definiens: within the meaning of Section13(d)(3 ) of the Exchange Act with respect to any voting securities of [COMPANY] US ; ( iv ) acquire, announce an intention toacquire, or agree to acquire, directly or indirectly, alone or in concert with others, by purchase, exchange or otherwise,(x ) any of the assets, tangible or intangible, of [COMPANY] US or ( y ) direct or indirect rights, warrants or options to acquireany assets of [COMPANY] US, other than in the ordinary course of business ; ( v ) enter into any arrangement orunderstanding with others to do any of the actions restricted or prohibited under clauses ( i ), ( ii ), ( iii ) or ( iv ) of thisSection 12.4(a ) ; ( vi ) otherwise act in concert with others, to seek to offer to [COMPANY] US or any of its stockholders anybusiness combination, restructuring, recapitalization or similar transaction to or with [COMPANY] US, or ( vii ) take anyaction to control or influence the management, Board of Directors or policies of [COMPANY] US