Sec. 10. (a) As used in this chapter, "interested shareholder", when used in reference to any resident domestic corporation, means any person (other than the resident domestic corporation or any subsidiary of the resident domestic corporation) that is:
(1) the beneficial owner, directly or indirectly, of ten percent (10%) or more of the voting power of the outstanding voting shares of the resident domestic corporation; or
(2) an affiliate or associate of the resident domestic corporation and at any time within the five (5) year period immediately before the date in question was the beneficial owner, directly or indirectly, of ten percent (10%) or more of the voting power of the then outstanding shares of the resident domestic corporation.
(b) For the purpose of determining whether a person is an interested shareholder, the number of voting shares of the resident domestic corporation considered to be outstanding includes shares considered to be beneficially owned by the person through application of section 4 of this chapter, but does not include any other unissued shares of voting shares of the resident domestic corporation that may be issuable under any agreement, arrangement, or understanding, or upon exercise of conversion rights, warrants or options, or otherwise.
As added by P.L.149-1986, SEC.27.
Structure Indiana Code
Title 23. Business and Other Associations
Article 1. Indiana Business Corporation Law
Chapter 43. Business Combinations
23-1-43-1. "Affiliate" Defined
23-1-43-2. "Announcement Date" Defined
23-1-43-3. "Associate" Defined
23-1-43-4. "Beneficial Owner" Defined
23-1-43-5. "Business Combination" Defined
23-1-43-6. "Common Shares" Defined
23-1-43-7. "Consummation Date" Defined
23-1-43-9. "Exchange Act" Defined
23-1-43-10. "Interested Shareholder" Defined
23-1-43-11. "Market Value" Defined
23-1-43-12. "Preferred Shares" Defined
23-1-43-13. "Resident Domestic Corporation" Defined
23-1-43-15. "Share Acquisition Date" Defined
23-1-43-16. "Subsidiary" Defined
23-1-43-17. "Voting Shares" Defined
23-1-43-19. Business Combination With Interested Shareholder; Requirements
23-1-43-20. Corporation Having Shares Registered Under Exchange Act; Application of Chapter
23-1-43-22. Election Not to Be Covered by This Chapter; Application of Chapter
23-1-43-23. Inadvertent Interested Shareholder; Application of Chapter
23-1-43-24. Interested Shareholder on January 7, 1986; Application of Chapter