Common use of Threshold Percentage Clause in Contracts

Threshold Percentage. (A) As long as that certain Agreement dated as of May 2, 1995, by and between the Company and Rio Tinto Indonesia Limited ("Rio Tinto") remains in effect as it may be amended from time to time, "Threshold Percentage" means with respect to Rio Tinto and its Affiliates, that percentage of Class A Common Stock, Class B Common Stock or Common Stock that would result in Rio Tinto and its Affiliates having Beneficial Ownership of shares of Company Voting Stock equal to or greater than the Majority Shares; provided that, solely for purposes of such calculation, the shares of Company Voting Stock issuable upon exercise of warrants, options or other rights, or upon conversion or exchange of convertible or exchangeable securities, owned by Rio Tinto and its Affiliates, will be treated as outstanding Company Voting Stock.