Common use of Controlling Person Clause in Contracts

Controlling Person. As used in this Section 4.1, a "Controlling Person" is a "Person" (as that term is used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act") who, directly or indirectly, is the beneficial owner (as defined in Rule 13d-3 under the Exchange Act) of securities of the Company representing 50% or more of the combined voting power of the Company's then outstanding securities. For the sake of clarity, when two or more Persons act as a partnership, limited partnership, syndicate or other group for the purpose of acquiring, holding, voting or disposing of securities of the Company, each such Person shall be deemed to beneficially own all securities owned by each other Person constituting such partnership, limited partnership, syndicate or group. Notwithstanding the previous two sentences:

Controlling Person. As used in this Section 4.1, a "Controlling Person" is a "Person" (as that term is used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act")) who, directly or indirectly, is the beneficial owner (as defined in Rule 13d-3 under the Exchange Act) of securities of the Company representing 50% or more of the combined voting power of the Company's then outstanding securities. For the sake of clarity, when two or more Persons act as a partnership, limited partnership, syndicate or other group for the purpose of acquiring, holding, voting or disposing of securities of the Company, each such Person shall be deemed to beneficially own all securities owned by each other Person constituting such partnership, limited partnership, syndicate or group. Notwithstanding the previous two sentences: