Percentage Stock Ownership definition

Percentage Stock Ownership means the percentage Stock Ownership interest of any Person or group (as the context may require) for purposes of Section 382 of the Code as determined in accordance with the Treasury Regulation § 1.382-2T(g), (h), (j) and (k) or any successor provision.

Percentage Stock Ownership means the percentage stock ownership interest as determined in accordance with Treasury Regulation § 1.382-2T(g), (h), (j) and (k).

Percentage Stock Ownership means the percentage stock ownership interest as determined in accordance with Sections 1.382-2(a)(3), 1.382-2T(g), (h), (j) and (k), 1.382-3(a), and 1.382-4(d) of the Treasury Regulations; provided, however, that for the sole purpose of determining the percentage stock ownership of any entity (and not for the purpose of determining the percentage stock ownership of any other Person), Company Securities held by such entity shall not be treated as no longer owned by such entity pursuant to Section 1.382-2T(h)(2)(i)(A) of the Treasury Regulations.

Examples of Percentage Stock Ownership in a sentence

• The purpose of this Section 9.07 is to extend the restrictions in Sections 9.02 and 9.05 to indirect Transfers of Corporation Securities that would cause the aggregate Percentage Stock Ownership of Blueapple, by vote or value, to exceed the Stock Ownership Threshold Percentage, and this Section 9.07, along with the other provisions of this Article IX, shall be interpreted to produce the same results, with differences as the context requires, as a direct Transfer of Corporation Securities.

• In such case, the transferee of such securities shall be considered a Purported Transferee and shall be deemed to have disposed of and shall be required to dispose of such securities to the extent necessary such that, following such disposition, the aggregate Percentage Stock Ownership of Blueapple, by vote and value, is less than the Stock Ownership Threshold Percentage.

• In the event of any Transfer of securities that does not involve a direct Transfer of Corporation Securities (for example, a transfer of an equity interest in an entity that owns Corporation Securities) but which would cause the aggregate Percentage Stock Ownership of Blueapple, by vote or value, to exceed the Stock Ownership Threshold Percentage, the application of Section 9.05 and Section 9.06 shall be modified as described in this Section 9.07.

• By the fifth (5th) Business Day after this Section 2 of Article THIRD first becomes effective and within ten (10) Business Days after the end of each calendar year, the Corporation shall issue a press release stating the number of outstanding shares of Common Stock to be taken into account in making all calculations of Percentage Stock Ownership for purposes of this Section 2 of Article THIRD.

• 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 that would cause the Transferee or any other Person to become a 4.9% Shareholder, or would increase the Percentage Stock Ownership of a 4.9% Shareholder, the application of Section 5 and Section 6 of this Article XI shall be modified as described in this Section 7 of this Article XI.

More Definitions of Percentage Stock Ownership

Percentage Stock Ownership means the percentage Stock Ownership interest of any Person or group (as the context may require) for purposes of Section 382 of the Code as determined in accordance with Treas. Reg. § 1.382-2T(g), (h), (j) and (k) and Treas. Reg. § 1.382-4, or any successor provisions and other pertinent Internal Revenue Service guidance.

Percentage Stock Ownership means the percentage stock ownership interest as determined in accordance with Treasury Regulation Sections 1.382-2(a)(3), 1.382-2T(g), (h), (j) and (k), 1.382-3(a), and 1.382-4(d); provided, however, that for the sole purpose of determining the percentage stock ownership of any entity (and not for the purpose of determining the percentage stock ownership of any other Person), Corporation Securities held by such entity shall not be treated as no longer owned by such entity pursuant to Treasury Regulation Section 1.382-2T(h)(2)(i)(A).

Percentage Stock Ownership and similar terms means percentage stock ownership as determined in accordance with Treasury Regulation Section 1.382-2T(g), (h), (j) and (k).

Percentage Stock Ownership means percentage stock ownership as determined in accordance with Treasury Regulation §1.382-2T(g), (h), (j), and (k).

Percentage Stock Ownership of a Person means the percentage calculated by dividing (i) the number of Common Shares as to which the Person, together with its Affiliates and Associates, is a Beneficial Owner, divided by (ii) the number of Common Shares then outstanding.

Percentage Stock Ownership means percentage stock ownership as determined in accordance with Treasury Regulation Section 1.382-2T(g), (h) (without regard to the rule that treats stock of an entity as to which the constructive ownership rules apply as no longer owned by that entity), (j) and (k).

Percentage Stock Ownership means percentage stock ownership of Common Stock determined in accordance with the Treasury Regulations under Section 382 of the IRC.