Common use of Potential Change in Control Clause in Contracts

Potential Change in Control. shall be deemed to have occurred if (i) the Company enters into an agreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Company) publicly announces an intention to take or to consider taking actions which if consummated would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 10% or more of the combined voting power of the Company's then outstanding Voting Securities, increases his beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; or (iv) the Board adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Company enters into an agreement or arrangementagreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Company) publicly announces an intention to take or to consider taking actions which if consummated would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 109.5% or more of the combined voting power of the Company's ’s then outstanding Voting Securities, increases his beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; or (iv) the Board adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Company enters into an agreement or arrangementagreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Company) publicly announces an intention to take or to consider taking actions which which, if consummated consummated, would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 109.5% or more of the combined voting power of the Company's ’s then outstanding Voting Securities, increases his such person’s beneficial ownership of such securities by 5% five percentage points or more over the initial percentage so owned by of such person on the date hereofsecurities; or (iv) the Board of Directors of the Company adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Company Corporation enters into an agreement or arrangementagreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CompanyCorporation) publicly announces an intention to take or to consider taking actions actions, which if consummated consummated, would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity Corporation or a corporation owned, directly or indirectly, by the stockholders shareholders of the Company Corporation in substantially the same proportions as their ownership of stock of the CompanyCorporation, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company Corporation representing 109.5% or more of the combined voting power of the Company's Corporation’s then outstanding Voting Securities, Securities increases his or her beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; or (iv) the Board adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall Shall be deemed to have occurred if (i) the Company enters into an agreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Company) publicly announces an intention to take or to consider taking actions which if consummated would constitute a Change in Control; (iii) any person, person (other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company), who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 10% or more of the combined voting power of the Company's ’s then outstanding Voting Securities, Securities increases his beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; or (iv) the Board adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Company Corporation enters into an agreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CompanyCorporation) publicly announces an intention to take or to consider taking actions which that, if consummated consummated, would constitute a Change in Control; (iii) any person, person (other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company Corporation acting in such capacity or a corporation owned, directly or indirectly, by the stockholders shareholders of the Company Corporation in substantially the same proportions as their ownership of stock of the CompanyCorporation), who is or becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Company Corporation representing 10% or more of the combined voting power of the Company's Corporation’s then outstanding Voting Securities, increases his beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; , or (iv) the Board adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Company enters into an agreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Company) publicly announces an intention to take or to consider taking actions which that, if consummated consummated, would constitute a Change in Control; (iii) any person, person (other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders shareholders of the Company in substantially the same proportions as their ownership of stock of the Company), who is or becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Company representing 10% or more of the combined voting power of the Company's then outstanding Voting Securities, increases his their beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; , or (iv) the Board adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Company enters into an agreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Company) publicly announces an intention to take or to consider taking actions which if consummated would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company representing 10% or more of the combined voting power of the Company's ’s then outstanding Voting Securities, increases his beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; hereof or (iv) the Board adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall Shall be deemed to have occurred if (i) the Company Corporation enters into an agreement or arrangementagreement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the CompanyCorporation) publicly announces an intention to take or to consider taking actions which if consummated would constitute a Change in Control; (iii) any person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity corporation or a corporation owned, directly or indirectly, by the stockholders of the Company Corporation in substantially the same proportions as their ownership of stock of in the CompanyCorporation, who is or becomes the beneficial owner, directly or indirectly, of securities of the Company Corporation representing 10% 9.5 percent (9.5%) or more of the combined voting power of the Company's Corporation’s then outstanding Voting Securities, increases his beneficial ownership of such securities by 5 percent (5% %) or more over the percentage so owned by such person on the date hereof; or (iv) the Board of Directors adopts a resolution to the effect that, for 7 the purposes of this Agreement, a Potential Change in Control has occurred.

Potential Change in Control. shall be deemed to have occurred if (i) the Company enters into an agreement or arrangement, the consummation of which would result in the occurrence of a Change in Control; (ii) any person (including the Company) publicly announces an intention to take or to consider taking actions which that, if consummated consummated, would constitute a Change in Control; (iii) any person, person (other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity or a corporation owned, directly or indirectly, by the stockholders shareholders of the Company in substantially the same proportions as their ownership of stock of the Company), who is or becomes the beneficial ownerBeneficial Owner, directly or indirectly, of securities of the Company representing 10% or more of the combined voting power of the Company's ’s then outstanding Voting Securities, increases his their beneficial ownership of such securities by 5% or more over the percentage so owned by such person on the date hereof; , or (iv) the Board adopts a resolution to the effect that, for 7 purposes of this Agreement, a Potential Change in Control has occurred.