CASH 2018 Special Proxy Statement

“ Company Financial Statements ” has the meaning set forth in Section 3.08(a). “ Company Intellectual Property ” means the Intellectual Property used in or held for use in the conduct of the business of Company and its Subsidiaries. “ Company Insurance Policy ” has the meaning set forth in Section 3.23(j). “ Company Loan ” has the meaning set forth in Section 3.23(d). “ Company Material Contracts ” has the meaning set forth in Section 3.13(a). “ Company Meeting ” has the meaning set forth in Section 5.04(a). “ Company Options ” means each outstanding option issued pursuant to a Company Equity Plan or a predecessor plan to purchase Company Common Shares that is outstanding immediately prior to the Effective Time. “ Company Parties ” has the meaning set forth in the preamble to this Agreement. “ Company Party Disclosure Schedule ” has the meaning set forth in Section 3.01(a). “ Company Plan Affiliate ” means Company, any Company Subsidiary or any other Person, and any predecessor thereof, who is or was (at a relevant time with respect to which Company has any liability) treated as a single employer or under common control under Section 414 of the Code or Section 4001 of ERISA. “ Company Preferred Shares ” means the preferred shares, $0.01 par value per share, of Company. “ Company Real Property ” has the meaning set forth in Section 3.31(a). “ Company Recommendation ” has the meaning set forth in Section 5.04(a)(ii). “ Company Regulatory Agreement ” has the meaning set forth in Section 3.14. “ Company Representatives ” has the meaning set forth in Section 5.10(a). “ Company Subsequent Determination ” has the meaning set forth in Section 5.10(d). “ Company Unaudited Financial Statements ” has the meaning set forth in Section 3.08(a). “ Confidentiality Agreements ” has the meaning set forth in Section 5.20. “ D&O Insurance ” has the meaning set forth in Section 5.11(c). “ DE Certificate of Merger ” has the meaning set forth in Section 1.05(a). “ Derivative Transaction ” means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction, in each case, relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, catastrophe events, weather-related events, credit-related events or conditions or any indexes, or any other similar transaction (including any option with respect to any of these transactions) or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to any such transaction or transactions. A-65