Definition of Pre-Closing Holders

  1. Pre-Closing Holders means all Persons who hold one or more Common Shares, Time-Based Options, vested Performance-Based Options (including Performance-Based Options that vest as a result of the Merger) or SARs immediately prior to the Effective Time.

Definition of Pre-Closing Holders in Agreement and Plan of Merger

Pre-Closing Holders means all Persons who hold one or more Common Shares, Time-Based Options, vested Performance-Based Options (including Performance-Based Options that vest as a result of the Merger) or SARs immediately prior to the Effective Time.