Common use of Acquiring Person Clause in Contracts

Acquiring Person. An "Acquiring Person" shall mean any person that, together with all Affiliates and Associates of such person, is the beneficial owner of 15% or more of the outstanding Common Stock. The term "Acquiring Person" shall not include the Company, any subsidiary of the Company, any employee benefit plan of the Company (or trust with respect thereto) or subsidiary of the Company, any person holding Common Stock of the Company for or pursuant to the terms of any such plan, or Donald A. Sillers, Jr. or members of his immediate xxxxxx.

Acquiring Person. An "“Acquiring Person" ” shall mean any person that, together with all Affiliates and Associates of such person, is the beneficial owner of 1550.1% or more of the outstanding Common StockStock of the Employer or its parent. The term "“Acquiring Person" ” shall not include the CompanyEmployer, its parent, any subsidiary of the CompanyEmployer, any employee benefit plan of the Company Employer (or trust with respect thereto) or subsidiary of the CompanyEmployer, or any person holding Common Stock of the Company Employer for or pursuant to the terms of any such plan, or Donald A. Sillers, Jr. or members of his immediate xxxxxx.

Acquiring Person. An "“Acquiring Person" ” shall mean any person that, together with all Affiliates and Associates of such person, is the beneficial owner of 1550.1% or more of the outstanding Common Stock. The term "“Acquiring Person" ” shall not include the CompanyEmployer, any subsidiary of the CompanyEmployer, any employee benefit plan of the Company Employer (or trust with respect thereto) or subsidiary of the CompanyEmployer, or any person holding Common Stock of the Company Employer for or pursuant to the terms of any such plan, or Donald A. Sillers, Jr. or members of his immediate xxxxxx.