definiens: shall mean the period from and after the Signing Date until the later of ( i ) the first ( 1st)anniversary of the date as of which the Investor ceases to have the right to appoint a Designated Directorpursuant to Section 5.12 and ( ii ) the date as of which the Investor holds less than five percent ( 5 % ) of thethen outstanding share capital of the Company . or shall mean any federal, state, local, or non - U.S. income, gross receipts, license, payroll, employment, excise, severance, stamp, occupation, premium, windfall profits, environmental, customsduties, capital stock, franchise, profits, withholding, social security ( or similar ), unemployment, disability, realproperty, personal property, sales, use, transfer, registration, value added, alternative or add - on minimum, estimated, or other tax of any kind whatsoever, including any interest, penalty, or addition thereto, whetherdisputed or not