Common use of Definition of Acquisition Clause in Contracts

Definition of Acquisition. For the purposes of this Section 7.3(b) only, “Acquisition,” with respect to the Company, shall mean any of the following transactions (other than the transactions contemplated by this Agreement): (i) a merger, consolidation, business combination, recapitalization, liquidation, dissolution or similar transaction involving the Company pursuant to which the members of the Company immediately preceding such transaction hold less than fifty-one percent (51%) of the aggregate equity interests in the surviving or resulting entity of such transaction or any direct or indirect parent thereof, (ii) a sale or other disposition by the Company of assets representing in excess of fifty-one percent (51%) of the aggregate fair market value of the Company’s business immediately prior to such sale, or (iii) the acquisition by any person or group (including by way of a tender offer or an exchange offer or issuance by the Company or such person or group), directly or indirectly, of beneficial ownership or a right to acquire beneficial ownership of Units representing in excess of fifty-one percent (51%) of the voting power of the then outstanding Units.

Definition of Acquisition. For the purposes of this Section 7.3(b) only, “Acquisition,” with respect to the Company, "ACQUISITION" shall mean any of the following transactions or series of transactions (other than the transactions contemplated by this Agreement): (i) a merger, consolidation, business combination, recapitalization, liquidation, dissolution or similar transaction involving the Company Novadigm pursuant to which the members stockholders of the Company Novadigm immediately preceding such transaction hold less than fifty66-one percent (51%) 2/3% of the aggregate equity interests in the surviving or resulting entity of such transaction or any direct or indirect parent thereof, (ii) a sale or other disposition by the Company Novadigm of assets representing in excess of fifty33-one percent (51%) 1/3% of the aggregate fair market value of the Company’s Novadigm's business immediately prior to such sale, or (iii) the acquisition by any person Person or group (including by way of a tender offer or an exchange offer or issuance by the Company Novadigm or such person Person or group), directly or indirectly, of beneficial ownership or a right to acquire beneficial ownership of Units shares representing in excess of fifty33-one percent (51%) 1/3% of the voting power of the then outstanding Unitsshares of capital stock of Novadigm.

Definition of Acquisition. For the purposes of this Section 7.3(b) only, “"Acquisition,” " with respect to the Company, shall mean any of the following transactions (other than the transactions contemplated by this Agreement): (i) a merger, consolidation, business combination, recapitalization, liquidation, dissolution or similar transaction involving the Company pursuant to which the members stockholders of the Company immediately preceding such transaction hold less than fifty-one percent (51%) of the aggregate equity interests in the surviving or resulting entity of such transaction or any direct or indirect parent thereof, (ii) a sale or other disposition by the Company of assets representing in excess of fifty-one fifty percent (5150%) of the aggregate fair market value of the Company’s 's business immediately prior to such sale, or (iii) the acquisition by any person or group (including by way of a tender offer or an exchange offer or issuance by the Company or such person or group), directly or indirectly, of beneficial ownership or a right to acquire beneficial ownership of Units shares representing in excess of fifty-one fifty percent (5150%) of the voting power of the then outstanding Unitsshares of capital stock of the Company.