definiens: means shares of Beta Common Stock that are issued in respectof, and pursuant to the terms and conditions of, the Beta RSUs set forth on Section 2.3 of the Beta Disclosure Letter;(ii ) shall mean, with respect to a Beta Contingent RSU, to vest and become non - forfeitable in accordancewith the terms and conditions of the Beta Stock Plans, grant agreement, award agreement and/or other Contract(s)governing the terms of such Beta Contingent RSU ; and ( iii ) shall mean, with respect to a Beta ContingentRSU, to expire and no longer be capable of vesting or being converted into Beta Common Stock in accordance withthe terms and conditions of the Beta Stock Plans, grant agreement, award agreement and/or other Contract(s)governing the terms of such Beta Contingent RSU ; provided, that, in the event the a court has finally determined thatany Beta Contingent RSUs have Vested or Expired or such determination is agreed in a settlement ( that is subject toSection 2.6 ), such determination of such court or settlement shall be final and binding for purposes of determiningwhat is Vested or Expired under this Section 2.3