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⚡IMPACT LEVEL 3 — NOTEWORTHY

Epstein File EFTA01382263: Holder and Controlled (DS10)

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This document contains corporate governance provisions regarding controlled company status under NYSE rules. It discusses beneficial ownership thresholds for holders (Albertsons Investor, Kimco, and Management Holdco) and their corresponding rights to designate directors based on ownership percentages ranging from 10% to 35% of outstanding common stock. The excerpts detail the mechanics of how holder designation rights change as beneficial ownership levels fluctuate.

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Excerpt 1
As a result, we expect to be a "**controlled** company" within the meaning of the corporate governance standards of the NYSE on which we have been approved
Excerpt 2
Furthermore, if we cease to be a **controlled** company under the applicable rules of the NYSE, but Albertsons Investor, Kimco and Management Holdco collectively
Excerpt 3
" and, collectively, the "Holders") has beneficial ownership of less than 35% but at least 20% of our then-outstanding common stock, such **Holder** shall

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