Common use of Consideration for Shares of Company Stock Clause in Contracts

Consideration for Shares of Company Stock. (a) Pursuant to the terms of this Agreement, at Closing: (1) the Shareholders shall assign, transfer, and deliver to Fenix the certificate or certificates representing all of their respective shares of the Company’s common stock and collectively representing all of the Company’s issued and outstanding shares of capital stock, with each certificate duly endorsed for transfer to Fenix or accompanied by a duly executed assignment separate from certificate; and (2) Fenix will acquire the shares of the Company’s capital stock from the Shareholders for Consideration consisting of (i) $6,511,048 in cash in the aggregate, which shall be paid to the Shareholders by a wire transfer of immediately available funds upon Fenix’s receipt of the net proceeds from the IPO, and (ii) 600,000 shares of Fenix Stock (or if the IPO Price is less than $10.00, the Shareholders will receive a number of shares in the aggregate of Fenix Stock equal to the quotient obtained by dividing $6,000,000 by the greater of $9.00 or the IPO Price (rounding any fractional share upwards to a whole share)), which shall be paid by delivery of stock certificates registered in the Shareholders’ names. (b) The number of shares of the Company’s capital stock that each Shareholder owns and will deliver to Fenix and the cash and number of shares of Fenix Stock to be delivered to each Shareholder (assuming that the IPO Price is $10.00) are shown on Schedule 2.1(b). (c) The cash component of the Consideration shall be subject to adjustment as provided in Sections 2.2, 2.3, 2.4 and 2.5.

Consideration for Shares of Company Stock. (a) Pursuant to the terms of this Agreement, at Closing: (1) the Shareholders shall assign, transfer, and deliver to Fenix the certificate or certificates representing all of their respective shares of the Company’s common stock and collectively representing all of the Company’s issued and outstanding shares of capital stock, with each certificate duly endorsed for transfer to Fenix or accompanied by a duly executed assignment separate from certificate; and (2) Fenix will acquire the shares of the Company’s capital stock from the Shareholders for Consideration consisting of (i) $6,511,048 2,640,000 in cash in the aggregate, which shall be paid to the Shareholders by a wire transfer of immediately available funds upon Fenix’s receipt of the net proceeds from the IPO, and (ii) 600,000 154,000 shares of Fenix Stock (or if the IPO Price is less than $10.00, the Shareholders will receive a number of shares in the aggregate of Fenix Stock equal to the quotient obtained by dividing $6,000,000 1,540,000 by the greater of $9.00 or the IPO Price (rounding any fractional share upwards to a whole share)), which shall be paid by delivery of stock certificates registered in the Shareholders’ names. (b) The number of shares of the Company’s capital stock that each Shareholder owns and will deliver to Fenix and the cash and number of shares of Fenix Stock to be delivered to each Shareholder (assuming that the IPO Price is $10.00) are shown on Schedule 2.1(b). (c) The cash component of the Consideration shall be subject to adjustment as provided in Sections 2.2, 2.3, 2.4 and 2.5.

Consideration for Shares of Company Stock. (a) Pursuant to the terms of this Agreement, at Closing: (1) the Shareholders shall assign, transfer, and deliver to Fenix the certificate or certificates representing all of their respective shares of the Company’s common stock and collectively representing all of the Company’s issued and outstanding shares of capital stock, with each certificate duly endorsed for transfer to Fenix or accompanied by a duly executed assignment separate from certificate; and (2) Fenix will acquire the shares of the Company’s capital stock from the Shareholders for Consideration consisting of (i) $6,511,048 7,770,000 in cash in the aggregate, which shall be paid to the Shareholders by a wire transfer of immediately available funds upon Fenix’s receipt of the net proceeds from the IPO, and (ii) 600,000 518,000 shares of Fenix Stock (or if the IPO Price is less than $10.00, the Shareholders will receive a number of shares in the aggregate of Fenix Stock equal to the quotient obtained by dividing $6,000,000 5,180,000 by the greater of $9.00 or the IPO Price (rounding any fractional share upwards to a whole share)), which shall be paid by delivery of stock certificates registered in the Shareholders’ names. (b) The number of shares of the Company’s capital stock that each Shareholder owns and will deliver to Fenix and the cash and number of shares of Fenix Stock to be delivered to each Shareholder (assuming that the IPO Price is $10.00) are shown on Schedule 2.1(b). (c) The cash component of the Consideration shall be subject to adjustment as provided in Sections 2.2, 2.3, 2.4 and 2.5.

Consideration for Shares of Company Stock. (a) Pursuant to the terms of this Agreement, at Closing: (1) the Shareholders shall assign, transfer, and deliver to Fenix the certificate or certificates representing all of their respective shares of the Company’s common stock and collectively representing all of the Company’s issued and outstanding shares of capital stock, with each certificate duly endorsed for transfer to Fenix or accompanied by a duly executed assignment separate from certificate; and (2) Fenix will acquire the shares of the Company’s capital stock from the Shareholders for Consideration consisting of (i) $6,511,048 6,381,760 in cash in the aggregate, which shall be paid to the Shareholders by a wire transfer of immediately available funds upon Fenix’s receipt of the net proceeds from the IPO, and (ii) 600,000 273,504 shares of Fenix Stock (or if the IPO Price is less than $10.00, the Shareholders will receive a number of shares in the aggregate of Fenix Stock equal to the quotient obtained by dividing $6,000,000 2,735,040 by the greater of $9.00 or the IPO Price (rounding any fractional share upwards to a whole share)), which shall be paid by delivery of stock certificates registered in the Shareholders’ names. (b) The number of shares of the Company’s capital stock that each Shareholder owns and will deliver to Fenix and the cash and number of shares of Fenix Stock to be delivered to each Shareholder (assuming that the IPO Price is $10.00) are shown on Schedule 2.1(b). (c) The cash component of the Consideration shall be subject to adjustment as provided in Sections 2.2, 2.3, 2.4 2.4, 2.5 and 2.52.6.

Consideration for Shares of Company Stock. (a) Pursuant to the terms of this Agreement, at Closing: (1) the Shareholders shall assign, transfer, and deliver to Fenix the certificate or certificates representing all of their respective shares of the Company’s common stock and collectively representing all of the Company’s issued and outstanding shares of capital stock, with each certificate duly endorsed for transfer to Fenix or accompanied by a duly executed assignment separate from certificate; and (2) Fenix will acquire the shares of the Company’s capital stock from the Shareholders for Consideration consisting of (i) $6,511,048 9,253,000 in cash in the aggregate, which shall be paid to the Shareholders by a wire transfer of immediately available funds upon Fenix’s receipt of the net proceeds from the IPO, and (ii) 600,000 545,467 shares of Fenix Stock (or if the IPO Price is less than $10.00, the Shareholders will receive a number of shares in the aggregate of Fenix Stock equal to the quotient obtained by dividing $6,000,000 5,454,670 by the greater of $9.00 or the IPO Price (rounding any fractional share upwards to a whole share)), which shall be paid by delivery of stock certificates registered in the Shareholders’ names. (b) The number of shares of the Company’s capital stock that each Shareholder owns and will deliver to Fenix and the cash and number of shares of Fenix Stock to be delivered to each Shareholder (assuming that the IPO Price is $10.00) are shown on Schedule 2.1(b). (c) The cash component of the Consideration shall be subject to adjustment as provided in Sections 2.2, 2.3, 2.4 and 2.5.