Common use of Excluded Securities Clause in Contracts

Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any Equity Securities that are excluded from the definition of “Additional Shares of Common Stock” as defined in the Company’s Restated Charter.

Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any Equity New Securities that are excluded from the definition of not determined to be or deemed to be “Additional Shares of Common Stock” as defined in the Company’s Restated CharterCertificate.

Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any of the Equity Securities (i) that are excluded from the definition of as “Additional Shares of Common Stock” as defined in pursuant to Article IV(D)(5)(h)(viii) of the Company’s Amended and Restated CharterCertificate of Incorporation, as may be amended from time to time, and (ii) that are issued by the Company pursuant to the terms of Section 2.4 of the Purchase Agreement.

Excluded Securities. The rights of first refusal established by this Section 4 shall have no application not be applicable to any of the Excluded Securities (as defined in the Charter) or to any Equity Securities that are excluded from issuable to Lenders pursuant to the definition of “Additional Shares of Common Stock” as defined in the Company’s Restated CharterRight to Invest.

Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any Equity Securities that are excluded from the definition of which would not be considered “Additional Shares of Common Stock” as defined in Section E(4)(i)(v) of Article IV of the Company’s Fifth Amended and Restated CharterCertificate of Incorporation and any shares of Common Stock issued in connection with any stock split, stock dividend or recapitalization of the Company.

Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any Equity Securities that are excluded excepted from the definition of “Additional Shares of Common Stock” as defined in under Sections IV(D)(4)(i)(iv)(A) through (G) of the Restated Company’s Restated CharterCertificate of Incorporation.

Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any issuances of Equity Securities that are excluded from the definition of “Additional Shares of Common Stock” as defined in pursuant to Article IV, Section 4(i) (iv) of the Company’s Restated CharterCertificate.

Excluded Securities. The rights of first refusal established by this Section 4 shall have no application to any Equity Securities that are excluded excepted from the definition of “Additional Shares of Common Stock” as defined in the Company’s Restated Charter.

Excluded Securities. The rights of first refusal established by this Section 4 6.1 shall have no application to any Equity Securities that are excluded from the definition of “Additional Shares of Common Stock” as defined set forth in the Company’s Restated Charter, as it may be amended and/or restated from time to time.