definiens: means any group formed for the purpose of acquiring, holding, voting or disposing of securities of Vitex that would be required under the Exchange Act, and the rules and regulations promulgated thereunde'r, to file a Person " within the meaning of Section 13(d)(3 ) of the Exchange Act, if such group beneficially owned sufficient securities to require such a filing . All of the provisions of this subsection S(h)(v ) shall be reinstated and shall apply in full force according to their terms in the event that : ( x ) if the preceding provisions of this subsection S(h)(v ) shall have tenninated as a result of a tender offer under clause ( A ) above, such tender offer ( as originally made or as extended or modified ) shall have tenninated ( without any securities being accepted thereunder for purchase ) prior to the commencement of a tender offer by Pallor any of its Subsidiaries that would have been pennined pursuant to clause ( A ) as a result of such third - party tender offer, ( y ) any tender offer by Pall or any of its Affiliates ( as originally made or as extended or modified ) that was permitted to be made pursuant to clause ( A ) sball have tenninated ( without any securities being accepted . . .thereunder .for . purchase ), or, ( z ) if the preceding provisions . of . thi, s. ~bsection · ;, . : .