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.
Appears in 5 contracts
Samples: Employment Agreement (United Dominion Realty Trust Inc), Employment Agreement (United Dominion Realty Trust Inc), Employment Agreement (United Dominion Realty Trust Inc)
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.
Appears in 2 contracts
Samples: Employment Agreement (United Dominion Realty Trust Inc), Employment Agreement (United Dominion Realty Trust Inc)
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 ’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.
Appears in 1 contract
Samples: Employment Agreement (UDR, Inc.)