definiens: shall mean the direct or indirect acquisition, by a third party7 [ * ] Certain confidential information contained in this document, marked by brackets, has been omitted and filedseparately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, asamended . Confidential treatment has been requested with respect to this information.not affiliated with either Buyer or Seller, of either ( i ) not less than sixty percent ( 60 % ) of the votingstock of Buyer, or ( ii ) all or substantially all of the assets of Buyer, in a single transaction or seriesof related transactions, if more than sixty percent ( 60 % ) of the combined voting power of theapplicable purchaser ’s or continuing or surviving entity ’s securities outstanding immediately aftersuch transaction or series of related transactions is owned by Persons who were notstockholders of Buyer immediately prior to such transaction or series of related transactions