UNAFFILIATED PERSON

UNAFFILIATED PERSON. Any Person who is not any of (i) a holder of capital stock of the Company as of the Closing Date, (ii) an Affiliate of the Company as of the Closing Date or (iii) an Affiliate of any of the Persons identified in CLAUSE (I) or (II) above; PROVIDED, THAT, notwithstanding the foregoing, the Warrantholder shall be deemed an Unaffiliated Person.