Common use of Beneficial Ownership of Shares Clause in Contracts

Beneficial Ownership of Shares. As of the date hereof, HK does not "beneficially own" (as defined in Rule 13d-3 under the Exchange Act) more than 1% of the outstanding shares of Common Shares or any securities convertible into, or exchangeable for, Common Shares. HK will not buy additional Common Shares between the date of this Agreement and the Closing.