Common use of Capital Structure and Equity Ownership Clause in Contracts

Capital Structure and Equity Ownership. Schedule 3.6 hereto -------------------------------------- accurately and completely discloses (a) the number of shares and classes of equity ownership rights and interests of the Borrower (whether existing as common or preferred stock or warrants, options or other instruments convertible into such equity) and (b) the ownership thereof. All such shares and interests are validly existing, fully paid and non-assessable. There are no Equityholder Agreements with respect to the Borrower or any Subsidiary.

Capital Structure and Equity Ownership. Schedule 3.6 hereto -------------------------------------- accurately and completely discloses (as of the Closing Date or as of the date of any update to such Schedule) (a) the number of shares and classes of equity ownership rights and interests of the each Borrower authorized and/or outstanding (whether existing as common or preferred stock or including warrants, options or and other instruments convertible into such equity) ), and (b) with respect to each Borrower, the ownership thereof. All such shares and interests are validly issued and existing, fully paid and non-assessable. There are no Equityholder Agreements with respect to the Borrower or any Subsidiary.

Capital Structure and Equity Ownership. (a) Schedule 3.6 3.6A hereto -------------------------------------- accurately and completely discloses (a) the number of shares and classes of equity ownership rights and interests of the Borrower (whether existing as common or preferred stock stock, general or limited partnership interests, or limited liability company membership interests, or warrants, options or other instruments convertible into such equity) and (b) the ownership thereof. All such shares and interests are validly existing, fully paid and non-assessable. There are no Equityholder Agreements with respect to the Borrower or any Subsidiary.

Capital Structure and Equity Ownership. Schedule 3.6 3.19 hereto -------------------------------------- accurately and completely discloses discloses, as of the Restatement Closing Date, (ai) the number of shares and classes of equity ownership rights and interests of in the Borrower and each Subsidiary (whether existing as common or preferred stock stock, general or limited partnership interests, or limited liability company membership interests, or warrants, options or other instruments convertible into such equity) and (bii) the ownership thereof. All such shares and interests are validly existing, fully paid and non-assessable. There are no Equityholder Agreements with respect to the Borrower or any Subsidiary.