|
|
 | | | |
- close
- close
- close
- close
This excerpt taken from the C 8-K filed Jun 10, 2009. Percentage Point Cap”), as
calculated in the following manner: the sum of each percentage, calculated
separately for each such Acquisition, equal to the product of (1) 100 and (2)
the fraction, (x) the numerator of which is the value of such Company Securities
Acquired in such Acquisition, and (y) the denominator of which is the product of
(I) the price of a share of Common Stock and (II) the number of shares of Common
Stock outstanding on the date of the applicable Acquisition, all as reasonably
determined by the Board in good faith; for purposes of the foregoing, the price
of a share of Common Stock shall be determined using the 20 trading day trailing
average closing price for a share of Common Stock for the period ending on the
date of the applicable Acquisition; provided, however, that at any time in
which (x) Persons in Specified Person Group I, in the aggregate, Own less than
3% of the shares of the then-outstanding Common Stock (the “ |
| |||||||
