Common use of Certain Interests Clause in Contracts

Certain Interests. (a) Except as set forth in Section 3.19(a) of the Company Disclosure Schedule, no holder of greater than 3% of the voting power of the Company or its affiliates or any officer or director of the Company and, to the knowledge of the Company, no immediate relative or spouse (or immediate relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any creditor, competitor, supplier manufacturer, agent, representative, distributor or customer of the Company; provided, however, that the ownership of securities -------- ------- representing no more than 3% of the outstanding voting power of any creditor competitor, supplier manufacturer, agent, representative, distributor or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" as long as the person owning such securities has no other connection or relationship with such competitor, supplier, agent, distributor or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest, in any tangible or intangible property which the Company uses in the conduct of its business (except for any such ownership or interest resulting from the ownership of securities in a public company); (iii) has any claim or cause of action against the Company; or (iv) has outstanding any indebtedness to the Company. (b) Except as set forth in Section 3.19(b) of the Company Disclosure Schedule and except for the payment of employee compensation in the ordinary course of business, consistent with past practice, the Company does not have any liability or any other obligation of any nature whatsoever to any Company Stockholder or any affiliate thereof or to any officer or director of the Company or, to the knowledge of the Company, to any immediate relative or spouse (or immediate relative of such spouse) of any such officer or director.

Certain Interests. (a) Except as set forth in Section 3.19(a) of the Company Disclosure Schedule, no No holder of greater than 31% of the voting power of the Company or its affiliates or any officer or director of the Company and, to the knowledge of the Company, no immediate relative or spouse (or immediate relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any creditor, competitor, supplier manufacturer, agent, representative, distributor or customer of the Company; provided, however, that the ownership of securities -------- ------- representing no more than 31% of the outstanding voting power of any creditor creditor, competitor, supplier manufacturer, agent, representative, distributor or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "“financial interest" ” as long as the person owning such securities has no other connection or relationship with such creditor, competitor, suppliersupplier manufacturer, agent, representative, distributor or customer;; or (ii) owns, directly or indirectly, in whole or in part, or has any other interestinterest in, in any tangible or intangible property which that the Company uses in the conduct of its business (except for any such ownership or interest resulting from the ownership of securities in a public company); (iii) has any claim or cause of action against the Company; or (iv) has outstanding any indebtedness to the Company. (b) Except as set forth in Section 3.19(b) of the Company Disclosure Schedule and except for the payment of employee compensation in the ordinary course of business, consistent with past practice, the Company does not have any liability or any other obligation of any nature whatsoever to any Company Stockholder or any affiliate thereof or to any officer or director of the Company orCompany, to the knowledge of the Company, to any immediate relative or spouse (or immediate relative of such spouse) of any such officer or director.

Certain Interests. (a) Except as set forth in Section 3.19(a) of the Company Disclosure Schedule, no No holder of greater than 35% of the voting power of the Company or its affiliates or any officer or director of the Company and, to the knowledge of the CompanyCompany and the Principal Shareholder, no immediate relative or spouse (or immediate relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any creditor, competitor, supplier manufacturer, agent, representative, distributor or customer of the Company; provided, however, that the ownership of securities -------- ------- representing no more than 31% of the outstanding voting power of any creditor creditor, competitor, supplier manufacturer, agent, representative, distributor or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "“financial interest" ” as long as the person owning such securities has no other connection or relationship with such creditor, competitor, suppliersupplier manufacturer, agent, representative, distributor or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interestinterest in, in any tangible or intangible property which that the Company uses in the conduct of its business (except for any such ownership or interest resulting from the ownership of securities in a public company); (iii) to the knowledge of the Company and the Principal Shareholder has any claim or cause of action against the Company; or (iv) except as set forth in Section 3.19(a) of the Company Disclosure Schedule, has outstanding any indebtedness to the Company. (b) Except as set forth in Section 3.19(b) of the Company Disclosure Schedule and except for the payment of employee compensation in the ordinary course of business, consistent with past practice, the Company does not have any liability or any other obligation of any nature whatsoever to any Company Stockholder or any affiliate thereof Shareholder or to any officer or director of the Company or, to the knowledge of the CompanyCompany and the Principal Shareholder, to any immediate relative or spouse (or immediate relative of such spouse) of any such officer or director.

Certain Interests. (a) Except as set forth in Section 3.19(a) ----------------- 3.19 of the Company Disclosure Schedule, no holder of greater than 31% of the outstanding voting power of the Company or its affiliates or any officer or director of the Company and, to the knowledge of the Company, no immediate relative or spouse (or immediate relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any creditor, competitor, supplier manufacturer, agent, representative, distributor or customer of the Company; provided, however, that the ownership of securities -------- ------- representing no more than 31% of the outstanding voting power of any creditor creditor, competitor, supplier manufacturer, agent, representative, distributor or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" as long as the person owning such securities has no other connection or relationship with such competitor, supplier, agent, distributor or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest, in any tangible or intangible property which that the Company uses in the conduct of its business (except for any such ownership or interest resulting from the ownership of securities in a public company); (iii) has any claim or cause of action against the CompanyCompany ; or or (iv) has outstanding any indebtedness to the Company. (b) Except as set forth in Section 3.19(b) 3.19 of the Company Disclosure Schedule and Schedule, except for the payment of employee compensation in the ordinary course of business, consistent with past practice, the Company does not have any has no liability or any other obligation of any nature whatsoever to any stockholder of the Company Stockholder or any affiliate thereof or to any officer or director of the Company or, to the knowledge of the Company, to any immediate relative or spouse (or immediate relative of such spouse) of any such officer or director.

Certain Interests. (a) Except as set forth in Section 3.19(a) of the Company Disclosure ScheduleNo Affiliate, no holder of greater than 3% of the voting power of the Company or its affiliates or any officer or director of the Company and, to the knowledge of the Company, no immediate relative or spouse (or immediate relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any creditor, competitor, supplier manufacturer, agent, representative, distributor or customer of the Company; provided, however, that (A) the ownership of securities -------- ------- representing no more than 35% of the outstanding voting power of any creditor creditor, competitor, supplier manufacturer, agent, representative, distributor or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" as long as the person owning such securities has no other connection or relationship with such creditor, competitor, suppliersupplier manufacturer, agent, representative, distributor or customer, and (B) ownership of securities held by or acquired through a venture capital fund shall not constitute a "financial interest"; (ii) owns, directly or indirectly, in whole or in part, or has any other interestinterest in, in any tangible or intangible property which that the Company uses in the conduct of its business (except for any such ownership or interest resulting from the ownership of securities in a public companycompany or ownership or interest held by or acquired through a venture capital fund); (iii) has any claim or cause of action against the Company; or (iv) has outstanding any indebtedness to the Company. (b) Except as set forth in Section 3.19(b) of the Company Disclosure Schedule and except for the payment of employee compensation in the ordinary course of business, consistent with past practice, the Company does not have any has no liability or any other obligation of any nature whatsoever to any Company Stockholder or any affiliate thereof or to any officer or director of the Company or, to the knowledge of the Company, to any immediate relative or spouse (or immediate relative of such spouse) of any such officer or director.

Certain Interests. (a) Except as set forth in Section 3.19(a) of the Company Disclosure Schedule, no holder of greater No shareholders owning more than 35% of the voting power Company, any affiliate of the Company or its affiliates or any such shareholder, any officer or director of the Company andCompany, or to the knowledge of the Company, no any immediate relative or spouse (or immediate relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any creditor, competitor, supplier supplier, manufacturer, agent, representative, distributor or customer of the Company; provided, however, that the ownership of securities -------- ------- representing no more than 31% of the outstanding voting power of any creditor creditor, competitor, supplier supplier, manufacturer, agent, representative, distributor or customer, and which securities are listed on any national securities exchange or actively traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" as long as the person Person owning such securities has no other connection or relationship with such competitor, suppliersupplier or customer, manufacturer, agent, representative, distributor or customercustomer of the Company; (ii) owns, directly or indirectly, in whole or in part, or has any other interest, interest in any tangible or intangible property which that the Company uses in the conduct of its business (except for any such ownership or interest resulting from the ownership of securities in a public company); (iii) has any claim or cause of action against the Company; or (iv) except as set forth in Section 3.20(a)(iv) of the Company Disclosure Schedule, has outstanding any indebtedness to the Company. (b) Except as set forth in Section 3.19(b3.20(b) of the Company Disclosure Schedule and Schedule, except for the payment of employee compensation in the ordinary course of business, consistent with past practice, the Company does not have any has no liability or any other obligation of any nature whatsoever to any shareholder of the Company Stockholder or any affiliate thereof or to any officer or director of the Company orCompany, or to the knowledge of the Company, to any immediate relative or spouse (or immediate relative of such spouse) of any such officer or director.