This excerpt taken from the BDN 8-K filed Oct 4, 2005.
So long as Parent has made the filings contemplated by Article 7 and, as a result Holders may make resales of its Registrable Common Shares under Rule 144, this Agreement shall be suspended with respect to Holders that (i) “beneficially own” less than 1% of the issued and outstanding Common Shares and such Common Shares are able to be sold under Rule 144 (other than Rule 144(k)) or (ii) are eligible to sell all of their Registrable Common Shares in accordance with Rule 144(k). In addition, this Agreement shall terminate with respect to a Holder if such Holder ceases to own any Registrable Common Shares. For this Section 6, a Holder shall be deemed to own any and all Common Shares such Holder “beneficially owns” as such term is defined under Rule 13d-3 of the Exchange Act. Notwithstanding the foregoing, Parent’s and Holders’ rights, duties and obligations under Section 4, Section 5 and Section 7 shall survive the termination or suspension of this Agreement.