Publicly Traded

Publicly Traded. Means that a class of stock (or equity interest) is required to be registered under Section 12 of the Exchange Act or that stock (or equity interest) of that class has been sold within the preceding twelve months in an underwritten public offering.

Publicly Traded. Means, with respect to any class of stock, that the class of stock is required to be registered under Section 12 of the Securities Exchange Act of 1934, as amended, or that stock of that class has been sold within the preceding 12 months in an underwritten public offering. 2

Publicly Traded. With respect to any Corresponding Securities, that Underlying Securities relating to the Corresponding Securities have been listed (and are then currently listed) for trading on one or more national securities exchanges and/or the automated quotation system of a registered securities exchange (as such terms are defined in the Securities Exchange Act of 1934).

Publicly Traded. Shall mean, with respect to any security, that such security is (i) listed on a domestic securities exchange, (ii) quoted on NASDAQ or (iii) traded in the 2 domestic over-the-counter market, which trades are reported by the National Quotation Bureau, Incorporated.

Publicly Traded. As used herein, Common Stock is "Publicly Traded" if stock of that class is listed or admitted to unlisted trading privileges on a domestic or foreign national securities exchange (including London's Alternative Investment Market) or on the Nasdaq National Market or if sales or bid and offer quotations are reported for that class of stock in the automated quotation system operated by the National Association of Securities Dealers, Inc.

Publicly Traded. Means a registration statement with respect to Company Stock that was filed by the Company with the Securities and Exchange Commission has become effective.

Publicly Traded. That the Common Stock is listed on an established stock exchange or traded on the Nasdaq Stock Market.

Publicly Traded. Corporate stock is "Publicly Traded" if stock of that class is listed or admitted to unlisted trading privileges on a national securities exchange or designated as a national market system security on an interdealer quotation system by the National Association of Securities Dealers, Inc. ("NASD") or if sales or bid and offer quotations are reported for that class of stock in the automated quotation system ("NASDAQ") operated by the NASD.

Publicly Traded. If the Common Stock subjects the Company to the periodic reporting requirements of Sections 12(g) or 15(d) of the Exchange Act.

Publicly Traded. At any time with respect to Units or other securities that the Units or other securities are then readily tradable on an established securities market for purposes of Treasury Regulation §1.409A-1(b)(5)(iv)(A).