This
discussion also does not consider any specific facts or circumstances that may be relevant to holders subject to special rules under the U.S. federal income tax laws, including, without limitation, certain former citizens or long - term residents
of the United States, partnerships or other pass - through entities, real estate investment trusts, regulated investment companies, «controlled foreign corporations,» «passive foreign investment companies,» corporations that accumulate earnings to avoid U.S. federal income tax, banks, financial institutions, investment funds, insurance companies, brokers, dealers or traders in securities, commodities or currencies, tax - exempt organizations, tax - qualified retirement plans, persons subject to the
alternative minimum tax, persons that own, or have owned, actually or constructively, more than 5 %
of our common stock and persons holding our common stock as part
of a hedging or conversion transaction or straddle, or a constructive sale, or other risk reduction
strategy.
Consistent with such purposes, [Mr. Scott] may seek to engage in future
discussions with management
of [ASYS] and may make suggestions concerning [ASYS]'s operations, prospects, business and financial
strategies, assets and liabilities, business and financing
alternatives and such other matters as [Mr. Scott] may deem relevant to his investment in [ASYS].
The lessons to be learned from previous international negotiations formed the focus
of the early part
of the dialogue, followed by a broader and more wide - ranging
discussion of the panoply
of topics which must enter into consideration
of alternative negotiation
strategies.