This excerpt taken from the EBAY 8-K filed Apr 16, 2009.
For purposes of the Agreement (including this Exhibit A):
Acceptance Date. Acceptance Date shall mean the first date on which Acquisition Sub accepts any Company Securities for payment pursuant to the Offer.
Acquisition Inquiry. Acquisition Inquiry shall mean an inquiry, indication of interest or request for nonpublic information (other than an inquiry, indication of interest or request for nonpublic information made or submitted by Parent) that would reasonably be expected to lead to an Acquisition Proposal.
Acquisition Proposal. Acquisition Proposal shall mean any offer or proposal (other than an offer or proposal made or submitted by Parent) contemplating or otherwise relating to any Acquisition Transaction.
Acquisition Transaction. Acquisition Transaction shall mean any transaction or series of related transactions (other than the Contemplated Transactions) involving:
(j) any merger, exchange, consolidation, business combination, plan of arrangement, issuance of securities, acquisition of securities, reorganization, recapitalization, takeover offer, tender offer, exchange offer or other similar transaction: (i) in which the Company is a constituent corporation; (ii) in which a Person or group (as defined in the Exchange Act and the rules promulgated thereunder) of Persons directly or indirectly acquires beneficial or record ownership of securities representing more than 15% of the outstanding securities of any class of voting securities of the Company; or (iii) in which the Company issues securities representing more than 15% of the outstanding securities of any class of voting securities of the Company;
(k) any sale, lease, exchange, transfer, exclusive license, acquisition or disposition of any business or businesses or assets that constitute or account for 15% or more of the net revenues, net income or assets of the Company; or
(l) any liquidation or dissolution of the Company.
Agreement. Agreement shall mean the Share Allocation and Tender Offer Agreement to which this Exhibit A is attached, as it may be amended from time to time.
Company ADSs. Company ADSs shall mean the American Depositary Shares of the Company, each representing one Company Share.