Common use of Permitted Number Clause in Contracts

Permitted Number. Any particular person shall be deemed to beneficially own more than the Permitted Number of ServiceMaster shares at any particular time if that particular person shall beneficially own: (1) more than the Applicable Percentage of the ServiceMaster partnership shares outstanding at the particular time; or (2) more than the Applicable Percentage of the shares of common stock issued by ServiceMaster Incorporated which are outstanding at the particular time; or (3) more than the Applicable Percentage of the shares in any other class or series of equity securities issued by ServiceMaster and outstanding at the particular time; or (4) shares representing more than the Applicable Percentage of the votes which could be cast in any election to any position on the ServiceMaster Board.