Common use of Ownership of Company Capital Stock Clause in Contracts

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub Purchaser is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Other than as contemplated by this Agreement, neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company Company, as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub the Purchaser is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent Parent, Purchaser nor Merger Sub any of their respective affiliates is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.

Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares or other Equity Interests in the Company as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Parent, Merger Sub is, nor at any time of their respective Affiliates (nor any of their respective “Associates” as defined in Section 203 of the DGCL) is or has been during the last past three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any shares of Company Common Stock.

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at (a) owns any time shares of Company Capital Stock as of the date hereof or (b) is (or has been during the last three (3two years prior to the date of this Agreement) years has it been, an “interested stockholder” of the Company (as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL) of the Company assuming that the representations of the Company set forth in Section 3.3(c) are true and correct.

Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares, Preferred Shares or other Equity Interests in the Company as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is“own” (within the meaning of Section 203) or have, nor at any time during within the last three (3) years has it beenyears, an “interested stockholderowned” any shares of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)Capital Stock.

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 Chapter 110F of the DGCL Massachusetts General Laws (other than as contemplated by this Agreement). Neither Parent nor Merger Sub owns any shares of Company Common Stock.

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) 3 years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any Company Shares.

Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Company Shares as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub (nor any of their respective Affiliates) is, nor at any time during the last three (3) years has it have any of them been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 the GBCC. Neither Parent nor Merger Sub owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the DGCL Company (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Sub owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the Company (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any Shares.

Ownership of Company Capital Stock. Neither Parent nor None of Parent, Merger Sub or Second Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub Purchaser is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor or at any time during the last past three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Merger Sub own any shares of Company Common Stock.

Ownership of Company Capital Stock. Neither Parent nor None of Parent, Merger Sub is, nor at or any time during the last three (3) years of their Affiliates has it been, been an “interested stockholder” of the Company (as defined in Section 203 of the DGCL (other than as contemplated by DGCL) of the Company, in each case, during the two years prior to the date of this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). As of the date hereof, neither Parent nor Acquisition Sub owns any shares of Company Common Stock.

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Sub owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the Company (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any shares of Company Common Stock.

Ownership of Company Capital Stock. Neither During the 3 years prior to the date of this Agreement, (a) neither Parent nor or Merger Sub ishas “owned” any shares of Company Capital Stock; and (b) none of Parent, nor at Merger Sub, Guarantors or any time during the last three (3) years of their respective Affiliates has it been, been an “interested stockholder” of the Company (as such terms are defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL) of the Company.

Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent Parent, Merger Sub 1 nor Merger Sub 2 is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three two (32) years has it been, an “interested stockholder” of the Company as defined in Section 203 NRS 78.423 or an “Interested Stockholder” as defined in Article XIII of the DGCL Company’s articles of incorporation (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Company Shares as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns, nor at any time during the last three (3) years has owned, any shares of Company Capital Stock.

Ownership of Company Capital Stock. Neither Parent nor Merger Sub Subsidiary is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL Delaware Law (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares or other Equity Interests in the Company as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it Parent or Acquisition Sub been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns (beneficially or otherwise) any shares of Company Common Stock (or any other economic interest through derivative securities or otherwise in the Company).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Merger Sub owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the Company (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent Parent, Merger Sub 1 nor Merger Sub 2 is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, ---------------------------------- nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Sub owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the Company (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any shares of Company Common Stock.

Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any Company Shares. None of Parent, Acquisition Sub nor any of their Affiliates directly or indirectly owns any Company Shares as of the date hereof, other than shares beneficially owned through benefit or pension plans.

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub (nor any of their respective Affiliates) is, nor at any time during the last three (3) years has it have any of them been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is(nor any of their respective Affiliates), is nor at any time during the last three (3) years has it have any of them been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).. SECTION

Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years ending on the date of this Agreement has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Merger Sub nor any of their affiliates own any Company Shares as of the date of this Agreement.

Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares, Preferred Shares or other Equity Interests in the Company as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).