Common use of Lack of Ownership of Company Common Stock Clause in Contracts

Lack of Ownership of Company Common Stock. Neither Parent nor any of its subsidiaries beneficially owns, directly or indirectly, any shares of Company Common Stock or other security convertible into, or exchangeable or exercisable for shares of Company Common Stock. Except for that certain voting agreement as of even date herewith among Parent, Merger Sub, the Company and those stockholders of the Company (including Xx. Xxxx Xxxxxxxx) listed on Schedule I thereto, there are no voting trusts or other agreements, arrangements or understandings to which Parent or any of its subsidiaries is a party with respect to the voting of the Company Common Stock and there are no agreements, arrangements or understandings to which Parent or any of its subsidiaries is a party with respect to the acquisition, divestiture, retention, purchase, sale or tendering of the Company Common Stock.

Lack of Ownership of Company Common Stock. Neither Parent nor any of its subsidiaries Subsidiaries beneficially owns, directly or indirectly, any shares of Company Common Stock or other security securities convertible into, or exchangeable into or exercisable for shares of Company Common Stock. Except for that certain voting agreement as of even date herewith among Parent, Merger Sub, Other than the Company Support and those stockholders of Voting Agreements and the Company (including Xx. Xxxx Xxxxxxxx) listed on Schedule I theretotransactions contemplated thereby, there are no voting trusts or other agreements, arrangements or understandings to which Parent or any of its subsidiaries Subsidiaries is a party with respect to the voting of the capital stock or other equity interest of the Company Common Stock and or any of its Subsidiaries nor are there are no any agreements, arrangements or understandings to which Parent or any of its subsidiaries Subsidiaries is a party with respect to the acquisition, divestiture, retention, purchase, sale or tendering of the capital stock or other equity interest of the Company Common Stockor any of its Subsidiaries.