Common use of Change of Control/Change in Management Clause in Contracts

Change of Control/Change in Management. (i) If any Person (or two or more Persons acting in concert) shall acquire "beneficial ownership" within the meaning of Rule 13d-3 of the Securities and Exchange Act of 1934, as amended, directly or indirectly, capital stock or securities of the Borrower representing 20% or more of the aggregate voting power of all classes of capital stock and securities of the Borrower entitled to vote for the election of directors or (ii) during any twelve-month period (commencing both before and after the Agreement Date), individuals who at the beginning of such period were directors of the Borrower shall cease for any reason (other than death or mental or physical disability) to constitute a majority of the board of directors of the Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Shaw Industries Inc), Credit Agreement (Shaw Industries Inc), Credit Agreement (Shaw Industries Inc)

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Change of Control/Change in Management. (ii)(A) If any Any Person (or two or more Persons acting in concert) (other than the Xxxxx Parties) shall acquire "β€œbeneficial ownership" ” within the meaning of Rule 13d-3 of the Securities and Exchange Act of 1934, as amended, directly or indirectly, of the capital stock or securities of the Borrower Parent representing 20% or more of the aggregate voting power of all classes of capital stock and securities of the Borrower Parent entitled to vote for the election of directors or (iiB) during any twelve-month period (commencing both before and after the Agreement Date), individuals who at the beginning of such period were directors of the Borrower Parent shall cease for any reason (other than death or mental or physical disability) to constitute a majority of the board of directors of the Borrower.Parent;

Appears in 2 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Corp)

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