First Data 2012 Annual Report Download - page 179

(xxxv) “Options” shall have the meaning set forth in the third “whereas” paragraph.
(xxxvi) “Option Excess Price” shall mean the aggregate amount paid or payable by the Company in respect of
Exercisable Option Shares, as determined pursuant to Section 5 or 6 hereof, as applicable.
(xxxvii) “Option Exercise Price” shall mean the then-current exercise price of the shares of Common Stock
covered by the applicable Option.
(xxxviii) “Option Plan” shall have the meaning set forth in the third “whereas” paragraph.
(xxxix) “Option Stock” shall have the meaning set forth in Section 2(a) hereof.
(xl) “Other Management Stockholders” shall have the meaning set forth in the fourth “whereas” paragraph.
(xli) “Other Management Stockholders Agreements” shall have the meaning set forth in the fourth
“whereas” paragraph.
(xlii) “Parent” shall have the meaning set forth in the introductory paragraph.
(xliii) “Parties” shall have the meaning set forth in the introductory paragraph.
(xliv) “Partnership Agreement” means the Amended and Restated Limited Partnership Agreement of New
Omaha Holdings L.P., as it may be amended, modified, restated or supplemented from time to time.
(xlv) “Permitted Transfer” shall have the meaning set forth in Section 3(a).
(xlvi) “Person” shall mean “person,” as such term is used for purposes of Section 13(d) or 14(d) of the
Exchange Act.
(xlvii) “Piggyback Notice” shall have the meaning set forth in Section 9(b) hereof.
(xlviii) “Piggyback Registration Rights” shall have the meaning set forth in Section 9(a) hereof.
(xlix) “Proposed Registration” shall have the meaning set forth in Section 9(b) hereof.
(l) “Public Offering” shall mean the sale of shares of Common Stock to the public subsequent to the date
hereof pursuant to a registration statement under the Act which has been declared effective by the SEC
(other than a registration statement on Form S-4, S-8 or any other similar form).
(li) “Purchased Stock” shall have the meaning set forth in the third “whereas” paragraph.
(lii) “Put Period” shall have the meaning set forth in Section 5(a) hereof.
(liii) “Qualified Public Offering” means the initial Public Offering (i) for which aggregate cash proceeds to
be received by the Company (or any successor thereto) from such offering (or series of offerings)
(without deducting underwriter discounts, expenses and commissions) are at least $400,000,000, or
(ii) pursuant to which at least 35% of the outstanding shares of Common Stock are sold by the Company
(or any successor thereto).