Common use of Nontransferability of Shares Clause in Contracts

Nontransferability of Shares. The Shares may not be sold, transferred, assigned or otherwise alienated or hypothecated (any of the foregoing, a “Transfer”) until the earlier to occur of (i) May 3, 2007 or (ii) a Change of Control. Thereafter, Transfers may be made only in accordance with and pursuant to the Stockholders Agreement and the 1933 Act. Notwithstanding the foregoing, the Grantee may, if permitted by state law or the rules and regulations governing any exchange on which the Shares are traded, Transfer, without payment of consideration, any grant of Shares to a member of such Grantee’s immediate family or to a trust or partnership whose beneficiaries are one or more members of such Grantee’s immediate family. For purposes of this Paragraph, the term “immediate family” shall include the Grantee’s spouse, children and grandchildren.

Nontransferability of Shares. The Shares may not be sold, transferred, assigned or otherwise alienated or hypothecated (any of the foregoing, a “Transfer”) until the earlier to occur of (i) May 3, 2007 or (ii) a Change of Control. Thereafter, Transfers may be made only in accordance with and pursuant to the Stockholders Agreement and the 1933 Act. Notwithstanding the foregoing, the Grantee may, if permitted by state law or the rules and regulations governing any exchange on which the Shares are traded, Transfer, without payment of consideration, any grant of Shares to a member of such Grantee’s immediate family or to a trust or partnership whose beneficiaries are one or more members of such Grantee’s immediate family. For purposes of this Paragraph, the term “immediate family” shall include the Grantee’s spouse, children and grandchildren.