Potential Change of Control. For the purposes of this Agreement, a Potential Change of Control shall be deemed to have occurred if:
Potential Change of Control. For the purposes of this Agreement, a “Potential Change of Control” shall be deemed to have occurred if (i) any “person” (as such term is used in Sections 13(d) and 14(d)(2) of the Act) commences a tender offer for common stock, which if consummated, would result in such person owning 35% or more of the combined voting power of the Company’s then outstanding common stock; (ii) the Company enters into an agreement the consummation of which would constitute a Change of Control; (iii) proxies for the election of directors of the Company are solicited by anyone other than the Company; or (iv) any other event occurs which is deemed to be a Potential Change of Control by the Board of Directors of the Company.
Potential Change of Control. Potential Change of Control means the earliest to occur of
Potential Change of Control. For purposes of this Agreement, a "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, 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 securities increases his 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 the purposes of this Agreement, a Potential Change in Control has occurred. In the event of a Potential Change in Control the Executive will remain in the employ of the Company until the earliest of (x) a date which is six (6) months from the occurrence of such Potential Change in Control, or (y) the occurrence of a Change in Control.
Potential Change of 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 of Control; (ii) any Person (including the Company) publicly announces an intention to take or to consider taking actions that, if consummated, would constitute a Change of Control; or (iii) the Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change of Control has occurred.
Potential Change of Control. For the purposes of this Agreement, a "Potential Change of Control" shall mean the happening of any of the following:
Potential Change of Control. For the purposes of this Agreement, a --------------------------- Potential Change of Control shall be deemed to have occurred if (i) any "person" (as such term is used in Sections 13(d) and 14(d)(2) of the Securities Exchange Act of 1934, as amended) commences a tender offer for securities, which if consummated, would result in such person owing 20% or more of the combined voting power of the company's then outstanding securities;
Potential Change of Control. For purposes of this Agreement, ----------------------------- "Potential Change of Control" means:
Potential Change of Control. A "Potential Change of Control" shall mean a potential change of control of Employer, which shall be deemed to have occurred if the conditions set forth in any one of the following three events shall occur: (i) Employer enters into an agreement, the consummation of which would result in the occurrence of a Change of Control; (ii) any person (including Employer) publicly announces an intention to take or to consider taking actions which, if consummated, would constitute a Change of Control; or (iii) the Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change of Control has occurred.
Potential Change of Control. If the Company’s stockholders approve a transaction described in Section 5(g)(iii)(B) and thereafter the Company terminates Executive’s employment without Cause before the consummation of the transaction described in such section, Executive shall receive the severance and benefits specified in Section 5(d) (applicable without a Change of Control), subject to the terms and conditions of that subsection. If the approved transaction or another acquisition by the same entity closes by the first anniversary of the stockholder approval, any incremental benefits under Section 5(g)(i) with respect to a termination after a Change of Control will be provided as though the date of termination had corresponded with the date of closing and will be subject to an additional release of claims. To effectuate this treatment for equity compensation, the Company will, with respect to the incremental equity treatment in Section 5(g)(ii), vest but freeze the incremental options and restricted stock units such that Executive cannot exercise or dispose of the equity unless and until the transaction is consummated by the first anniversary following approval and providing further that any such incremental equity compensation will, if no closing occurs by the first anniversary, expire and be forfeited on the earliest of that first anniversary, its original term (for options and stock appreciation rights), or 90 days following the closing of the change of control.
