Commonly Controlled Entity means any person or entity that, together with
the Company or any of its Subsidiaries, is at any relevant time treated as a single employer under Section 414(b), (c), (m) or (o) of the Code or Section 4001(b) of ERISA.
Company 2023 Notes means the Companys 0.375% convertible senior notes due 2023 issued under the Indenture, dated as
of January 17, 2018, between the Company and the Trustee.
Company 2025 Notes means the Companys 0.125%
convertible senior notes due 2025 issued under the Indenture, dated as of June 11, 2019, between the Company and the Trustee.
Company 2026 Notes means the Companys 0.375% convertible senior notes due 2026 issued under the Indenture, dated
June 15, 2020, between the Company and the Trustee.
Company Charter Documents means the Companys
certificate of incorporation and bylaws, each as amended to the date of this Agreement.
Company Convertible Notes
means, collectively, the Company 2023 Notes, the Company 2025 Notes and the Company 2026 Notes.
Company Equity Plans
means the Companys 2006 Stock Plan and the Companys 2016 Equity Incentive Plan.
Company ESPP means the
Companys 2016 Employee Stock Purchase Plan.
Company IP means (i) all Registered Company Intellectual
Property and (ii) all other Intellectual Property owned or purported to be owned by the Company or any of its Subsidiaries that is material to the conduct of the business of the Company and its Subsidiaries, taken as a whole, as currently
conducted.
Company IT Systems means all computers, software, servers, workstations, routers, hubs, switches, circuits,
networks, data communications lines and other information technology infrastructure and equipment owned, leased, licensed, or controlled by the Company or any of its Subsidiaries and that are material to the conduct of the business of the Company
and its Subsidiaries, taken as a whole, as currently conducted.
Company Lease means any lease, sublease, sub-sublease, license and other agreement under which the Company or any of its Subsidiaries leases, subleases, licenses, uses or occupies (in each case whether as landlord, tenant, sublandlord, subtenant or by
other occupancy arrangement), or has the right to use or occupy, now or in the future, any real property.
Company
Options means any options to purchase shares of Company Common Stock, whether granted pursuant to the Company Equity Plan or otherwise.
Company Plan means each plan, program, policy, agreement or other arrangement, including those covering current or former
employees, directors, consultants or other individual service providers, that is (i) an employee welfare plan within the meaning of Section 3(1) of ERISA (whether or not subject to ERISA), (ii) an employee pension benefit plan within
the meaning of Section 3(2) of ERISA (whether or not subject to ERISA) other than any plan that is a multiemployer plan (as defined in Section 4001(a)(3) of ERISA (whether or not subject to ERISA)), (iii) a stock option,
stock purchase, stock appreciation right or other stock-based agreement, program, arrangement or plan, (iv) an individual employment, consulting, severance, retention, change in control or other similar agreement, (v) a bonus, incentive,
deferred compensation, profit-sharing, retirement, post-retirement, vacation, severance or termination pay, benefit or fringe benefit plan, program, policy, agreement or arrangement, or (vi) any other compensation or benefit plan, program,
policy, agreement or arrangement, in each case that is sponsored, maintained, contributed to or required to be contributed to by the Company or any of its Subsidiaries or with respect to which the Company or any of its Subsidiaries contributes or is
obligated to
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