Five Percent Stockholder definition

Five Percent Stockholder means a Person with a Beneficial Ownership of 4.99% or more of (i) the Common Stock then outstanding or (ii) any class of Stock (other than Common Stock) then outstanding.

Five Percent Stockholder means a Person with a Percentage Stock Ownership of 4.9% or more.

Five Percent Stockholder means a Stockholder whose Aggregate Ownership Percentage is 5% or more.

Examples of Five Percent Stockholder in a sentence

• All expenses incurred by the Agent in disposing of such Excess Securities shall be paid out of any amounts due such Five Percent Stockholder or such other Person.

• In the event of any Transfer that does not involve a transfer of securities of the Company within the meaning of Delaware law (“Securities,” and individually, a “Security”) but which would cause the transferee or any other Person to become a Five Percent Stockholder, or would cause the Beneficial Ownership of a Five Percent Stockholder to increase, the application of Section 5 and Section 6 of this ARTICLE THIRTEEN shall be modified as described in this Section 7.

• In the event of any Transfer that does not involve a transfer of securities of the Corporation within the meaning of Delaware law (“Securities,” and individually, a “Security”) but which would cause (i) any Person to become a Five Percent Stockholder or (ii) the Percentage Stock Ownership in the Corporation of any Five Percent Stockholder to be increased, the application of Section 5 and Section 6 of this ARTICLE TENTH shall be modified as described in this Section 7.

• The Company will also furnish to each Five Percent Stockholder with reasonable promptness, such other information and data with respect to the Company as such Stockholder may from time to time reasonably request, which information will not be used for any purpose by such Five Percent Stockholder other than to evaluate his, her or its investment in the Company and shall be subject to the confidentiality provisions of Section 5.3 below.

• Any provisions of the Plan to the contrary notwithstanding, no Employee shall be granted an option under the Plan if such Employee is a Five Percent Stockholder.

More Definitions of Five Percent Stockholder

Five Percent Stockholder means an Employee who owns (or is deemed to own pursuant to Section 424(d) of the Code, or would own upon the exercise of any option extended hereunder or any other option, whether qualified or nonqualified, held by such employee) shares of capital stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company, or any subsidiary of the Company.

Five Percent Stockholder means an individual or Entity whose Ownership Interest Percentage is greater than or equal to 5%;

Five Percent Stockholder means a Person or group of Persons that is (or assuming the exercise of any convertible securities, will be) a “5-percent stockholder” of the Corporation pursuant to Treasury Regulation § 1.382-2T(g).

Five Percent Stockholder means a Person or group of Persons that is identified as a "5-percent shareholder" of the Corporation pursuant to Treasury Regulation ss. 1.382-2T(g); PROVIDED, HOWEVER, that the Agent will not constitute a Five Percent Stockholder.

Five Percent Stockholder means any security holder who is known to the Company to own of record or beneficially more than five percent of any class of the Company’s voting securities and who has filed a Schedule 13D under the Exchange Act and shall not mean any other security holder (including a security holder that has filed a Schedule 13G under the Exchange Act); provided however, that the General Counsel may determine that transactions with certain other security holders should be considered by the Committee depending on the facts and circumstances.

Five Percent Stockholder means any person or group of persons that, at any time during the three-year period ending on the date hereof, has owned 5% or more of the outstanding Common Stock.

Five Percent Stockholder means a Person or group of Persons that is a "5-percent stockholder" of the Corporation pursuant to Treasury Regulation ss. 1.382-2T(g).