Threatened Change in Control Period. For purposes of this Agreement, a Threatened Change in Control Period shall mean the period commencing on the date that a Threatened Change in Control has occurred and ending upon: (a) the date the Proposal referred to in Section 2.6(a) is abandoned; (b) the acquisition of five percent (5%) of the voting power of the Company’s outstanding securities by the Person referred to in Section 2.6(a)(1) if such acquisition does not constitute a Threatened Change in Control under Section 2.6(b)(1); (1) the date when any Person described in Section 2.6(b)(1) shall own less than five percent (5%) of the voting power of the Company’s outstanding securities, (2) shall have abandoned the tender or exchange offer, or (3) shall not have elected a member of the Board as the case may be; or (d) the date a Change in Control occurs.
Appears in 8 contracts
Samples: Change in Control Agreement, Change in Control Agreement (Acuity Brands Inc), Change in Control Agreement (Acuity Brands Inc)
Threatened Change in Control Period. For purposes of this Agreement, a Threatened Change in Control Period shall mean the period commencing on the date that a Threatened Change in Control has occurred and ending upon:
(a) the date the Proposal referred to in Section 2.6(a2.7(a) is abandoned;
(b) the acquisition of five percent (5%) of the voting power of the Company’s outstanding securities by the Person referred to in Section 2.6(a)(12.7(a)(1) if such acquisition does not constitute a Threatened Change in Control under Section 2.6(b)(12.7(b)(1);
(1) the date when any Person described in Section 2.6(b)(12.7(b)(1) shall own less than five percent (5%) of the voting power of the Company’s outstanding securities, (2) shall have abandoned the tender or exchange offer, or (3) shall not have elected a member of the Board as the case may be; or
(d) the date a Change in Control occurs.
Appears in 2 contracts
Samples: Change in Control Agreement (Zep Inc.), Change in Control Agreement (Zep Inc.)
Threatened Change in Control Period. For purposes of this Agreement, a Threatened Change in Control Period shall mean the period commencing on the date that a Threatened Change in Control has occurred and ending upon:
(a) the date the Proposal referred to in Section 2.6(a) is abandoned;
(b) the acquisition of five percent (5%) of the voting power of the Company’s 's outstanding securities by the Person referred to in Section 2.6(a)(12.6(a) (1) if such acquisition does not constitute a Threatened Change in Control under Section 2.6(b)(12.6 (b) (1);
(1c) the date when any Person described in Section 2.6(b)(12.6(b), (1) shall own less than five percent (5%) of the voting power of the Company’s 's outstanding securities, (2) shall have abandoned the tender or exchange offer, or (3) shall not have elected a member of the Board as the case may be; or
(d) the date a Change in Control occurs.
Appears in 1 contract
Samples: Severance Protection Agreement (National Service Industries Inc)
Threatened Change in Control Period. For purposes of this Agreement, a Threatened Change in Control Period shall mean the period commencing on the date that a Threatened Change in Control has occurred and ending upon:
(a) the date the Proposal referred to in Section 2.6(a) is abandoned;
(b) the acquisition of five percent (5%) of the voting power of the Company’s 's outstanding securities by the Person referred to in Section 2.6(a)(1) if such acquisition does not constitute a Threatened Change in Control under Section 2.6(b)(1);
(1) the date when any Person described in Section 2.6(b)(1) shall own less than five percent (5%) of the voting power of the Company’s 's outstanding securities, (2) shall have abandoned the tender or exchange offer, or (3) shall not have elected a member of the Board as the case may be; or
(d) the date a Change in Control occurs.
Appears in 1 contract
Threatened Change in Control Period. For purposes of this Agreement, a Threatened Change in Control Period shall mean the period commencing on the date that a Threatened Change in Control has occurred and ending upon:
(a) the date the Proposal referred to in Section 2.6(a2.5(a) is abandoned;
(b) the acquisition of five percent (5%) of the voting power of the Company’s 's outstanding securities by the Person referred to in Section 2.6(a)(12.5(a) (1) if such acquisition does not constitute a Threatened Change in Control under Section 2.6(b)(12. 5 (b) (1);
(1) the date when any Person described in Section 2.6(b)(12.5(b)(1) shall own less than five percent (5%) of the voting power of the Company’s 's outstanding securities, (2) shall have abandoned the tender or exchange offer, or (3) shall not have elected a member of the Board as the case may be; or
(d) the date a Change in Control occurs.
Appears in 1 contract
Threatened Change in Control Period. For purposes of this Agreement, a Threatened Change in Control Period shall mean the period commencing on the date that a Threatened Change in Control has occurred and ending upon:
(a) the date the Proposal referred to in Section 2.6(a) is abandoned;
(b) the acquisition of five percent (5%) of the voting power of the Company’s 's outstanding securities by the Person referred to in Section 2.6(a)(1) if such acquisition does not constitute a Threatened Change in Control under Section 2.6(b)(1);
(1c) the date when any Person described in Section 2.6(b)(12.6(b), (1) shall own less than five percent (5%) of the voting power of the Company’s 's outstanding securities, (2) shall have abandoned the tender or exchange offer, or (3) shall not have elected a member of the Board Board, as the case may be; or
(d) the date a Change in Control occurs.
Appears in 1 contract
Samples: Severance Protection Agreement (National Service Industries Inc)