(jj) Own, Owned, Owner, Ownership means a person or Entity will be deemed to Own, to have Owned, to be the Owner of, or to have acquired Ownership of securities if such person or Entity, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise, has or shares voting power, which includes the power to vote or to direct the voting, with respect to such securities.
(kk) Participant means a person to whom an Award is granted pursuant to the Plan or, if applicable, such other person who holds an outstanding Stock Award.
(ll) Performance Cash Award means an award of cash granted pursuant to the terms and conditions of Section 6(c)(ii).
(mm) Performance Criteria means the one or more criteria that the Board will select for purposes of establishing the Performance Goals for a Performance Period. The Performance Criteria that will be used to establish such Performance Goals may be based on any one of, or combination of, the following as determined by the Board: (i) earnings (including earnings per share and net earnings); (ii) earnings before interest and taxes; (iii) earnings before interest, taxes and depreciation; (iv) earnings before interest, taxes, depreciation and/or amortization; (v) earnings before interest, taxes, depreciation, amortization and legal settlements; (vi) earnings before interest, taxes, depreciation, amortization, legal settlements and other income (expense); (vii) earnings before interest, taxes, depreciation, amortization, legal settlements, other income (expense) and stock-based compensation; (viii) earnings before interest, taxes, depreciation, amortization, legal settlements, other income (expense), stock-based compensation and changes in deferred revenue; (ix) earnings before interest, taxes, depreciation, amortization, legal settlements, other income (expense), stock-based compensation, other non-cash expenses and changes in deferred revenue; (x) total stockholder return; (xi) return on equity or average stockholders equity; (xii) return on assets, investment, or capital employed; (xiii) return on operating revenue; (xiv) margin (including gross margin); (xv) income (before or after taxes); (xvi) operating income (before or after taxes); (xvii) operating income after taxes; (xviii) operating income before interest and taxes; (xix) operating income before interest, taxes, depreciation and amortization; (xx) pre-tax profit; (xxi) operating cash flow; (xxii) sales or revenue targets; (xxiii) increases in revenue or product revenue; (xxiv) improvement in or attainment of working capital levels; (xxv) economic value added (or an equivalent metric); (xxvi) cash flow; (xxvii) cash flow per share; (xxviii) cash balance; (xxix) cash burn; (xxx) cash collections; (xxxi) debt reduction; (xxxii) implementation or completion of projects or processes (including, without limitation, clinical trial initiation, clinical trial enrollment and dates, clinical trial results, regulatory filing submissions, regulatory filing acceptances, regulatory or advisory committee interactions, regulatory approvals, and product supply); (xxxiii) stockholders equity; (xxxiv) capital expenditures; (xxxv) debt levels; (xxxvi) operating profit or net operating profit; (xxxvii) workforce diversity; (xxxviii) net income or growth of net income or operating income; (xxxix) billings; (xl) bookings; (xli) employee retention; (xlii) initiation of studies by specific dates; (xliii) budget management; (xliv) submission to, or approval by, a regulatory body (including, but not limited to the U.S. Food and Drug Administration) of an applicable filing or a product; (xlv) regulatory milestones; (xlvi) safety performance; (xlvii) sustainability or environmental performance; (xlviii) progress of internal research or development programs; (xlix) acquisition of new customers; (l) customer retention and/or repeat order rate; (li) improvements in sample and test processing times; (lii) progress of partnered programs; (liii)