EMC 2008 Annual Report Download - page 131
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distribution from the corporation, except as and to the extent that the shareholders shall have provided at the time of authorizing such reduction.
(i) The directors shall have the power to fix from time to time their compensation. No person shall be disqualified from holding any office by reason of
any interest. In the absence of fraud, any director, officer or shareholder of this corporation, individually, or any individual having any interest in any concern
which is a shareholder of this corporation, or any concern in which any of such directors, officers, shareholders or individuals has any interest, may be a party
to, or may be pecuniarily or otherwise interested in, any contract, transaction or other act of this corporation, and
(1) such contract, transaction or act shall not be in any way invalidated or otherwise affected by that fact;
(2) no such director, officer, shareholder or individual shall be liable to account to this corporation for any profit or benefit realized through any
such contract, transaction or act; and
(3) any such director of this corporation may be counted in determining the existence of a quorum at any meeting of the directors or of any
committee thereof which shall authorize any such contract, transaction or act, and may vote to authorize the same;
provided, however, that any contract, transaction or act in which any director or officer of this corporation is so interested individually or as a director, officer,
trustee or member of any concern which is not a subsidiary or affiliate of this corporation, or in which any directors or officers are so interested as holders,
collectively, of a majority of shares of capital stock or other beneficial interest at the time outstanding in any concern which is not a subsidiary or affiliate of
this corporation, shall be duly authorized or ratified by a majority of the directors who are not so interested, to whom the nature of such interest has been
disclosed and who have made any findings required by law;
the term "interest" including personal interest and interest as a director, officer, stockholder, shareholder, trustee, member or beneficiary of any concern;
the term "concern" meaning any corporation, association, trust, partnership, firm, person or other entity other than this corporation; and
the phrase "subsidiary or affiliate" meaning a concern in which a majority of the directors, trustees, partners or controlling persons is elected or
appointed by the
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