases such person’s his beneficial ownership of such securities by five percentage points 5% or more over the initial percentage of so owned by such securitiesperson on the date hereof; or (iv) the Board of Directors of the Company 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 Shall be deemed to have occurred if (i) the 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 Company) publicly announces an intention to take or to consider taking actions which, 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 Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company), who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 9.510% or more of the combined voting power of the Company’s then outstanding Voting Securities, Securities increases such person’s his beneficial ownership of such securities by five percentage points 5% or more over the initial percentage of so owned by such securitiesperson on the date hereof; 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 Company enters into an agreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Company) publicly announces an intention to take or to consider taking actions which, 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 Company or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 9.5% or more of the combined voting power of the Company’s then outstanding Voting Securities, increases such person’s his beneficial ownership of such securities by five percentage points 5% or more over the initial percentage of so owned by such securitiesperson on the date hereof; 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 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 Company) publicly announces an intention to take or to consider taking actions whichthat, 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 Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders shareholders of the Company in substantially the same proportions as their ownership of stock of the Company), who is or becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Company representing 9.510% or more of the combined voting power of the Company’s then outstanding Voting Securities, increases such person’s their beneficial ownership of such securities by five percentage points 5% or more over the initial percentage of so owned by such securities; person on the date hereof, 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 Company 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 CompanyCorporation) publicly announces an intention to take or to consider taking actions whichthat, 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 Company Corporation acting in such capacity or a corporation owned, directly or indirectly, by the stockholders shareholders of the Company Corporation in substantially the same proportions as their ownership of stock of the CompanyCorporation), who is or becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Company Corporation representing 9.510% or more of the combined voting power of the CompanyCorporation’s then outstanding Voting Securities, increases such person’s his beneficial ownership of such securities by five percentage points 5% or more over the initial percentage of so owned by such securities; person on the date hereof, 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 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 Company) publicly announces an intention to take or to consider taking actions which, 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 Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 9.510% or more of the combined voting power of the Company’s then outstanding Voting Securities, increases such person’s his beneficial ownership of such securities by five percentage points 5% or more over the initial percentage of so owned by such securities; person on the date hereof 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 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 Company) publicly announces an intention to take or to consider taking actions whichthat, 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 Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders shareholders of the Company in substantially the same proportions as their ownership of stock of the Company), who is or becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Company representing 9.510% or more of the combined voting power of the Company’s 's then outstanding Voting Securities, increases such person’s their beneficial ownership of such securities by five percentage points 5% or more over the initial percentage of so owned by such securities; person on the date hereof, 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 Shall be deemed to have occurred if (i) the Company Corporation enters into an agreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CompanyCorporation) publicly announces an intention to take or to consider taking actions which, 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 Company corporation or a corporation owned, directly or indirectly, by the stockholders of the Company Corporation in substantially the same proportions as their ownership of stock of in the CompanyCorporation, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company Corporation representing 9.5 percent (9.5% %) or more of the combined voting power of the CompanyCorporation’s then outstanding Voting Securities, increases such person’s his beneficial ownership of such securities by five percentage points 5 percent (5%) or more over the initial percentage of so owned by such securitiesperson on the date hereof; or (iv) the Board of Directors of the Company 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 Company Corporation enters into an agreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CompanyCorporation) publicly announces an intention to take or to consider taking actions whichactions, 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 Company Corporation or a corporation owned, directly or indirectly, by the stockholders shareholders of the Company Corporation in substantially the same proportions as their ownership of stock of the CompanyCorporation, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company Corporation representing 9.5% or more of the combined voting power of the CompanyCorporation’s then outstanding Voting Securities, Securities increases such person’s his or her beneficial ownership of such securities by five percentage points 5% or more over the initial percentage of so owned by such securitiesperson on the date hereof; 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.