Beneficial Ownership Threshold

Beneficial Ownership Threshold. Means, with respect to the Purchaser (individually or together with any other person with whom Purchaser has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission involving the Company's securities), the acquisition of or the obtaining of the right to acquire, beneficial ownership of the outstanding shares of Common Stock or the voting power of the Company in an amount in excess of 9.99%.