Tender Offer or Acquisition Sample Clauses

Tender Offer or Acquisition. Any "person" as defined in section 3(a)(9) of the Securities Exchange Act of 1934 (the "Act"), including a "group" (as that term is used in sections 13(d)(3) and 14(d)(2) of the Act), but excluding the Corporation and any employee benefit plan sponsored or maintained by the Corporation, including any trustee of such plan acting as trustee, who: