Notwithstanding anything in this definition of Beneficial Ownership to the contrary, the phrase then outstanding, when used with reference to a Persons Beneficial Ownership of securities of the Company, shall mean the number of such securities then issued and outstanding together with the number of such securities not then actually issued and outstanding which are issuable by the Company and which such Person would be deemed to Beneficially Own hereunder.
(h) Book Entry Ordinary Share shall mean an uncertificated book entry for any Ordinary Share.
(i) Book Entry Right shall have the meaning set forth in Section 3(a) hereof.
(j) Business Day shall mean any day other than a Saturday, a Sunday, or a day on which banking institutions in the State of New York or New Jersey are authorized or obligated by law or executive order to close.
(k) Close of Business on any given date shall mean 5:00 P.M., New York time, on such date; provided, however, that, if such date is not a Business Day, it shall mean 5:00 P.M., New York time, on the next succeeding Business Day.
(l) Distribution Date shall have the meaning set forth in Section 3(a) hereof.
(m) Excess Rights shall have the meaning set forth in Section 14(a) hereof.
(n) Excess Shares shall have the meaning set forth in Section 14(b) hereof.
(o) Exchange Act shall mean the Securities Exchange Act of 1934, as amended.
(p) Final Expiration Date shall have the meaning set forth in Section 7(a) hereof.
(q) NASDAQ shall mean the National Association of Securities Dealers, Inc. Automated Quotation System.
(r) Ordinary Shares when used with reference to the Company shall mean the ordinary shares, par value $0.0001 per share, of the Company. Ordinary Shares when used with reference to any Person other than the Company shall mean the capital stock (or equity interest) with the greatest voting power of such other Person or, if such other Person is a Subsidiary of another Person, the Person or Persons which ultimately control such first-mentioned Person.
(s) Ownership Statements means, with respect to any Book Entry Ordinary Share or Book Entry Right, current ownership statements issued to the record holders thereof in lieu of a certificate representing such Ordinary Share or Book Entry Right.
(t) Person shall mean any individual, partnership, firm, corporation, limited liability company, association, trust, unincorporated organization or other entity, and shall include any successor (by merger or otherwise) of such entity, as well as any group under Rule 13d-5(b)(1) of the Exchange Act.