Sec. 5. (a) Subject to subsection (b), "acting in concert" means: (1) a knowing participation in a joint activity whether or not under an express agreement; (2) interdependent conscious parallel action toward a common goal under an express agreement or otherwise; or (3) a combination or pooling of voting interests or other interests in the securities of any person for a common purpose under any contract, understanding, relationship, agreement, or other arrangement, written or otherwise. (b) An employee benefit plan is acting in concert with: (1) its trustee; or (2) a person who serves in a capacity similar to a trustee; solely for the purpose of determining whether capital stock held by the trustee or the person in a similar capacity and capital stock held by the plan will be aggregated.
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