Common use of Additional Limitation on Voting Rights Clause in Contracts

Additional Limitation on Voting Rights. No company that notifies the Company of its intention to be subject to this provision, shall own, be deemed to own, or acquire any voting rights either as a member or on the Board in the Company (either as a member or on the Board) which shall cause its voting rights together with any voting rights held by affiliates of such company to equal or exceed five percent (5%) of the outstanding voting rights in the Company. Any such voting right equal to or in excess of five percent (5%) that would be received, transferred or otherwise obtained by such company together with any affiliate thereof shall be automatically allocated in equal portions to the other members for so long as and to the extent that the ownership of such voting rights would cause the voting rights of such company together with its affiliates to equal or exceed five percent (5%) or more of the total voting rights in the Company. The foregoing re-allocation of voting rights shall not require the prior consent or approval of any member. The Board may determine an appropriate mechanism to implement the objectives of this provision, including but not limited to the creation of fractional voting rights or additional voting rights.