Common use of Ownership of Xxxxxxxx Clause in Contracts

Ownership of Xxxxxxxx. xxx Common Stock. To the knowledge of Phone and Merger Sub, as of the date hereof or at any time within twelve (12) months prior to the date of this Agreement (and before giving effect to the Xxxxxxxx.xxx Option Agreement and the Xxxxxxxx.xxx Voting Agreement, which will be entered into immediately after the execution of this Agreement), neither Phone nor, to its knowledge without independent investigation, any of its affiliates, (i) beneficially owns (as defined in Rule 13d-3 under the Exchange Act), directly or indirectly, or (ii) is party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, shares of capital stock of Xxxxxxxx.xxx.