Common use of Capital Stock of the Merger Sub Clause in Contracts

Capital Stock of the Merger Sub. Each share of common stock of the Merger Sub, par value $0.001 per share (the “Merger Sub Common Stock”), issued and outstanding immediately prior to the Effective Time shall be converted into one share of common stock, par value $0.001 per share, of the Surviving Entity.

Capital Stock of the Merger Sub. Each share of the common stock of the Merger Substock, par value $0.001 0.01 per share (share, of the “Merger Sub Common Stock”), issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving EntityCorporation.

Capital Stock of the Merger Sub. Each share of the common stock of the Merger Substock, par value $0.001 0.01 per share (share, of the “Merger Sub Common Stock”), issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, par value $0.001 0.01 per share, of the Surviving EntityCorporation.

Capital Stock of the Merger Sub. Each issued and outstanding share of the common stock of the Merger Substock, par value $0.001 0.01 per share share, of the Merger Sub (the “Merger Sub Common Stock”), issued and outstanding immediately prior to the Effective Time shall ) will be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 1.00 per share, of the Surviving EntityCorporation (the “Surviving Corporation Stock”). Each certificate representing outstanding shares of the Merger Sub Stock shall at the Effective Time represent an equal number of shares of Surviving Corporation Stock.

Capital Stock of the Merger Sub. Each share All shares of common stock of the Merger Sub, par value $0.001 per share (the “Merger Sub Common Stock”), issued and outstanding immediately prior to the Effective Time shall be converted into one share and become an aggregate number of fully paid and nonassessable shares of common stock, $0.01 par value $0.001 per share, of the Surviving EntityCorporation equal to the number of shares of Seller Common Stock and Seller Stock Options issued and outstanding immediately prior to the Effective Time.

Capital Stock of the Merger Sub. Each share of the common stock of the Merger Sub, par value $0.001 per share (the “Merger Sub Common Stock”), issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving EntityCorporation. From and after the Effective Time, all certificates representing the common stock of the Merger Sub shall be deemed for all purposes to represent the number of shares of common stock of the Surviving Corporation into which they were converted in accordance with this Section 2.1(a).

Capital Stock of the Merger Sub. Each share of the common stock stock, $0.001 par value per share, of the Merger Sub, par value $0.001 per share (the “Merger Sub Common Stock”), that is issued and outstanding as of immediately prior to the Effective Time shall be converted into and become one (1) fully paid and nonassessable share of common stock, $0.001 par value $0.001 per share, of the Surviving EntityCorporation.

Capital Stock of the Merger Sub. Each share of common stock of the Merger Sub’s common stock, par value of $0.001 per share (the “Merger Sub Common Stock”)share, issued and outstanding immediately prior to before the Effective Time shall be converted into one share of common stock, par value of $0.001 0.002 per share, of the Surviving EntityCorporation.