This excerpt taken from the WFII 8-K filed Feb 22, 2008.
(a) Company Common Stock shall mean the common stock, par value $0.001 per share, of the Company.
(b) Shareholder shall be deemed to Own or to have acquired Ownership of a security if Shareholder is the beneficial owner within the meaning of Rule 13d-3 under the Securities Exchange Act of 1934 of such security.
(c) Person shall mean any (i) individual, (ii) corporation, limited liability company, partnership or other entity, or (iii) Governmental Body.
(d) Subject Securities shall mean: (i) all securities of the Company (including all shares of Company Common Stock and all, options, warrants and other rights to acquire shares of Company Common Stock) Owned by Shareholder as of the date of this Agreement; and (ii) all additional securities of the Company (including all additional shares of Company Common Stock and all additional options, warrants and other rights to acquire shares of Company Common Stock) of which Shareholder acquires Ownership during the period from the date of this Agreement through the Termination Date.
(e) The term Termination Date means the earlier to occur of the date of the consummation of the transactions contemplated by the Merger Agreement or the date the Merger Agreement terminates in accordance with its terms.
(f) A Person shall be deemed to have a effected a Transfer of a security if such Person directly or indirectly: (i) sells, pledges, encumbers, grants an option with respect to, transfers or disposes of such security or any interest in such security to any Person other than Parent; (ii) enters into an agreement or commitment contemplating the possible sale of, pledge of, encumbrance of, grant of an option with respect to, transfer of or disposition of such security