definiens: within the meaning of Section 13(d)(3 ) of the Exchange Act with respect to any voting securities of [COMPANY] ; -78-<PAGE > 17.1.4 acquire or agree to acquire, directly or indirectly, alone or in concert with others, by purchase, exchange or otherwise, ( a ) any of the assets, tangible or intangible, of [COMPANY] or ( b ) direct or indirect rights, warrants or options to acquire any assets of [COMPANY], except for such assets as are then being offered for sale by [COMPANY] ; 17.1.5 enter into any arrangement or understanding with others to do any of the actions restricted or prohibited under this ARTICLE 17 ; or 17.1.6 otherwise act in concert with others, to seek to offer to [COMPANY] or any of its stockholders any business combination, restructuring, recapitalization or similar transaction to or with [COMPANY] or otherwise seek in concert with others, to control, change or influence the management, board of directors or policies of [COMPANY] or nominate any person as a director of [COMPANY] who is not nominated by the then incumbent directors, or propose any matter to be voted upon by the stockholders of [COMPANY]