This is flat-out wrong. You are not talking about "control", which has specific meanings in corporate and tax law. You are talking about "likelihood of control" or some other concept that is somewhat related to control but is not "control" in the meaning as it is used by everyone else.
I'm not a lawyer, but I have been consulted by law firms employed by major activist investors litigating fortune 500 companies.
The short of it is, if your worried about actually controlling a company this is the control you need and I would suggest talking to me. If you are going to court, I would suggest talking to a lawyer (who may well want to talk to me :P).
