DEFINITION OF "DIRECTLY OR INDIRECTLY. For purposes of Section 6(a), "directly or indirectly" means to engage or participate in any venture, enterprise, activity or business which is materially involved (as hereinafter defined) in the marketing, selling, licensing or provision of Financial Market Data Software Products or Software-Related Services, passively (except for passive investments in publicly-traded companies) or actively, as a sole proprietor or owner, director, officer, shareholder, partner, member, consultant, independent contractor, advisor, participant, employee or agent or in any other manner. For purposes hereof, "materially involved" means that the venture, enterprise, activity or business directly or indirectly or together with any of its subsidiaries, affiliates or partners or through strategic alliances or any specific division or business unit of any such venture, enterprise, activity or business either (1) derives in any year 5% or more of its gross revenue from Financial Market Data Software Products or Software-Related Services or (2) incurs in any year 5% or more of its expenses (operating and/or capital) in connection with or as a result of Financial Market Data Software Products or Software-Related Services.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Onlinetradinginc Com Corp), Agreement and Plan of Merger and Reorganization (Onlinetradinginc Com Corp)
DEFINITION OF "DIRECTLY OR INDIRECTLY. For purposes of Section 6(a2(a), "directly or indirectly" means to engage or participate in any venture, enterprise, activity or business which is materially involved (as hereinafter defined) in the marketing, selling, licensing or provision of Financial Market Data Software Products or Software-Related Services, passively (except for passive investments in publicly-traded companies) or actively, as a sole proprietor or proprietor, owner, director, officer, shareholder, partner, member, consultant, independent contractor, advisor, participant, employee or agent agent, or in any other manner. For purposes hereof, "materially involved" means that the venture, enterprise, activity or business directly or indirectly or together with any of its subsidiaries, affiliates or partners or through strategic alliances or any specific division or business unit of any such venture, enterprise, activity or business either (1i) derives in any year 5% 5%1 or more of its gross revenue from Financial Market Data Software Products or Software-Related Services or (2ii) incurs in any year 5% 5%2 or more of its expenses (operating and/or capital) in connection with or as a result of Financial Market Data Software Products or Software-Related Services.
Appears in 1 contract
DEFINITION OF "DIRECTLY OR INDIRECTLY. For purposes of Section 6(a), "directly or indirectly" means to engage or participate in any venture, enterprise, activity or business which is materially involved (as hereinafter defined) in the marketing, selling, licensing or provision of Financial Market Data Software Products or Software-Related Services, passively (except for passive investments in publicly-traded companies) or actively, as a sole proprietor or owner, director, officer, shareholder, partner, member, consultant, independent contractor, advisor, participant, employee or agent or in any other manner. For purposes hereof, "materially involved" means that the venture, enterprise, activity or business directly or indirectly or together with any of its subsidiaries, affiliates or partners or through strategic alliances or any specific division or business unit of any such venture, enterprise, activity or business either (1) derives in any year 5% 5%4 or more of its gross revenue from Financial Market Data Software Products or Software-Related Services or (2) incurs in any year 5% 5%4 or more of its expenses (operating and/or capital) in connection with or as a result of Financial Market Data Software Products or Software-Related Services.
Appears in 1 contract