Common use of or otherwise Clause in Contracts

or otherwise. Since the Abacus Capital Stock Disclosure Date until the date of this Agreement, no shares of Abacus Common Stock or Abacus Preferred Stock have been issued or reserved for issuance, except in respect of the exercise, conversion or exchange of Abacus Equity Rights (as defined below) outstanding as of the Abacus Capital Stock Disclosure Date and in connection with the Abacus Stock Option Agreement. For purposes of this Agreement, "Abacus Equity Rights" shall mean subscriptions, options, warrants, calls, commitments, agreements, conversion rights or other rights of any character (contingent or otherwise) to purchase or otherwise acquire from Abacus or any of its Subsidiaries at any time, or upon the happening of any stated event, any shares of the capital stock of Abacus. The Abacus Disclosure Letter sets forth the number and type of Abacus Equity Rights (including the number and class of Abacus' capital stock for or into which such Abacus Equity Rights are exercisable, convertible or exchangeable and any Abacus Benefit Plan pursuant to which such Abacus Equity Rights were granted or issued) outstanding as of the Abacus Capital Stock Disclosure Date. Other than the Abacus Equity Rights disclosed in the Abacus Disclosure Letter and the Abacus Equity Rights granted pursuant to the Abacus Stock Option Agreement, Abacus does not have outstanding any Abacus Equity Rights as of the date of this Agreement. Except as disclosed in the Abacus SEC Reports (defined below), no stockholders of Abacus are party to any voting agreement, voting trust or similar arrangement with respect to Abacus Shares to which Abacus or any Subsidiary of Abacus is a Party.