Common use of Control Shares Clause in Contracts

Control Shares. The Company hereby waives its rights under Article ELEVENTH, Section H, of its Restated Certificate of Incorporation with respect to all Shares acquired pursuant to exercise of the Option, and hereby agrees, promptly following any such exercise, to exchange for such Shares an equal number of duly authorized, but unissued Shares, which upon issuance will be validly issued, fully paid and nonassessable Shares, and which will not be "control shares" within the meaning of such Article ELEVENTH.