This excerpt taken from the RVBD 8-K filed Feb 20, 2009.
For purposes of the Agreement (including this Exhibit A):
Acquisition Transaction. Acquisition Transaction shall mean any transaction or series of transactions involving:
(e) the sale, license or disposition of all or a material portion of the Companys business or assets;
(f) the issuance, disposition or acquisition of: (i) any capital stock or other equity security of the Company (other than Company Capital Stock issued upon exercise of Company Options or Company Warrants outstanding as of the date of the Agreement); (ii) any option, call, warrant or right (whether or not immediately exercisable) to acquire any capital stock, unit or other equity security of the Company (other than stock options granted to employees of the Company in routine transactions in accordance with Section 4.2 of the Agreement); or (iii) any security, instrument or obligation that is or may become convertible into or exchangeable for any capital stock, unit or other equity security of the Company; or
(g) any merger, consolidation, business combination, reorganization or similar transaction involving any the Company.
Agreement. Agreement shall mean the Agreement of Merger to which this Exhibit A is attached (including the Disclosure Schedule), as it may be amended from time to time.
Certificate Amendment. Certificate Amendment shall mean the amendment to the Companys Certificate of Incorporation in the form of Exhibit C to the Agreement.