I don't only read it that way and keep in mind Mike Balkin deals with mergers & acquisitions. So they unwind the other merger and then Mike-eee shows up, hmmmm...wonder why....hmmm! ;-)
A “Change in Control” shall mean any events resulting in: i. Any "person" (as such term is used in 1 Sections 13(d) and 14(d) of the Exchange Act) becoming the "beneficial owner"(as defined in Rule 13d-3 of the Exchange Act), directly or indirectly, of securities of the Company representing fifty percent (50%) or more of the total voting powerrepresented by the Company's then outstanding Exchange Act), directly or indirectly, of securities of the Company representing fifty percent (50%) or more of the total voting power represented by the Company's then outstanding voting securities; ii. iii. iv. The consummation of the sale or disposition by the Company of all or substantially all of the Company's assets; A change in the composition of the Board occurring within a two (2)-year period, as a result of which fewer than a majority of the directors are directors immediately prior to such change; or The consummation of a merger or consolidation of the Company with any other corporation, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior theretocontinuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or its parent) at least fifty percent (50%) of the total voting power represented by the voting securities of the Company or such surviving entity or its parent outstanding immediately after such merger or consolidation.