Common use of Ownership of Company Securities Clause in Contracts

Ownership of Company Securities. Prior to the Effective Time, Parent shall not, and shall cause each of its Subsidiaries and Affiliates under common control to not, acquire (directly or indirectly, beneficially or of record) any Shares, or any securities, contracts or obligations convertible into or exercisable or exchangeable for Shares. None of Parent, Merger Sub, or their respective Affiliates shall hold any rights to acquire any Shares except pursuant to this Agreement. Notwithstanding anything to the contrary contained herein, the prohibitions set forth in this Section 5.12 shall not apply to any investment in any securities of the Company by or on behalf of any pension or employee benefit plan or trust, including (a) any direct or indirect interests in portfolio securities held by an investment company registered under the Investment Company Act of 1940, as amended, or (b) interests in securities comprising part of a mutual fund or broad based, publicly traded market basket, or index of stocks approved for such a plan or trust in which such plan or trust invests and, in all cases, over which Parent, Merger Sub, or their respective Subsidiaries exercise no investment discretion and provided such beneficial ownership does not result in an obligation by Parent, Merger Sub, or their respective Subsidiaries to file or amend a Schedule 13D pursuant to the Exchange Act.

Ownership of Company Securities. Prior to the Effective Time, Parent shall not, and shall cause each of its Subsidiaries and Affiliates under common control to not, acquire (directly or indirectly, beneficially or of record) any Shares, or any securities, contracts or obligations convertible into or exercisable or exchangeable for Shares. None of Parent, Merger SubPurchaser, or their respective Affiliates shall hold any rights to acquire any Shares except pursuant to this Agreement. Notwithstanding anything to the contrary contained herein, the prohibitions set forth in this Section 5.12 5.11 shall not apply to any investment in any securities of the Company by or on behalf of any pension or employee benefit plan or trust, including (a) any direct or indirect interests in portfolio securities held by an investment company registered under the Investment Company Act of 1940, as amended, or (b) interests in securities comprising part of a mutual fund or broad based, publicly traded market basket, or index of stocks approved for such a plan or trust in which such plan or trust invests and, in all cases, over which Parent, Merger SubPurchaser, or their respective Subsidiaries exercise no investment discretion and provided such beneficial ownership does not result in an obligation by Parent, Merger SubPurchaser, or their respective Subsidiaries to file or amend a Schedule 13D pursuant to the Exchange Act.

Ownership of Company Securities. Prior to the Effective Time, Parent shall not, and shall cause each of its Subsidiaries and Affiliates under common control to not, acquire (directly or indirectly, beneficially or of record) any SharesCompany Common Stock, or any securities, contracts or obligations convertible into or exercisable or exchangeable for Sharesshares of Company Common Stock. None of Parent, Merger Sub, Sub or their respective Affiliates shall hold any rights to acquire any Shares Company Common Stock except pursuant to this Agreement. Notwithstanding anything to the contrary contained herein, the prohibitions set forth in this Section 5.12 5.13 shall not apply to any investment in any securities of the Company by or on behalf of any pension or employee benefit plan or trust, including (a) any direct or indirect interests in portfolio securities held by an investment company registered under the Investment Company Act of 1940, as amended, or (b) interests in securities comprising part of a mutual fund or broad based, publicly traded market basket, or index of stocks approved for such a plan or trust in which such plan or trust invests and, in all cases, over which Parent, Merger Sub, Sub or their respective Subsidiaries exercise no investment discretion and provided such beneficial ownership does not result in an obligation by Parent, Merger Sub, Sub or their respective Subsidiaries to file or amend a Schedule 13D pursuant to the Exchange Act.

Ownership of Company Securities. Prior to the Effective Acceptance Time, Parent shall not, and shall cause each of its Subsidiaries and Affiliates under common control to not, acquire (directly or indirectly, beneficially or of record) any SharesCompany Common Stock, or any securities, contracts or obligations convertible into or exercisable or exchangeable for Sharesshares of Company Common Stock. None of Parent, Merger SubPurchaser, or their respective Affiliates shall hold any rights to acquire any Shares Company Common Stock except pursuant to this Agreement. Notwithstanding anything to the contrary contained herein, the prohibitions set forth in this Section 5.12 6.12 shall not apply to any investment in any securities of the Company by or on behalf of any pension or employee benefit plan or trust, including (a) any direct or indirect interests in portfolio securities held by an investment company registered under the Investment Company Act of 1940, as amended, or (b) interests in securities comprising part of a mutual fund or broad based, publicly traded market basket, or index of stocks approved for such a plan or trust in which such plan or trust invests and, in all cases, over which Parent, Merger SubPurchaser, or their respective Subsidiaries exercise no investment discretion and provided such beneficial ownership does not result in an obligation by Parent, Merger SubPurchaser, or their respective Subsidiaries to file or amend a Schedule 13D pursuant to the Exchange Act.

Ownership of Company Securities. Prior to the Effective Acceptance Time, Parent shall not, and shall cause each of its Subsidiaries and Affiliates under common control to notnot to, acquire (directly or indirectly, beneficially or of record) any additional Shares, or any securities, contracts or obligations convertible into or exercisable or exchangeable for Shares. None of Parent, Merger SubPurchaser, or their respective Affiliates shall hold any rights to acquire any Shares Company Common Stock except pursuant to this Agreement. Notwithstanding anything to the contrary contained herein, the prohibitions set forth in this Section 5.12 6.12 shall not apply to any investment in any securities of the Company by or on behalf of any pension or employee benefit plan or trust, including (a) any direct or indirect interests in portfolio securities held by an investment company registered under the Investment Company Act of 1940, as amended, or (b) interests in securities comprising part of a mutual fund or broad based, publicly traded market basket, or index of stocks approved for such a plan or trust in which such plan or trust invests and, in all cases, over which Parent, Merger SubPurchaser, or their respective Subsidiaries exercise no investment discretion and provided such beneficial ownership does not result in an obligation by Parent, Merger SubPurchaser, or their respective Subsidiaries to file or amend a Schedule 13D pursuant to the Exchange Act.