definiens: means, with respect to any Person, such Person ’s directors, officers, employees, advisors ( including attorneys, accountants, consultants, investment bankers, and financial advisors),agents and other representatives ; 78 ( u ) means collectively, with respect to Omega or Beta, asapplicable ( A ) the audited consolidated statements of operations, shareholders ’ equity and cash flows of such partyfor the fiscal years ended December 31, 2016, December 31, 2017 and December 31, 2018, and the related auditedconsolidated balance sheets as of the end of such fiscal years and ( B ) the unaudited consolidated statement ofoperations of such party for the fiscal quarters ending March 31, 2018, June 30, 2018 and September 30, 2018, andthe related unaudited consolidated balance sheet as of the end of such fiscal quarters ; ( v ) means any Action against Beta, the Surviving Corporation or the SurvivingCompany related to the Beta Contingent RSUs, including any Actions brought by any holder of Beta ContingentRSUs ; ( w ) means the Sarbanes - Oxley Act of 2002 ; ( x ) means, with respect to any Person, any other Person of which stock or otherequity interests having ordinary voting power to elect more than 50 % of the board of directors or other governing bodyare owned, directly or indirectly, by such first Person ; ( y ) means all of the following used by or for, or otherwise relied on by, with respectto Beta, Beta or any of its Subsidiaries, and with respect to Omega, Omega or any of its Subsidiaries : computers, computer systems, servers, hardware, software, firmware, middleware, websites, databases, networks, servers, workstations, routers, hubs, switches, data communication equipment and lines, telecommunications equipment andlines, co - location facilities and equipment, and all other information technology equipment and related items ofautomated, computerized or software systems, including any outsourced systems and processes ( e.g., hostinglocations ) and all associated documentation