Common use of Effect on Capital Stock Clause in Contracts

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares or any shares of capital stock of Purchaser: (a) Capital Stock of Purchaser. Each issued and outstanding share of capital stock of Purchaser shall be converted into and become one fully paid and nonassessable share of common stock of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser shall Merger Sub will be converted into and become one fully paid and nonassessable share of common stock Common Stock, no par value, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub or the holder of any Shares Company or any shares holder of capital stock of PurchaserParent, Merger Sub or the Company: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall by virtue of the Merger and without any action on the part of any holder thereof, be converted into and become one fully paid and nonassessable share of the Company’s common stock. Such newly issued share shall thereafter constitute all of the issued and outstanding capital stock of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and automatically without any action on the part of the any holder of any Shares or any shares of capital stock of PurchaserParent, Merger Sub or the Company, respectively: (a) Capital Stock of PurchaserMerger Sub. Each issued and then outstanding share of capital stock common stock, $0.0001 par value, of Purchaser Merger Sub shall be converted into and become one duly authorized, validly issued, fully paid and nonassessable share of common stock stock, no par value, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Common Stock or any shares of capital stock of Purchaser: the Merger Sub: (a) Capital Common Stock of Purchaserthe Merger Sub. Each All of the shares of common stock, par value $.01 per share, of the Merger Sub (the "Merger Sub Common Stock"), issued and outstanding share of capital stock of Purchaser immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share 1000 shares of common stock Common Stock of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder Merger Sub, the Company or the holders of any Shares or any shares of capital stock Company Common Stock or of Purchaser: (a) Capital Stock of Purchaser. Each issued and outstanding share of capital stock of Purchaser shall be converted into and become one fully paid and nonassessable share any shares of common stock stock, no par value per share, of Merger Sub (the Surviving Corporation.“Merger Sub Common Stock”):

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of Purchaser: (a) Capital Stock of Purchaser. Each issued and outstanding share of capital stock of Purchaser shall be converted into and become one fully paid and nonassessable share of common stock Common Stock, no par value, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Common Stock or any shares of capital stock of Purchaserthe Merger Sub: (a) Capital Common Stock of PurchaserMerger Sub. Each All of the shares of common stock, par value $.01 per share, of the Merger Sub (the "Merger Sub Common Stock"), issued and outstanding share of capital stock of Purchaser immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share one-thousand shares of common stock Common Stock of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserSub: (a) Capital Stock of PurchaserSub. Each issued and outstanding share of capital stock of Purchaser Sub shall be converted into and become one fully paid and nonassessable share of common stock stock, par value $0.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserParent or Sub: (a) Capital Stock of PurchaserSub. Each issued and outstanding share of capital stock of Purchaser Sub 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 stock, par value $0.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall be converted into and become one fully paid and nonassessable share of common stock stock, no par value per share, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the any holder of any Shares shares of Common Stock or any other shares of capital stock of PurchaserCompany or Merger Sub: (a) Capital Common Stock of PurchaserMerger Sub. Each share of common stock of Merger Sub issued and outstanding share of capital stock of Purchaser immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall be converted into and become one duly authorized, validly issued, fully paid and nonassessable non-assessable share of common stock stock, $0.001 par value per share, of the Surviving CorporationEntity.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the any holder of any Shares or any other shares of capital stock of PurchaserCompany or Merger Sub: (a) Capital Common Stock of PurchaserMerger Sub. Each share of common stock, par value $0.01 per share, of Merger Sub issued and outstanding share of capital stock of Purchaser immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock stock, par value $0.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and automatically without any action on the part of the any holder of any Shares or any shares of capital stock of PurchaserParent, Merger Sub or the Company, respectively: (a) Capital Stock of PurchaserMerger Sub. Each issued and then outstanding share of capital stock common stock, $.00l par value, of Purchaser Merger Sub shall be converted into and become one duly authorized, validly issued, fully paid and nonassessable share of common stock stock, $.001 par value, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the Company, Parent, Merger Sub or the holder of any Shares of the outstanding shares of the common stock, no par value per share, of the Company (“Company Common Shares”) or any shares of capital stock of Purchaser: Merger Sub: (a) Capital Stock Shares of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall be converted into and become one validly issued, fully paid and nonassessable share of common stock stock, no par value per share, of the Surviving Corporation.. (b)

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall continue to be converted into issued and become one fully paid outstanding and nonassessable share of common stock shall constitute the only issued and outstanding shares of the Surviving CorporationEntity.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of Parent, Sub or the holder of any Shares Company or any shares of capital stock of Purchasertheir respective shareholders: (a) Capital Stock of PurchaserSub. Each issued and outstanding share of capital stock of Purchaser Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock stock, par value $0.10 per share, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the any holder of any Shares or any shares of Encad Common Stock or of shares of the capital stock of PurchaserSub: (a) Capital Stock of PurchaserCAPITAL STOCK OF SUB. Each issued and outstanding share of the capital stock of Purchaser shall Sub will be converted into and become the right to receive one fully paid and nonassessable non-assessable share of common the capital stock of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub, the Company or the holder of any Shares or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall be converted into and become one validly issued, fully paid and nonassessable share of common stock stock, par value $0.10 per share, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder holders of any Shares shares of common stock, par value $0.01 per share, of the Company ("Company Common Stock") or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall be converted into and become one validly issued, fully paid and nonassessable share of common stock stock, par value $0.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of ----------------------- the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserSub: (a) Capital Stock of PurchaserSub. Each issued and outstanding share of capital -------------------- stock of Purchaser Sub shall be converted into and become one fully paid and nonassessable share of common stock stock, par value $0.50 per share, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Capital Stock or any shares of capital stock of PurchaserMerger Sub: (a) Capital Common Stock of PurchaserMerger Sub. Each issued and outstanding share of capital common stock of Purchaser Merger Sub shall be converted into and become one validly issued, fully paid and nonassessable share of common stock stock, par value $0.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares or any shares of Target Common Stock or the holder of any capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each share of the capital stock of Merger Sub issued and outstanding share of capital stock of Purchaser immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock stock, par value $0.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the ----------------------- Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserSub: (a) Capital Common Stock of PurchaserSub. Each share of common stock of Sub issued and ------------------- outstanding immediately prior to the Effective Time shall remain outstanding as a share of the Surviving Corporation and shall be the issued and outstanding share of capital stock of Purchaser shall be converted into and become one fully paid and nonassessable share of common stock of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock Common Stock of Purchaser:Merger Sub ("Merger Sub Common Stock"): (a) Capital Stock Effect of PurchaserMerger on Shares of Merger Sub Common Stock. Each issued and outstanding share of capital stock of Purchaser Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common Common Stock of the Surviving Corporation and, as converted, shall constitute the only outstanding shares of capital stock of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares or any shares of XIT Common Stock or capital stock of PurchaserSub: (a) Capital Stock of PurchaserSub. Each issued and outstanding share of the capital stock of Purchaser Sub shall be converted into and become one fully paid and nonassessable share of common stock Common Stock, no par value, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub or the holder of any Shares or any shares of capital stock of PurchaserCompany: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall by virtue of the Merger and without any action on the part of any holder thereof, be converted into and become one fully paid and nonassessable share of the Company's common stock. Such newly issued shares shall thereafter constitute all of the issued and outstanding capital stock of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the ----------------------- Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserSub: (a) Capital Common Stock of PurchaserSub. Each share of common stock of Sub issued ------------------- and outstanding share of capital stock of Purchaser immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common Class B Common Stock of the Surviving Corporation and shall be the issued and outstanding capital stock of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserSub: (a) Capital Stock of PurchaserSub. Each issued and outstanding share of capital stock of Purchaser Sub shall be converted into and become one fully paid and nonassessable share of common stock of the Surviving Corporation.be

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Stock or any shares of capital stock of Purchaserthe Sub: (a) Capital Stock of Purchaserthe Sub. Each issued and outstanding share of capital stock of Purchaser the Sub shall be converted into and become one validly issued, fully paid and nonassessable share of common stock stock, par value $.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder holders of any Shares shares of common stock, par value $0.01 per share, of the Company ("Company Common Stock"), any shares of Company Preferred Stock or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall be converted into and become one validly issued, fully paid and nonassessable share of common stock stock, par value $0.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Company Shares or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall continue to be converted into issued and become one fully paid outstanding and nonassessable share of common stock shall constitute the only issued and outstanding shares of the Surviving CorporationEntity.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action xxxxxx on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of Purchaser. Merger Sub.Each issued and outstanding share of capital stock of Purchaser Merger Sub shall be converted into and become one duly authorized, validly issued, fully paid and nonassessable non-assessable share of common stock stock, $0.001 par value per share, of the Surviving CorporationEntity.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the Company, the Parent Entities, Sub or the holder of any Shares shares of Company Capital Stock or any shares of capital stock of Purchaser: Sub: (a) Capital Stock of PurchaserSub. Each issued and outstanding share of capital stock of Purchaser Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock stock, par value $0.01 per share, of the Surviving Corporation.Corporation (“Surviving Common Stock”). (b)

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the any holder of any Shares shares of Company Common Stock or any holder of shares of capital stock of PurchaserSub: (a) Capital Stock of PurchaserSub. Each share of the capital stock of Sub issued and outstanding share of capital stock of Purchaser immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock Common Stock, par value $0.01 per share, of the Surviving CorporationCorporation or such other equity securities of the Surviving Corporation as Parent shall specify.

Effect on Capital Stock. As of the Effective Time, by ------------------------ virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserSub: (a) Capital Stock of PurchaserSub. Each share of the capital stock of Sub --------------------- issued and outstanding share of capital stock of Purchaser immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock Common Stock, par value $.10 per share, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective TimeTime of the Merger, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Common Stock or any shares of capital stock of PurchaserSub: (a) Capital Stock of PurchaserSub. Each issued and outstanding share of capital stock of Purchaser Sub issued and outstanding immediately prior to the Effective Time of the Merger shall be converted into and become exchanged for one validly issued, fully paid and nonassessable share of common stock of the Surviving CorporationCorporation Common Stock.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares or any shares of Company Common Stock or capital stock of Purchaserthe Merger Sub: (a) Capital Stock of Purchaserthe Merger Sub. Each issued and outstanding share of capital stock of Purchaser the Merger Sub issued and outstanding at the Effective Time, shall remain outstanding and shall be converted into unchanged after the Merger and become one fully paid shall thereafter constitute all of the issued and nonassessable share of common outstanding capital stock of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the Company, Parent or Merger Sub or any holder of any Shares shares of common stock, no par value per share, of the Company (“Company Common Stock”) or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall be converted into and become one validly issued, fully paid and nonassessable non- assessable share of common stock stock, no par value per share, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the Company, Parent, Merger Sub or any holder of any Shares shares of Company Common Stock, Company Preferred Stock or any shares of capital stock of PurchaserMerger Sub: (a) Capital Common Stock of PurchaserMerger Sub. Each share of common stock, par value $0.01 per share, of Merger Sub ("Merger Sub Common Stock") issued and outstanding share of capital stock of Purchaser immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Company Shares or any shares of capital stock of PurchaserMerger Sub: (a) Capital Stock of PurchaserSurviving Entity . Each issued and outstanding share of capital stock of Purchaser Merger Sub shall continue to be converted into issued and become one fully paid outstanding and nonassessable share of common stock shall constitute the only issued and outstanding shares of the Surviving CorporationEntity.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares or any shares of Company Common Stock or capital stock of PurchaserSub: (a) Capital Stock of PurchaserSub. Each issued and outstanding share of capital stock the common stock, par value $0.01 per share, of Purchaser Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock stock, par value $0.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares or any shares of capital stock of Purchaser: (a) Capital Stock of Purchaser. Each issued and outstanding share of capital stock of Purchaser shall be converted into and become one fully paid and nonassessable share of common stock Common Stock, par value $.01 per share, of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares or any shares of capital stock of Purchaserthe Company, Parent or Merger Sub: (a) Capital Stock of PurchaserMerger Sub's Common Stock. Each issued and outstanding share of capital stock of Purchaser shall Merger Sub's common stock, par value $0.01 per share, outstanding immediately prior to the Effective Time will be converted into and become one fully paid and nonassessable share of common stock of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares or any shares of capital stock of Purchaserthe Company, or Merger Sub: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall be converted into and become one fully paid and nonassessable share of common stock of the Surviving Corporation.

Effect on Capital Stock. As of At the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub or the holder of any Shares or any shares of capital stock of PurchaserCompany: (a) Capital Stock of PurchaserMerger Sub. Each issued and outstanding share of capital stock of Purchaser Merger Sub shall by virtue of the Merger and without any action on the part of any holder thereof, be converted into and become one fully paid and nonassessable share of the Company's common stock. Such newly issued share shall thereafter constitute all of the issued and outstanding capital stock of the Surviving Corporation.

Effect on Capital Stock. As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any Shares shares of Company Stock or any shares of capital stock of Purchaserthe Acquisition Sub: (a) Capital Stock of Purchaserthe Acquisition Sub. Each issued and outstanding share of capital stock of Purchaser the Acquisition Sub shall be converted into and become one fully paid and nonassessable share of common stock stock, par value $0.001 of the Surviving CorporationCompany.