Common use of Outstanding Stock Clause in Contracts

Outstanding Stock. The outstanding shares of common stock, as of the date of the Agreement, are set forth on the attached Schedule 1 to Disclosure Schedule 3.8. Pursuant to an Information Memorandum of the Company dated September 29, 2003, the Company is offering to repurchase for cash an aggregate of approximately $91 million, but not less than $70 million, worth of its outstanding common stock, $0.01 par value per share and outstanding options and warrants to purchase such stock.