Potential Change in Control. For the purposes of this Agreement, a Potential Change in Control shall be deemed to have occurred if: (i) a Person commences a tender offer (with adequate financing) for securities representing at least twenty (20) percent of the outstanding stock of National (calculated as provided in paragraph (d) of Rule 13d-3 under the 1934 Act in the case of rights to acquire stock); (ii) National enters into an agreement the consummation of which would constitute a Change in Control; (iii) proxies for the election of directors of National are solicited by anyone other than National; or (iv) any other event occurs which is deemed to be a Potential Change in Control by the Board.
Appears in 5 contracts
Sources: Employment Agreement (National Fuel Gas Co), Employment Continuation and Noncompetition Agreement (National Fuel Gas Co), Employment Agreement (National Fuel Gas Co)
Potential Change in Control. For the purposes of this ----------------------------- Agreement, a Potential Change in Control shall be deemed to have occurred if:
(i) a Person commences a tender offer (with adequate financing) for securities representing at least twenty (20) percent of the outstanding stock of National (calculated as provided in paragraph (d) of Rule 13d-3 under the 1934 Act in the case of rights to acquire stock);
(ii) National enters into an agreement the consummation of which would constitute a Change in Control;
(iii) proxies for the election of directors of National are solicited by anyone other than National; or
(iv) any other event occurs which is deemed to be a Potential Change in Control by the Board.
Appears in 2 contracts
Sources: Employment & Human Resources (National Fuel Gas Co), Employment Continuation and Noncompetition Agreement (National Fuel Gas Co)
Potential Change in Control. For the purposes of ---------------------------- this Agreement, a Potential Change in Control shall be deemed to have occurred if:
(i) a Person commences a tender offer (with adequate financing) for securities representing at least twenty (20) percent of the outstanding stock of National (calculated as provided in paragraph (d) of Rule 13d-3 under the 1934 Act in the case of rights to acquire stock);
(ii) National enters into an agreement the consummation of which would constitute a Change in Control;
(iii) proxies for the election of directors of National are solicited by anyone other than National; or
(iv) any other event occurs which is deemed to be a Potential Change in Control by the Board.
Appears in 1 contract
Sources: Employment & Human Resources (National Fuel Gas Co)