Who is a Joint Actor?
For these purposes, it is always a question of fact as to whether a person is acting jointly or in concert with another person but, without limiting the generality of the foregoing:
(a) Deemed Joint Actor: A person that, as a result of any agreement, commitment or understanding with the first person or with any other person acting jointly or in concert with the first person, acquires or offers to acquire securities of the same class as those subject to the acquisition or offer to acquire by the first person is deemed to be acting jointly or in concert with the first person; and
(b) Presumed Joint Actor: A person that, as a result of any agreement, commitment or understanding with the first person or with any other person acting jointly or in concert with the first person, intends to exercise jointly or in concert with the first person or with any person acting jointly or in concert with the first person any voting rights attaching to any securities of the issuer whose securities are the subject of the acquisition or the offer to acquire is presumed to be acting jointly or in concert with the first person.