Definition of Potential Change of Control Period

  1. Potential Change of Control Period means the period extending from (A) the date when both Winsor and Clark are notified that (i) the Company is being considered for an acquisition by a Person that is not a Member or an Affiliate of a Member and (ii) such Person has executed some form of confidentiality agreement with the Company in order to review the Company's proprietary financial information, through (B) the earlier of (i) the date on which such Person ceases to pursue its acquisition of the Company, (ii) the closing date of the acquisition by such Person, and (iii) 120 days following the notice date provided in subsection (A)(i) above or such later date as agreed to by Winsor and Clark.

Examples of Potential Change of Control Period in a sentence

  1. Termination without Cause shall also include a Resignation for Good Reason (as defined in Section 3), only if such Resignation for Good Reason occurs during a Potential Change of Control Period or following a Change of Control (including a Change of Control that occurs during a Potential Change of Control Period).

Definition of Potential Change of Control Period in Company Agreement

Potential Change of Control Period means the period extending from (A) the date when both Winsor and Clark are notified that (i) the Company is being considered for an acquisition by a Person that is not a Member or an Affiliate of a Member and (ii) such Person has executed some form of confidentiality agreement with the Company in order to review the Company's proprietary financial information, through (B) the earlier of (i) the date on which such Person ceases to pursue its acquisition of the Company, (ii) the closing date of the acquisition by such Person, and (iii) 120 days following the notice date provided in subsection (A)(i) above or such later date as agreed to by Winsor and Clark.