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These excerpts taken from the ALGN 8-K filed Oct 27, 2005. Distribution Date.” An Acquiring Person does not include
certain persons specified in the Rights Agreement.
“Distribution Date” shall mean the
earlier of (i) the Close of Business on the tenth (10th)
Business Day (or such later date as may be determined by action of the Company’s
Board of Directors) after the Shares Acquisition Date (or, if the tenth (10th)
business day after the Shares Acquisition Date occurs before the Record Date,
the Close of Business on the Record Date) or (ii) the Close of Business on
the tenth (10th) Business Day (or such later date as may be
determined by action of the Company’s Board of Directors) after the date that a
tender or exchange offer by any Person (other than the Company, any Subsidiary
of the Company, any employee benefit plan of the Company or of any Subsidiary
of the Company, or any Person or entity organized, appointed or established by
the Company for or pursuant to the terms of any such plan) is first published
or sent or given within the meaning of Rule 14d-2(a) of the General Rules and
Regulations under the Exchange Act, if, assuming the successful consummation
thereof, such Person would be an Acquiring Person.
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