Common use of BY THE COMPANY AND EACH STOCKHOLDER Clause in Contracts

BY THE COMPANY AND EACH STOCKHOLDER. The Company and each Stockholder jointly and severally represent and warrant to, and agree with, TMI that all the following representations and warranties in this Article IV are true and correct: (a) the Organization State of the Company is the State of Connecticut, and the Company (i) is a corporation duly organized, validly existing and in good standing under the laws of that State, (ii) has all requisite corporate power and authority under those laws and its Charter Documents to own or lease and to operate its properties and to carry on its business as now conducted, and (iii) is duly qualified and in good standing as a foreign corporation in all jurisdictions (other than its Organization State) in which it owns or leases property or in which the carrying on of its business as now conducted so requires except where the failure to be so qualified, singly or in the aggregate, would not have a Material Adverse Effect; (b) the authorized Capital Stock of the Company is comprised of 5,000 shares of Company Common Stock, of which 1,000 shares have been issued and are now outstanding and no shares are held by the Company as treasury shares, and no outstanding Derivative Securities of the Company exist; (c) the representations and warranties contained in Article IV of the Uniform Provisions (the text of which Article hereby is incorporated herein by this reference) are true and correct, and the agreements set forth in that Article IV are agreed to.

BY THE COMPANY AND EACH STOCKHOLDER. The Company and each Stockholder jointly and severally represent and warrant to, and agree with, TMI that all the following representations and warranties in this Article IV are true and correct: (a) the Organization State of the Company is the State of ConnecticutTexas, and the Company (i) is a corporation duly organized, validly existing and in good standing under the laws of that State, (ii) has all requisite corporate power and authority under those laws and its Charter Documents to own or lease and to operate its properties and to carry on its business as now conducted, and (iii) is duly qualified and in good standing as a foreign corporation in all jurisdictions (other than its Organization State) in which it owns or leases property or in which the carrying on of its business as now conducted so requires except where the failure to be so qualified, singly or in the aggregate, would not have a Material Adverse Effect; (b) the authorized Capital Stock of the Company is comprised of 5,000 500,000 shares of Company Common Stock, of which 1,000 105,880 shares have been issued and are now outstanding and no shares are held by the Company as treasury shares, and no outstanding Derivative Securities of the Company exist; (c) the representations and warranties contained in Article IV of the Uniform Provisions (the text of which Article hereby is incorporated herein by this reference) are true and correct, and the agreements set forth in that Article IV are agreed to.

BY THE COMPANY AND EACH STOCKHOLDER. The Company and each Stockholder jointly and severally represent and warrant to, and agree with, TMI that all the following representations and warranties in this Article IV are true and correct: (a) the Organization State of the Company is the State of ConnecticutWashington, and the Company (i) is a corporation duly organized, validly existing and in good standing under the laws of that State, (ii) has all requisite corporate power and authority under those laws and its Charter Documents to own or lease and to operate its properties and to carry on its business as now conducted, and (iii) is duly qualified and in good standing as a foreign corporation in all jurisdictions (other than its Organization State) in which it owns or leases property or in which the carrying on of its business as now conducted so requires except where the failure to be so qualified, singly or in the aggregate, would not have a Material Adverse Effect; (b) the authorized Capital Stock of the Company is comprised of 5,000 50,000 shares of Company Common Stock, of which 1,000 20,400 shares have been issued and are now outstanding and no shares are held by the Company as treasury shares, and no outstanding Derivative Securities of the Company exist; (c) the representations and warranties contained in Article IV of the Uniform Provisions (the text of which Article hereby is incorporated herein by this reference) are true and correct, and the agreements set forth in that Article IV are agreed to.