Common use of Company Common Stock Clause in Contracts

Company Common Stock. Subject to the terms and conditions of this Agreement, at the Effective Time, by virtue of the First Merger and without any action on the part of any holder of Company Capital Stock, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to the Effective Time shall be cancelled and extinguished and automatically converted into the right to receive:

Company Common Stock. Subject to the terms and conditions of this Agreement, at the Effective Time, by virtue of the First Merger and without any action on the part of any holder of Company Capital Stock, each share of Company Common Stock held by an Accredited Unaccredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to the Effective Time shall be cancelled and extinguished and automatically converted into the right to receive:

Company Common Stock. Subject to the terms and conditions of this Agreement, at the Effective Time, by virtue of At the First Merger Effective Time (and, for the avoidance of doubt, following the Warrant Settlement and without any action on the part of any holder of Company Capital StockPreferred Stock Conversion), each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to the First Effective Time shall will be automatically cancelled and extinguished and automatically converted into the right to receive:receive the Company Closing Share Consideration, as set forth on the Allocation Schedule. Each share of Company Capital Stock held in the treasury of the Company immediately prior to the First Effective Time (the “Excluded Shares”) shall be cancelled and no payment or distribution shall be made with respect thereto.

Company Common Stock. Subject to On the terms and subject to the conditions of set forth in this Agreement, at the Effective Time, by virtue of the First Merger and without any action on the part of any holder of Company Capital Stock, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and that is outstanding immediately prior to the Effective Time shall shall, by virtue of the Merger and without the need for any further action on the part of the holder thereof (except as expressly provided herein), be cancelled and extinguished and automatically converted into and represent the right to receive:receive the number of shares of Parent Common Stock equal to the Stock Exchange Ratio.

Company Common Stock. Subject to the terms and conditions of this Agreement, at At the Effective Time, automatically by virtue of the First Merger and without any further action on by any of the part of parties hereto or any holder of Company Capital Stockother person, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to the Effective Time shall be cancelled and extinguished and automatically converted into the right to receive:receive one share of Holdings Common Stock upon compliance with the procedures specified in Article III of this Agreement. No shares of Company Common Stock shall be issued or outstanding after the Effective Time, except as set forth in Section 2.02 below.

Company Common Stock. Subject to the terms and conditions of this Agreement, at the Effective Time, by virtue of the First Merger and without any action on the part of any holder of Company Capital Stock, each Each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to the Effective Time shall will be cancelled and extinguished and automatically be converted into the right to receive:, upon surrender of the certificate representing such share of Company Common Stock in the manner provided in Section 2.8 hereof, the Per Share Common Merger Consideration, upon the terms and subject to the conditions set forth in this Agreement, including, without limitation, this Section 2.6 and the escrow and indemnification provisions set forth in Article X hereof.

Company Common Stock. Subject to On the terms and subject to the conditions of set forth in this Agreement, at the Effective Time, by virtue of the First Merger and without any further action on the part of any holder of Company Capital Stock, Company Options, Company Warrants or any other Person, at the Effective Time, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to the Effective Time (other than Dissenting Shares and shares owned by the Company) shall be cancelled canceled and be automatically extinguished and automatically converted into the right shall cease to receive:exist, and no payment shall be made in respect thereof.

Company Common Stock. Subject to the terms and conditions of this Agreement, at the Effective Time, by virtue of the First Merger and without any action on the part of any holder of Company Capital Stock, each Each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to the Effective Time shall be cancelled and extinguished extinguished, and upon the surrender of stock certificates representing shares of Company Common Stock (the “Certificates”), shall be automatically converted into the right for each Company Stockholder to receivereceive Merger Consideration, without interest thereon, as set forth below:

Company Common Stock. Subject to the terms and conditions provisions of this Agreement, at the Effective Time, automatically by virtue of the First Merger Merger, and without any action on the part of any holder of Company Capital StockPerson, each share of the common stock, no par value, of the Company (the “Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) Stock”), issued and outstanding immediately prior to the Effective Time (other than any Dissenting Shares or shares to be cancelled or retired in accordance with Section 2.4(a)) shall be cancelled and extinguished and automatically converted into the right to receive:receive the Per Share Merger Consideration.

Company Common Stock. Subject to At the Effective Time and on the terms and subject to the conditions of this Agreement, at each share of Company Common Stock issued and outstanding immediately prior to the Effective TimeTime shall, by virtue of the First Subsidiary Merger and without any action on the part of any holder of Company Capital StockParent, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to Merger Sub, or the Effective Time shall Company, be cancelled and extinguished and automatically shall be converted into the right to receive:receive the portions of the Merger Consideration, the Contingent Consideration and the Additional Consideration as set forth in the Merger Consideration Allocation Certificate.

Company Common Stock. Subject to the terms and conditions of this Agreement, at At the Effective Time, by virtue of the First Merger and Merger, without any action on the part of any party hereto or any holder thereof and subject to the adjustments and other provisions of Company Capital Stockthis Article 1, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to the Effective Time (except for shares held in the Company’s treasury) shall be cancelled canceled and extinguished and automatically converted into the right to receivereceive and become exchangeable for a fraction of a Merger Share equal to the Stock Exchange Ratio. For purposes of this Agreement:

Company Common Stock. Subject to At the Effective Time and on the terms and subject to the conditions of this Agreement, at each share of Company Common Stock issued and outstanding immediately prior to the Effective TimeTime (other than Dissenting Shares) shall, by virtue of the First Merger and without any action on the part of any holder of Company Capital StockParent, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to Merger Sub, or the Effective Time shall Company, be cancelled and extinguished and automatically shall be converted into the right to receive:receive a portion of the Aggregate Merger Consideration as set forth in the Merger Consideration Allocation Certificate.

Company Common Stock. Subject to the terms and conditions of this Agreement, at the Effective Time, by virtue of the First Merger and without any action on the part of any holder of Company Capital Stock, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to the Effective Time (other than Dissenting Shares) shall be cancelled and extinguished and automatically converted into the without any present or future right to receive:receive any portion of the Purchase Price or any other consideration, there being insufficient funds to qualify such shares for any distribution in accordance with the Company’s certificate of incorporation.

Company Common Stock. Subject to the terms and conditions of this Agreement, at the Effective Time, by virtue of the First Merger and without any action on the part of any holder of Company Capital Stock, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) that is issued and outstanding immediately prior to the Effective Time shall shall, by virtue of the Merger and without the need for any further action on the part of Acquirer, Sub, Company or the holder thereof (except as expressly provided herein), be cancelled and extinguished and automatically converted into and represent the right to receive:receive the Cash Amount Per Common Share, without interest.

Company Common Stock. Subject to the terms and conditions of this Agreement, at the Effective Time, by virtue of the First Merger and without any action on the part of any holder of Company Capital Stock, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) of the Company issued and outstanding immediately prior to the Effective Time (other than any Dissenting Shares) shall be cancelled and extinguished and automatically converted into for no consideration immediately prior to the right to receive:Effective Time.

Company Common Stock. Subject to At the Effective Time and on the terms and subject to the conditions of this Agreement, at each share of Company Common Stock issued and outstanding immediately prior to the Effective TimeTime shall, by virtue of the First Subsidiary Merger and without any action on the part of any holder of Company Capital StockParent, each share of Company Common Stock held by an Accredited Investor (other than any Disregarded Shares) issued and outstanding immediately prior to Merger Sub, or the Effective Time shall Company, be cancelled and extinguished and automatically shall be converted into the right to receive:receive the portions of the Merger Consideration, the Cash Bonus Consideration, the Contingent Consideration and the Additional Consideration as set forth in the Merger Consideration Allocation Certificate.