Control Effort

Control Effort. Means any acting together or undertaking efforts to act together by any Person or Persons, excluding employee benefit plans of RAI, who are, or seek in any direct or indirect manner to become, the "beneficial owner" (as defined in Rules 13d-3 and 13d-5 under the Exchange Act or any successor provisions thereto), directly or indirectly, of securities of RAI representing twenty-five percent (25%) or more of the combined voting power of RAI's then outstanding securities.