Common use of Persons Acting as a Group Clause in Contracts

Persons Acting as a Group. For purposes of this section, persons will not be considered to be acting as a group solely because they purchase or own stock of the same corporation at the same time or as a result of the same public offering. However, persons will be considered to be acting as a group if they are owners of a corporation that enters into a merger, consolidation, purchase or acquisition of stock, or similar business transaction with the corporation. If a person, including an entity, owns stock in both corporations that enter into a merger, consolidation, purchase or acquisition of stock, or similar transaction, such shareholder is considered to be acting as a group with other shareholders in a corporation prior to the transaction giving rise to the change and not with respect to the ownership interest in the other corporation.

Appears in 5 contracts

Samples: Employment Agreement (Corautus Genetics Inc), Employment Agreement (Corautus Genetics Inc), Employment Agreement (Corautus Genetics Inc)

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Persons Acting as a Group. For purposes of this section(i) With regards to Change in the Ownership, persons will not be considered to be acting as a group solely because they purchase or own stock of the same corporation at the same time time, or as a result of the same public offering. However, persons will be considered to be acting as a group if they are owners of a corporation that enters into a merger, consolidation, purchase or acquisition of stock, stock or similar business transaction with the corporation. If a person, including an entity, owns stock in both corporations that enter into a merger, consolidation, purchase or acquisition of stock, or similar transaction, such shareholder is considered to be acting as a group with other shareholders only with respect to the ownership in a that corporation prior to before the transaction giving rise to the change and not with respect to the ownership interest in the other corporation.

Appears in 4 contracts

Samples: Nonqualified Deferred Compensation Plan (1895 Bancorp of Wisconsin, Inc. /MD/), Nonqualified Deferred Compensation Plan (1895 Bancorp of Wisconsin, Inc.), Alexion Pharmaceuticals Inc

Persons Acting as a Group. For purposes of this section, persons will not be considered to be acting as a group solely because they purchase or own stock of the same corporation Corporation at the same time or as a result of the same public offering. However, persons will be considered to be acting as a group if they are owners of a corporation that enters into a merger, consolidation, purchase or acquisition of stock, or similar business transaction with one of the corporationCorporations. If a person, including an entity, owns stock in both corporations that enter into a merger, consolidation, purchase or acquisition of stock, or similar transaction, such shareholder is considered to be acting as a group with other shareholders in a corporation prior to the transaction giving rise to the change and not with respect to the ownership interest in the other corporation.

Appears in 4 contracts

Samples: Employment Agreement (WGNB Corp), Employment Agreement (WGNB Corp), Employment Agreement (WGNB Corp)

Persons Acting as a Group. For purposes of this sectionSection 3.1(a), persons will not be considered to be acting as a group solely because they purchase or own stock of the same corporation at the same time time, or as a result of the same public offering. However, persons will be considered to be acting as a group if they are owners of a corporation that enters into a merger, consolidation, purchase or acquisition of stock, or similar business transaction with the corporation. If a person, including an entity, owns stock in both corporations that enter into a merger, consolidation, purchase or acquisition of stock, or similar transaction, such shareholder is considered to be acting as a group with other shareholders in a corporation only with respect to the ownership in that corporation prior to the transaction giving rise to the change and not with respect to the ownership interest in the other corporation.

Appears in 2 contracts

Samples: Stock Incentive Plan (First Bancshares Inc /MS/), Stock Incentive Agreement (First Bancshares Inc /MS/)

Persons Acting as a Group. For purposes of this section, persons Persons will not be considered to be acting as a group solely because they purchase or own stock of the same corporation at the same time time, or as a result of the same public offering. However, persons will be considered to be acting as a group if they are owners of a corporation that enters into a merger, consolidation, purchase or acquisition of stock, or similar business transaction with the corporationCompany. If a person, including an entity, owns stock in both corporations that enter into a merger, consolidation, purchase or acquisition of stock, or similar transaction, such shareholder is considered to be acting as a group with other shareholders in a corporation only with respect to the ownership in that corporation prior to the transaction giving rise to the change and not with respect to the ownership interest in the other corporation.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Hancock Fabrics Inc)

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Persons Acting as a Group. For purposes of this section, persons Persons will not be considered to be acting as a group solely because they purchase or own stock assets of the same corporation Company at the same time or as a result of the same public offeringtime. However, persons will be considered to be acting as a group if they are owners of a corporation that enters into a merger, consolidation, purchase or acquisition of stockassets, or similar business transaction with the corporationCompany. If a person, including an entityentity shareholder, owns stock in both corporations that enter into a merger, consolidation, purchase or acquisition of stockassets, or similar transaction, such shareholder is considered to be acting as a group with other shareholders in a corporation only to the extent of the ownership in that corporation prior to the transaction giving rise to the change and not with respect to the ownership interest in the other corporation.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Hancock Fabrics Inc)

Persons Acting as a Group. For purposes of this sectionclause (i), persons will not be considered to be acting as a group solely because they purchase or own stock of the same corporation at the same time time, or as a result of the same public offering. However, persons will be considered to be acting as a group if they are owners of a corporation that enters into a merger, consolidation, purchase or acquisition of stock, or similar business transaction with the corporationCompany. If a person, including an entity, owns stock in both corporations that enter into a merger, consolidation, purchase or acquisition of stock, or similar transaction, such shareholder is considered to be acting as a group with other shareholders in a corporation prior to the transaction giving rise to the change and not with respect to the ownership interest in the other corporation.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Hancock Fabrics Inc)

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