Merger

Merger. Shall mean the merger of Merger Sub into Yankee Candle, as contemplated by that certain Agreement and Plan of Merger dated October 24, 2006 among the Company, Merger Sub and Yankee Candle.

Merger. Shall mean the merger of the Advisor with and into CHPAC, with CHPAC as the surviving entity in the merger, upon the terms and subject to the conditions of the Merger Agreement and in accordance with the Florida Business Corporation Act and the Florida Limited Liability Company Act.

Merger. Means the merger of Merger Sub into the Company pursuant to the Merger Agreement.

Merger. Shall mean the "Merger" as such term is defined in the Merger Agreement.

Merger. The Merger, as hereinafter defined, of the Company with and into Subsidiary pursuant to the terms and conditions of this Agreement

Merger. As hereinafter defined

Merger. Shall mean the merger of Borrower and Turtle Mountain Corporation, a North Dakota corporation ("Turtle Mountain"), with Borrower as the surviving corporation.

Merger. All of the Parties hereto desire to enter into this Agreement to effectuate the Merger, as hereinafter defined, of the Company with and into Subsidiary pursuant to the terms and conditions of this Agreement;

Merger. The closing of the acquisition of 100% of the issued and outstanding capital stock of the MST Subsidiary by the Company pursuant to that certain Agreement of Merger and Plan of Reorganization among the Company (f/k/a Fitness Xpress Software, Inc.), Microwave Acquisition Corp. and the MSTI Subsidiary, of even date herewith.

Merger. Means the merger of Visual Sciences with and into Voyager Merger Corp., a Delaware corporation and wholly-owned subsidiary of the Company, whereby Visual Sciences continued as the surviving corporation and a wholly-owned subsidiary of the Company, pursuant to the Agreement and Plan of Reorganization dated October 25, 2007.