Common use of Stock Acquisition Clause in Contracts

Stock Acquisition. The acquisition by any individual, entity or group, within the meaning of Section 13(d)(3) or 14(d)(2) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), (a “Person”) of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 20 percent or more of either (A) the then outstanding shares of common stock of Xxxxxx (the “Outstanding Company Common Stock”), or (B) the combined voting power of the then outstanding voting securities of Xxxxxx entitled to vote generally in the election of directors (the “Outstanding Company Voting Securities”); provided, however, that for purposes of this subsection (i), the following acquisitions of such shares or voting power shall not constitute a change in control: (A) any acquisition directly from Xxxxxx; (B) any acquisition by Xxxxxx; (C) any acquisition by any employee benefit plan (or related trust) sponsored or maintained by Xxxxxx or any corporation controlled by Xxxxxx; or (D) any acquisition by any corporation in a transaction which complies with clauses (A), (B) and (C) of subsection (iii) of this Section; or

Stock Acquisition. The acquisition by any individual, entity or group, within the meaning of Section 13(d)(3) or 14(d)(2) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), (a “Person”) of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 20 percent or more of either (A) the then outstanding shares of common stock of Xxxxxx (the “Outstanding Company Common Stock”), or (B) the combined voting power of the then outstanding voting securities of Xxxxxx entitled to vote generally in the election of directors (the “Outstanding Company Voting Securities”); provided, however, that for purposes of this subsection (i), the following acquisitions of such shares or voting power shall not constitute a change in control: (A) any acquisition directly from Xxxxxx; (B) any acquisition by Xxxxxx; (C) any acquisition by any employee benefit plan (or related trust) sponsored or maintained by Xxxxxx or any corporation controlled by Xxxxxx; or (D) any acquisition by any corporation in pursuant to a transaction which complies with clauses (A), (B) and (C) of subsection (iii) of this Section; or

Stock Acquisition. The acquisition by any individual, entity or group, within the meaning of “person” (as such term is defined in Section 13(d)(3) or 14(d)(23(a)(9) of the Securities Exchange Act of 1934, as amended (the amended, and used in Sections 13(d) and 14(d) thereof, including a “Exchange Act”), group” as defined in Section 13(d) thereof) (a “Person”) of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 20 percent or more of either (Ai) the then outstanding shares of common stock of Xxxxxx the Company (the “Outstanding Company Common Stock”), or (Bii) the combined voting power of the then outstanding voting securities of Xxxxxx the Company entitled to vote generally in the election of directors (the “Outstanding Company Voting Securities”); provided, however, that for purposes of this subsection (ia), the following acquisitions of such shares or voting power shall not constitute a change in controlChange of Control: (A) any acquisition directly from Xxxxxxthe Company; (B) any acquisition by Xxxxxxthe Company; (C) any acquisition by any employee benefit plan (or related trust) sponsored or maintained by Xxxxxx the Company or any corporation controlled by Xxxxxxthe Company; or (D) any acquisition by any corporation in pursuant to a transaction which complies with clauses (Ai), (Bii) and (Ciii) of subsection (iiic) of this SectionSection 2; or

Stock Acquisition. The acquisition by any individual, entity or group, within the meaning of Section 13(d)(3) or 14(d)(2) of the Securities Exchange Act of 1934, as amended (the “"Exchange Act”"), (a “"Person”") of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 20 percent or more of either (A) the then outstanding shares of common stock of Xxxxxx (the “"Outstanding Company Common Stock”"), or (B) the combined voting power of the then outstanding voting securities of Xxxxxx entitled to vote generally in the election of directors (the “"Outstanding Company Voting Securities”"); provided, however, that for purposes of this subsection (i), the following acquisitions of such shares or voting power shall not constitute a change in control: (A) any acquisition directly from Xxxxxx; (B) any acquisition by Xxxxxx; (C) any acquisition by any employee benefit plan (or related trust) sponsored or maintained by Xxxxxx or any corporation controlled by Xxxxxx; or (D) any acquisition by any corporation in pursuant to a transaction which complies with clauses (A), (B) and (C) of subsection (iii) of this Section; or

Stock Acquisition. The acquisition by any individual, entity or group, group (within the meaning of Section 13(d)(3) or 14(d)(2) of the Securities Exchange Act of 1934, as amended (the “"Exchange Act”"), ) (a “"Person”") of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 20 percent 20% or more of either (Ai) the then outstanding shares of common stock of Xxxxxx the Company (the “"Outstanding Company Common Stock”), ") or (Bii) the combined voting power of the then outstanding voting securities of Xxxxxx the Company entitled to vote generally in the election of directors (the “"Outstanding Company Voting Securities”"); providedPROVIDED, howeverHOWEVER, that for purposes of this subsection (ia), the following acquisitions of such shares or voting power shall not constitute a change in controlChange of Control: (Ai) any acquisition directly from Xxxxxx; the Company, (Bii) any acquisition by Xxxxxx; the Company, (Ciii) any acquisition by any employee benefit plan (or related trust) sponsored or maintained by Xxxxxx the Company or any corporation controlled by Xxxxxx; the Company or (Div) any acquisition by any corporation in pursuant to a transaction which complies with clauses (Ai), (Bii) and (Ciii) of subsection (iiic) of this SectionSection 2; or

Stock Acquisition. The acquisition by any individual, entity or group, within the meaning of Section 13(d)(3) or 14(d)(2) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), (a “Person”) of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 20 twenty percent (20%) or more of either (A) the then outstanding shares of common stock of Xxxxxx Group (the “Outstanding Company Common Stock”), or (B) the combined voting power of the then outstanding voting securities of Xxxxxx Group entitled to vote generally in the election of directors (the “Outstanding Company Voting Securities”); provided, however, that for purposes of this subsection (i), the following acquisitions of such shares or voting power shall not constitute a change in control: (A) any acquisition directly from XxxxxxXxxxxx Group; (B) any acquisition by XxxxxxXxxxxx Group; (C) any acquisition by any employee benefit plan (or related trust) sponsored or maintained by Xxxxxx Group or any corporation controlled by XxxxxxXxxxxx Group; or (D) any acquisition by any corporation in a transaction which complies with clauses (A), (B) and (C) of subsection (iii) of this Section; or

Stock Acquisition. The acquisition by any individual, entity or group, ----------------- group (within the meaning of Section 13(d)(3) or 14(d)(2) of the Securities Exchange Act of 1934, as amended (the “"Exchange Act”"), ) (a “"Person”") of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 20 percent 20% or more of either (Ai) the then outstanding shares of common stock of Xxxxxx the Company (the “"Outstanding Company Common Stock”), ") or (Bii) the combined voting power of the then outstanding voting securities of Xxxxxx the Company entitled to vote generally in the election of directors (the “"Outstanding Company Voting Securities”"); provided, however, that for -------- ------- purposes of this subsection (ia), the following acquisitions of such shares or voting power shall not constitute a change in controlChange of Control: (Ai) any acquisition directly from Xxxxxx; the Company, (Bii) any acquisition by Xxxxxx; the Company, (Ciii) any acquisition by any employee benefit plan (or related trust) sponsored or maintained by Xxxxxx the Company or any corporation controlled by Xxxxxx; the Company or (Div) any acquisition by any corporation in pursuant to a transaction which complies with clauses (Ai), (Bii) and (Ciii) of subsection (iiic) of this SectionSection 2; or

Stock Acquisition. The acquisition by any individual, entity or group, group (within the meaning of Section 13(d)(313(d) (3) or 14(d)(214(d) (2) of the Securities Exchange Act of 1934, as amended (the “"Exchange Act”"), ) (a “"Person”") of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 20 percent 20% or more of either (Ai) the then outstanding shares of common stock of Xxxxxx the Company (the “"Outstanding Company Common Stock”), ") or (Bii) the combined voting power of the then outstanding voting securities of Xxxxxx the Company entitled to vote generally in the election of directors (the “"Outstanding Company Voting Securities”"); providedPROVIDED, howeverHOWEVER, that for purposes of this subsection (i), a) the following acquisitions of such shares or voting power shall not constitute a change in controlChange of Control: (Ai) any acquisition directly from Xxxxxx; the Company, (Bii) any acquisition by Xxxxxx; the Company, (Ciii) any acquisition by any employee benefit plan (or related trust) sponsored or maintained by Xxxxxx the Company or any corporation controlled by Xxxxxx; the Company or (Div) any acquisition by any corporation in pursuant to a transaction which complies with clauses (A), i) (Bii) and (Ciii) of subsection (iiic) of this SectionSection 2; or

Stock Acquisition. The acquisition by any individual, entity or group, within the meaning of Section 13(d)(3) or 14(d)(2) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), (a “Person”) of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 20 percent or more of either (A) the then outstanding shares of common stock of Xxxxxx (the “Outstanding Company Common Stock”), or (B) the combined voting power of the then outstanding voting securities of Xxxxxx entitled to vote generally in the election of directors (the “Outstanding Company Voting Securities”); provided, however, that for purposes of this subsection (i), the following acquisitions of such shares or voting power shall not constitute a change in control: (A) any acquisition directly from Xxxxxx; (B) any acquisition by Xxxxxx; (C) any acquisition by any employee benefit plan (or related trust) sponsored or maintained by Xxxxxx or any corporation controlled by Xxxxxx; or (D) any acquisition by any corporation in a transaction which complies with clauses (A), (B) and (C) of subsection (iii) of this Section; or