Common use of Excluded Shares Clause in Contracts

Excluded Shares. No shares of Common Stock that have been transferred by Investors or Participant in a Transfer pursuant to the provisions of Section 8(a) ("Excluded Shares") shall be subject again to the restrictions set forth in Section 8(a), nor shall Participant, if Participant holds Excluded Shares, be entitled to exercise any rights under Section 8(a) with respect to such Excluded Shares, and no Excluded Shares held by Investors or Participant shall be counted in determining the respective participation rights of such Persons in a Transfer subject to Section 8(a).

Excluded Shares. No shares of Common Stock that have been transferred by Investors or Participant in a Transfer pursuant to the provisions of Section SECTION 8(a) ("Excluded SharesEXCLUDED SHARES") shall be subject again to the restrictions set forth in Section SECTION 8(a), nor shall Participant, if Participant holds Excluded Shares, be entitled to exercise any rights under Section SECTION 8(a) with respect to such Excluded Shares, and no Excluded Shares held by Investors or Participant shall be counted in determining the respective participation rights of such Persons in a Transfer subject to Section SECTION 8(a).