definiens: means ( i ) a Third Party ( or group of Third Parties acting in concert ) acquires, directly or indirectly, beneficial ownership or a right to acquire beneficial ownership of shares of Acura representingfifty percent ( 50 % ) or more of the voting shares ( where voting includes being entitled to vote for the election directors)then outstanding of Acura ; ( ii ) a Third Party purchases all or substantially all of Acura ’s and APT ’s assets ; or ( iii ) amerger or consolidation of Acura with or into any Third Party, as a result of which the holders of voting stock of Acuraimmediately prior to such merger or consolidation hold less than fifty * * * * * Confidential treatment requested pursuant to a request for confidential treatment filed with the Securitiesand Exchange Commission ; omitted portions have been separately filed with the Commission 4 percent ( 50 % ) of the outstanding voting shares of the surviving entity or parent of the surviving entity