Incredimail 2011 Annual Report Download - page 224

Exchange Act . “Exchange Act” shall mean the U.S. Securities Exchange Act of 1934, as amended.
Family Member . “Family Member”
shall mean, in respect of a natural Person, (i) a spouse of such Person, (ii) a descendant of such Person or of a such
Person’s spouse, (iii) such Person’s antecedent, (iv) such Person’
s brother or sister or (v) a spouse of any of the Persons referred to in clauses (ii), (iii), (iv) or (v)
above.
Founder . “Founder” shall mean Andrew Wright.
Fully Diluted Basis . “Fully Diluted Basis”
shall mean all issued and outstanding shares of common stock, preferred stock and other kinds of capital stock or
voting securities, with all convertible and exercisable securities (or other rights to acquire capital stock) deemed converted or exercised, as the case may be, into shares
of capital stock in accordance with their terms, whether or not then currently vested, exercisable, exchangeable or convertible.
GAAP . “GAAP” shall mean generally accepted accounting principles in the United States applied on a consistent basis.
Governmental Authorization . “Governmental Authorization”
shall mean any: permit, license, certificate, franchise, permission, clearance, registration,
qualification or authorization issued, granted, given or otherwise made available by or under the authority of any Governmental Body or pursuant to any Legal
Requirement.
Governmental Body . “Governmental Body”
shall mean any: (a) nation, state, commonwealth, province, territory, county, municipality, district or other
jurisdiction of any nature; (b) federal, state, local, municipal, foreign or other government; or (c) governmental or quasi
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governmental authority of any nature
(including any governmental division, department, agency, commission, instrumentality, official, organization, unit, body or Entity and any court or other tribunal).
Knowledge . “Knowledge” shall mean information or matters of which the Company’
s principal executive officer, principal financial officer or principal
technology officer actually know or should have reasonably known given the nature of his or her duties in the Company; provided, however,
that with respect to
Intellectual Property and Intellectual Property Rights, the term “should have reasonably known”
does not require the Company, or any of the foregoing officers, to
conduct, have conducted, obtain or have obtained any freedom-to-
operate opinions or similar opinions of counsel or any patent, trademark, or other Intellectual
Property Rights or Intellectual Property clearance searches, and Company will not be imputed to have knowledge of any third party patents, trademarks or other
Intellectual Property Rights or Intellectual Property that were not actually known by the foregoing officers but that would have been revealed by such inquiries,
opinions or searches.
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