Common use of Non-Applicability of Restrictions on Transfer Clause in Contracts

Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 4.3 hereof, any record owner of Investor Common Stock may from time to time transfer or recertificate all or a part of such record owner's Investor Common Stock (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of Investor Common Stock identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or a part of the Investor Common Stock registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate of such record owner, or (iii) if such record owner is a partnership or the nominee of a partnership, to a partner, retired partner, or estate of a partner or retired partner, of such partnership, so long as such transfer is in accordance with the transferee's interest in such partnership and is without consideration; provided, however, that each such transferee shall remain subject to all restrictions on the transfer of Investor Common Stock herein contained.

Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 4.3 6.2 hereof, any record owner of Investor Common Stock Shares may from time to time transfer or recertificate all or a part of such record owner's Investor Common Stock ’s Shares (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of Investor Common Stock Shares identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or a part of the Investor Common Stock Shares registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, or (ii) to an Affiliate of such record owner, or (iii) if such record owner is a partnership or the nominee of a partnership, to a partner, retired partner, or estate of a partner or retired partner, of such partnership, so long as such transfer is in accordance with the transferee's ’s interest in such partnership and is without consideration; provided, however, that each such transferee shall remain subject to all restrictions on the transfer of Investor Common Stock Shares herein contained.

Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 4.3 8.2 hereof, any record owner of Investor Common Series B Stock may from time to time transfer or recertificate all or a part of such record owner's Investor Common Series B Stock (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of Investor Common Series B Stock identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or a part of the Investor Common Series B Stock registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate or related entity of such record owner, or (iii) if such record owner is a partnership or the nominee of a partnership, to a partner, retired partner, or estate of a partner or retired partner, of such partnership, so long as such transfer is in accordance with the transferee's interest in such partnership and is without considerationconsideration or (iv) in the case of an Investor that is a public pension fund, to a statutory successor to such Investor; provided, however, that each such transferee shall remain subject to all restrictions on the transfer of Investor Common Stock herein contained.

Non-Applicability of Restrictions on Transfer. Notwithstanding the --------------------------------------------- provisions of Section 4.3 hereof, any record owner of Investor Common Stock may from time to time transfer or recertificate all or a part of such record owner's Investor Common Stock (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of Investor Common Stock identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or a part of the Investor Common Stock registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate of such record owner, or (iii) if such record owner is a partnership or the nominee of a partnership, to a partner, retired partner, or estate of a partner or retired partner, of such partnership, so long as such transfer is in accordance with the transferee's interest in such partnership and is without consideration; provided, however, that each such transferee shall remain subject to all restrictions on the transfer of Investor Common Stock herein contained.

Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 4.3 hereof, any record owner of Investor Common Stock may from time to time transfer or recertificate all or a part of such record owner's ’s Investor Common Stock (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of Investor Common Stock identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or a part of the Investor Common Stock registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate of such record owner, or (iii) if such record owner is a partnership or the nominee of a partnership, to a partner, retired partner, or estate of a partner or retired partner, of such partnership, so long as such transfer is in accordance with the transferee's transfererr’s interest in such partnership and is without consideration; provided, however, that each such transferee shall remain subject to all restrictions on the transfer of Investor Common Stock herein contained.

Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 4.3 6.2 hereof, any record owner of Investor Common Stock 2008 Senior Preferred may from time to time transfer or recertificate all or a part of such record owner's Investor Common Stock ’s 2008 Senior Preferred (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of Investor Common Stock 2008 Senior Preferred identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or a part of the Investor Common Stock 2008 Senior Preferred registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, or (ii) to an Affiliate of such record owner, or (iii) if such record owner is a partnership or the nominee of a partnership, to a partner, retired partner, or estate of a partner or retired partner, of such partnership, so long as such transfer is in accordance with the transferee's ’s interest in such partnership and is without consideration; provided, however, that each such transferee shall remain subject to all restrictions on the transfer of Investor Common Stock shares of 2008 Senior Preferred herein contained.