This excerpt taken from the DDDC 8-K filed Feb 12, 2009.
Definitions. As used in this Warrant, the following terms shall have the meanings set forth below:
(a) “Affiliate” means any person that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, a person, as such terms are used and construed under Rule 144 promulgated under the Securities Act.
(b) “Exercise Price” means $0.04 per share (as the same may be adjusted from time to time pursuant to the terms of this Warrant).
(c) “Fair Market Value” means, on any particular date (a) if the Common Stock is then traded on a securities exchange, the average of the closing prices of such Common Stock on such exchange over the five trading day period ending on such date, (b) if the Common Stock is then regularly traded over-the-counter, the average of the closing sale prices or secondarily the closing bid of such Common Stock over the five trading day period ending on such date, or (c) if there is no active public trading market for the Common Stock, the fair market value of one share of the Warrant Shares as determined in good faith by the Board of Directors of the Company.
(d) “Person” (whether or not capitalized) means an individual, entity, partnership, limited liability company, corporation, association, trust, joint venture, unincorporated organization or any other form of entity not specifically listed herein, and any government, governmental department or agency or political subdivision thereof.
(e) “Securities Act” means the Securities Act of 1933, as amended, and all of the rules and regulations promulgated thereunder.
(f) “Warrant” means this Warrant and all stock purchase warrants issued in exchange therefor pursuant to the terms thereof.
(g) “Warrant Shares” means the shares of Common Stock issuable upon exercise of this Warrant.