5% Shareholder

5% Shareholder. Means as of any date a Person who owns 5% or more of the Company's then-outstanding Common Stock, whether directly or indirectly, and including shares such Person would be deemed to constructively own or which otherwise would be aggregated with shares owned by such Person pursuant to Section 382 of the Tax Code, or any successor provision or replacement provision and the Treasury Regulations thereunder, and any other Person or group of Persons that is a "5-percent shareholder" of the Company... within the meaning of Treasury Regulation §1.382-2T(g). View More