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acquiring entity in the corporate action or one of its | affiliates, rights and benefits as a director that are | provided on the same basis as those afforded by the | acquiring entity generally to other directors of such | entity or such affiliate. |
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| For the purposes of this subsection, the term "beneficial owner" | means any person who, directly or indirectly, through any | contract, arrangement or understanding, other than a revocable | proxy, has or shares the power to vote or to direct the voting of | shares, except that a member of a national securities exchange | may not be considered to be a beneficial owner of securities held | directly or indirectly by the member on behalf of another person | solely because that member is the record holder of such | securities if the member is precluded by the rules of such | exchange from voting without instruction on contested matters or | matters that may affect substantially the rights or privileges of | the holders of the securities to be voted. When 2 or more | persons agree to act together for the purpose of voting their | shares of the corporation, each member of the group formed by | that agreement is considered to have acquired beneficial | ownership, as of the date of such agreement, of all voting shares | of the corporation beneficially owned by any member of the group. |
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| | Sec. 6. 13-C MRSA §1306, sub-§2, ķA, as enacted by PL 2001, c. 640, Pt. | A, §2 and affected by Pt. B, §7, is amended to read: |
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| A. Submits to the corporation the record shareholder's | written consent to the assertion of the rights no later than | the date referred to in section 1322 1323, subsection 2, | paragraph B, subparagraph (2); and |
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| | Sec. 7. 13-C MRSA §1434, sub-§3, as enacted by PL 2001, c. 640, Pt. A, | §2 and affected by Pt. B, §7, is amended to read: |
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| | 3. Protection of interests. Pursuant to this section, the | court may grant relief other than dissolution as an alternative | to a decree of dissolution or whenever the circumstances of the | case are such that the other relief, but not dissolution, would | be appropriate, and the other relief should be granted when such | that relief would furnish greater protection of the interests of | creditors and shareholders than would dissolution. |
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| | Sec. 8. 31 MRSA §402, sub-§§2-A, 3-A and 16 are enacted to read: |
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| | 2-A.__Deliver; delivery. "Deliver" or "delivery" means any | method of delivery used in conventional commercial practice, | including delivery by hand, mail, commercial delivery and | electronic transmission. |
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