Common use of Acquisition of Equity Securities Clause in Contracts

Acquisition of Equity Securities. For a period of three years from the date of this Agreement or until the time that the Shareholders and Sellers as a Group Beneficially Own Equity Securities representing in the aggregate less than 5% of the Total Voting Power, whichever is earlier, no Shareholder or Seller shall, directly or indirectly, acquire, offer to acquire, agree to acquire, become the Beneficial Owner of, or obtain any rights in respect of, any Equity Securities, by purchase or otherwise, or take any action in furtherance thereof, if the effect of such acquisition, agreement or other action would be (either immediately or upon consummation of any such acquisition, agreement or other action, or expiration of any period of time provided in any such acquisition, agreement or other action) to increase the aggregate voting power in the election of directors of all Equity Securities then Beneficially Owned by all Shareholders and Sellers (such aggregate voting power, (the "Aggregate Voting Power") to 20% or more of the Total Voting Power (such maximum percentage limitation, the "Maximum Percentage"). Notwithstanding anything to the contrary in this Section 4(a), the Maximum Percentage may be exceeded if, and solely to the extent that, the Aggregate Voting Power is or will be increased solely as a result of a repurchase of any Voting Securities by Michxxx xx any of its subsidiaries or any other change in Michael's capitalization or by reason of the issuance of stock options by Michxxx xx any of the Shareholders pursuant to any stock option plan maintained by Michxxx.

Acquisition of Equity Securities. For a period of three years from Until April 26, 2001 or the first date of this Agreement or until the time that the Shareholders Shareholders, collectively and Sellers as a Group in the aggregate, Beneficially Own Equity Securities representing in the aggregate less than five percent (5% %) of the Total Voting Power, whichever is earlier, no Shareholder or Seller shall, directly or indirectly, acquire, offer to acquire, agree to acquire, become the Beneficial Owner of, or obtain any rights in respect of, any Equity Securities, by purchase or otherwise, or take any action in furtherance thereof, if the effect of such acquisition, agreement or other action would be (either immediately or upon consummation of any such acquisition, agreement or other action, or expiration of any period of time provided in any such acquisition, agreement or other action) to increase the aggregate voting power in the election of directors of all Equity Securities then Beneficially Owned by all Shareholders and Sellers (such aggregate voting power, (the "Aggregate Voting Power") to twenty percent (20% %) or more of the Total Voting Power (such maximum percentage limitation, the "Maximum Percentage"). Notwithstanding anything to the contrary in this Section 4(a5(a), the Maximum Percentage may be exceeded if, and solely to the extent that, the Aggregate Voting Power is or will be increased solely as a result of a repurchase of any Voting Securities by Michxxx xx Xxxxxxx or any of its subsidiaries or any other change in Michael's capitalization or by reason of the issuance of stock options by Michxxx xx Xxxxxxx to any of the Shareholders pursuant to any stock option plan maintained by MichxxxXxxxxxx.