Common use of Ownership of Company Stock Clause in Contracts

Ownership of Company Stock. Newco has delivered to the Company a true and complete copy of the final form of the Voting Agreement. As of the date of the Original Agreement (and immediately prior to execution of the Original Securities Purchase Agreement and the Original Voting Agreement), neither Newco nor any "affiliate" or "associate" of Newco "owned" any voting stock of the Company, as such quoted terms are defined in Section 203 of the DGCL. As of the parties' entry into this Agreement, no person is a party to the Securities Purchase Agreement or the Voting Agreement other than Newco , Bruckmann, Rossxx, Xxxxxxxx & Xo. II, L.P. and the persons listed on Exhibit A, as such Exhibit A reads on the date hereof.

Ownership of Company Stock. Newco has delivered to the -------------------------- Company a true and complete copy of the final form of the Voting Agreement. As of the date of the Original Agreement hereof (and immediately prior to execution of the Original Securities Purchase Agreement and the Original Voting Agreement), neither Newco nor any "affiliate" or "associate" of Newco "ownedowns" any voting stock of the Company, as such quoted terms are defined in Section 203 of the DGCL. As of the parties' entry into this Agreement, no person is a party to the Securities Purchase Agreement or the Voting Agreement other than Newco , Bruckmann, RossxxXxxxxx, Xxxxxxxx & Xo. Co. II, L.P. and the persons listed on Exhibit A, as such Exhibit A reads on the date hereof.

Ownership of Company Stock. Newco has delivered to the -------------------------- Company a true and complete copy of the final form of the Voting Agreement. As of the date of the Original Agreement (and immediately prior to execution of the Original Securities Purchase Agreement and the Original Voting Agreement), neither Newco nor any "affiliate" or "associate" of Newco "owned" any voting stock of the Company, as such quoted terms are defined in Section 203 of the DGCL. As of the parties' entry into this Agreement, no person is a party to the Securities Purchase Agreement or the Voting Agreement other than Newco , Bruckmann, RossxxXxxxxx, Xxxxxxxx & Xo. Co. II, L.P. and the persons listed on Exhibit A, as such Exhibit A reads on the date hereof.

Ownership of Company Stock. Newco has delivered to the Company a true and complete copy of the final form of the Voting Agreement. As of the date of the Original Agreement hereof (and immediately prior to execution of the Original Securities Purchase Agreement and the Original Voting Agreement), neither Newco nor any "affiliate" or "associate" of Newco "ownedowns" any voting stock of the Company, as such quoted terms are defined in Section 203 of the DGCL. As of the parties' entry into this Agreement, no person is a party to the Securities Purchase Agreement or the Voting Agreement other than Newco , Bruckmann, Rossxx, Xxxxxxxx & Xo. II, L.P. and the persons listed on Exhibit A, as such Exhibit A reads on the date hereof.