Common use of Availability of Rule 144 Clause in Contracts

Availability of Rule 144. MODENA and EPS shareholders holding “restricted securities,” as that term is defined in Rule 144 promulgated pursuant to the Securities Act will remain as “restricted securities”. MODENA is under no obligation to register such shares under the Securities Act, or otherwise. The stockholders of MODENA and EPS holding restricted securities of MODENA and EPS as of the date of this Agreement and their respective heirs, administrators, personal representatives, successors and assigns, are intended third party beneficiaries of the provisions set forth herein. The covenants set forth in this Section 4.2 shall survive the Closing and the consummation of the transactions herein contemplated.

Availability of Rule 144. MODENA REGENESIS and EPS IAM shareholders holding “restricted securities,” , “ as that term is defined in Rule 144 promulgated pursuant to the Securities Act will remain as “restricted securities”. MODENA REGENESIS is under no obligation to register such shares under the Securities Act, or otherwise. The stockholders of MODENA REGENESIS and EPS IAM holding restricted securities of MODENA REGENESIS and EPS IAM as of the date of this Agreement and their respective heirs, administrators, personal representatives, successors and assigns, are intended third party beneficiaries of the provisions set forth herein. The covenants set forth in this Section 4.2 shall survive the Closing and the consummation of the transactions herein contemplated.

Availability of Rule 144. MODENA EXXXXXX and EPS UNIVERSAL FOG shareholders holding “restricted securities,” , “ as that term is defined in Rule 144 promulgated pursuant to the Securities Act will remain as “restricted securities”. MODENA EXXXXXX is under no obligation to register such shares under the Securities Act, or otherwise. The stockholders of MODENA EXXXXXX and EPS UNIVERSAL FOG holding restricted securities of MODENA EXXXXXX and EPS UNIVERSAL FOG as of the date of this Agreement and their respective heirs, administrators, personal representatives, successors and assigns, are intended third party beneficiaries of the provisions set forth herein. The covenants set forth in this Section 4.2 shall survive the Closing and the consummation of the transactions herein contemplated.

Availability of Rule 144. MODENA Holdings and EPS Group shareholders holding “restricted securities,” , “ as that term is defined in Rule 144 promulgated pursuant to the Securities Act will remain as “restricted securities”. MODENA Holdings is under no obligation to register such shares under the Securities Act, or otherwise. The stockholders of MODENA Holdings and EPS Group holding restricted securities of MODENA Holdings and EPS Group as of the date of this Agreement and their respective heirs, administrators, personal representatives, successors and assigns, are intended third party beneficiaries of the provisions set forth herein. The covenants set forth in this Section 4.2 shall survive the Closing and the consummation of the transactions herein contemplated.