Common use of Acquiring Person Clause in Contracts

Acquiring Person. An "Acquiring Person" shall mean any person (as defined in Section 2(d)(iv) of this Agreement) that, together with all Affiliates and Associates of such person, is the beneficial owner of 50% or more of the outstanding Common Stock. The term "Acquiring Person" shall not include the Company, any subsidiary of the Company, any employee benefit plan of the Company or subsidiary of the Company, or any person holding Common Stock for or pursuant to the terms of any such plan. For the purposes of this Agreement, a person who becomes an Acquiring Person by acquiring beneficial ownership of 50% or more of the Common Stock at any time after the date of this Agreement shall continue to be an Acquiring Person whether or not such person continues to be the beneficial owner of 50% or more of the outstanding Common Stock.

Acquiring Person. An "Acquiring Person" shall mean any person (as defined in Section 2(d)(iv) of this Agreement) that, together with all Affiliates and Associates of such person, is or becomes the beneficial owner of 50% or more of the outstanding Common Stock. The term "Acquiring Person" shall not include the Company, any subsidiary of the Company, any employee benefit plan of the Company or any subsidiary of the Company, or any person holding Common Stock for or pursuant to the terms of any such plan. For the purposes of this Agreement, a person who becomes an Acquiring Person by acquiring beneficial ownership of 50% or more of the Common Stock at any time after the date of this Agreement shall continue to be an Acquiring Person whether or not such person continues to be the beneficial owner of 50% or more of the outstanding Common Stock.

Acquiring Person. An "Acquiring Person" shall mean any person (as defined in Section 2(d)(iv) of this Agreement) that, together with all Affiliates and Associates of such person, is the beneficial owner of 5035% or more of the outstanding Common Stock. The term "Acquiring Person" shall not include the Company, any subsidiary of the Company, any employee benefit plan of the Company or subsidiary of the Company, or any person holding Common Stock for or pursuant to the terms of any such plan. For the purposes of this Agreement, a person who becomes an Acquiring Person by acquiring beneficial ownership of 5035% or more of the Common Stock at any time after the date of this Agreement shall continue to be an Acquiring Person whether or not such person continues to be the beneficial owner of 5035% or more of the outstanding Common Stock.