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This excerpt taken from the DTV DEFA14A filed May 4, 2009.
subtracted (iv) the Maximum Percentage. In the event that the foregoing calculation yields a negative percentage, then the Excess Voting Power Percentage shall be zero.

“Exempt Transfer” means, with respect to any Member Shares, any Transfer:

 

(i)

pursuant to Section 4.11 of the Holdings Charter;

 

(ii)

to another Member;

(iii)      that is an exchange or conversion of Member Shares that occurs by operation of law in connection with a merger or consolidation of Holdings with or into another corporation or a reclassification or similar event, that has been duly authorized and approved by the required vote of the Board of Directors and the stockholders of Holdings pursuant to its Certificate of Incorporation and Delaware law; provided,

This excerpt taken from the DTV 8-K filed May 4, 2009.
subtracted (iv) the Maximum Percentage. In the event that the foregoing calculation yields a negative percentage, then the Excess Voting Power Percentage shall be zero.

“Exempt Transfer” means, with respect to any Member Shares, any Transfer:

 

(i)

pursuant to Section 4.11 of the Holdings Charter;

 

(ii)

to another Member;

(iii)      that is an exchange or conversion of Member Shares that occurs by operation of law in connection with a merger or consolidation of Holdings with or into another corporation or a reclassification or similar event, that has been duly authorized and approved by the required vote of the Board of Directors and the stockholders of Holdings pursuant to its Certificate of Incorporation and Delaware law; provided,

EXCERPTS ON THIS PAGE:

DEFA14A
May 4, 2009
8-K
May 4, 2009

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