Common use of IXXXXXXXXXXX Clause in Contracts

IXXXXXXXXXXX. XxXxxx Xxxxxxxxxxx, x Xxxxxxxx xxxxxxxxion (the "Company"), and the sexxxxx stockholders named in Schedule B hereto (the "Selling Stockholders"), propose to sell, pursuant to the terms of this Agreement, to the several underwriters named in Schedule A hereto (the "Underwriters," or, each, an "Underwriter"), an aggregate of 2,825,000 shares of Common Stock, $.01 par value per share (the "Common Stock"), of the Company. The aggregate of 2,825,000 shares so proposed to be sold is hereinafter referred to as the "Firm Stock". The Company and the Selling Stockholders also propose to sell to the Underwriters, upon the terms and conditions set forth in Section 3 hereof, up to an additional 423,750 shares of Common Stock (the "Optional Stock"). The Firm Stock and the Optional Stock are hereinafter collectively referred to as the "Stock". SG Cowen Securities Corporation ("SG Cowen"), Needham & Company, Inc. xxx Xxxxas Weisel Partners LLC are xxxxxx as rxxxxxxxtatives of the severax Xxxxrxxxxxxs and in such capacity are hereinafter referred to as the "Representatives."

IXXXXXXXXXXX. XxXxxx XxxxxxxxxxxXxxxxxxx Xxxxxxxxxxxxxxx Xxx., x Xxxxxxxx xxxxxxxxion Xxxxxxre corporation (the "Company"), and the sexxxxx stockholders named in Schedule B hereto (the "Selling Stockholders"), propose proposes to sell, pursuant to the terms of this Agreement, to the several underwriters named in Schedule A hereto (the "Underwriters," or, each, an "Underwriter"), an aggregate of 2,825,000 6,500,000 shares of Common Stockcommon stock, $.01 .005 par value per share (the "Common Stock"), of the Company. The aggregate of 2,825,000 6,500,000 shares so proposed to be sold is hereinafter referred to as the "Firm Stock". The Company and the Selling Stockholders also propose proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 3 hereof, up to an additional 423,750 975,000 shares of Common Stock (the "Optional Stock"). The Firm Stock and the Optional Stock are hereinafter collectively referred to as the "Stock". SG Cowen Securities Corporation ("SG Cowen"), Needham RBC Dain Rauscher Inc. axx Xxxxxam & Company, Inc. are actxxx xx xepresentxxxxxx xx xxx Xxxxas Weisel Partners LLC are xxxxxx as rxxxxxxxtatives of the severax Xxxxrxxxxxxs several Uxxxxxxxters and in such capacity are hereinafter referred to as the "Representatives."

IXXXXXXXXXXX. XxXxxx XxxxxxxxxxxXxxxxxxx, Xxx., x Xxxxxxxx xxxxxxxxion xxxxxxxxxxx (the "Company"), and the sexxxxx stockholders named in Schedule B hereto (the "Selling Stockholders"), propose proposes to sell, pursuant to the terms of this Agreement, to the several underwriters named in Schedule A hereto (the "Underwriters," or, each, an "Underwriter"), an aggregate of 2,825,000 ________ shares of Common Stock, $.01 0.0001 par value per share (the "Common Stock"), ) of the Company. The aggregate of 2,825,000 ________ shares so proposed to be sold is hereinafter referred to as the "Firm Stock". The Company and the Selling Stockholders also propose proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 3 hereof, up to an additional 423,750 ________ shares of Common Stock (the "Optional Stock"). The Firm Stock and the Optional Stock are hereinafter collectively referred to as the "Stock". SG Cowen Securities Corporation & Co., LLC ("SG Cowen"), Needham & CompanyUBS Securities LLC ("UBS"), Inc. xxx Xxxxas Weisel Partners Thomas Wxxxxx Xxrtners LLC and XXX Xxxital Markets Corporation are xxxxxx as rxxxxxxxtatives actxxx xx xxxxxxentatives of the severax Xxxxrxxxxxxs several Underwriters and in such capacity are hereinafter referred to as the "Representatives."