Common use of Parent to Provide Common Stock Clause in Contracts

Parent to Provide Common Stock. Promptly after the Effective Time, Parent shall make available to the Exchange Agent for exchange in accordance with this Article I, the aggregate number of shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Capital Stock; provided that, on behalf of the holders of Company Capital Stock, Parent shall deposit into an escrow account a number of shares of Parent Common Stock equal to the Escrow Amount out of the aggregate number of shares of Parent Common Stock otherwise issuable pursuant to Section 1.6. The portion of the Escrow Amount contributed on behalf of each holder of Company Capital Stock shall be in proportion to the aggregate number of shares of Parent Common Stock which such holder would otherwise be entitled to receive under Section 1.6 by virtue of ownership of outstanding shares of Company Capital Stock.

Parent to Provide Common Stock. Promptly after the Effective Time, Parent shall make available to the Exchange Agent Agent, for exchange in accordance with this Article I, the aggregate number of shares of Parent Common Stock issuable pursuant to Section 1.6 1.7 in exchange for outstanding shares of Company Capital Stock; provided that, on behalf of the holders of Company Capital StockPrincipal Shareholders, Parent shall deposit into an escrow account a number of shares of Parent Common Stock equal to the Escrow Amount out of the aggregate number of shares of Parent Common Stock otherwise issuable pursuant to Section 1.61.7. The portion of the Escrow Amount contributed on behalf of each holder of Company Capital Stock Principal Shareholder shall be in proportion to the aggregate number of shares of Parent Common Stock which such holder would otherwise be entitled to receive under Section 1.6 by virtue of ownership of outstanding shares of Company Capital StockShareholder Amount for each Principal Shareholder.

Parent to Provide Common Stock. Promptly after the Effective Time, Parent shall make available to the Exchange Agent for exchange in accordance with this Article I, I the aggregate number of shares of Parent Common Stock issuable pursuant to Section 1.6 1.6(a) in exchange for outstanding shares of Company Capital Stock; provided provided, however, that, on behalf of the holders of Company Capital StockStockholders, pursuant to Section 7.2 hereof, Parent shall deposit into an escrow account a number 5% of shares of Parent Common Stock equal the Merger Shares issued to the Escrow Amount out Agent on behalf of the aggregate number of shares of Parent Common Stock otherwise issuable Company Stockholders pursuant to Section 1.61.6(a) (the "Escrow Amount"). The portion of the Escrow Amount contributed on behalf of each holder of Company Capital Stock Stockholder shall be in proportion to the aggregate number of shares of Parent Common Stock Merger Shares which such holder Company Stockholder would otherwise be entitled to receive under Section 1.6 in the Merger by virtue of ownership of outstanding shares of Company Capital Stock.

Parent to Provide Common Stock. Promptly after the Effective Time, Parent shall make available to the Exchange Agent for exchange in accordance with this Article I, the aggregate number of shares of Aggregate Parent Common Stock issuable pursuant to Section 1.6 Share Number in exchange for outstanding shares of Company Capital StockCommon Stock and Company Options; provided that, on behalf of certain of the holders of Company Capital Common Stock, Parent shall cause the Exchange Agent to deposit into an escrow account a number of shares of Parent Common Stock equal to the Escrow Amount out of the aggregate number of shares of Aggregate Parent Common Stock otherwise issuable pursuant to Section 1.6Share Number. The portion of the Escrow Amount contributed on behalf of each holder of Company Capital Common Stock shall be in proportion to the aggregate number of shares of Parent Common Stock to which such holder would otherwise be entitled to receive under Section 1.6 by virtue of ownership of outstanding shares of Company Capital Common Stock.

Parent to Provide Common Stock. Promptly after the Effective Time, Parent shall make available to the Exchange Agent for exchange in accordance with this Article I, the aggregate number of shares of Parent Common Stock issuable pursuant to Section 1.6 1.7 in exchange for outstanding shares of Company Capital Common Stock; provided that, on behalf of the holders of Company Capital Common Stock, Parent shall deposit into an escrow account a number of shares of Parent Common Stock equal to the Shareholder Escrow Amount out of the aggregate number of shares of Parent Common Stock otherwise issuable pursuant to Section 1.61.7. The portion of the Shareholder Escrow Amount contributed on behalf of each holder of Company Capital Common Stock shall be in proportion to the aggregate number of shares of Parent Common Stock which such holder would otherwise be entitled to receive under Section 1.6 1.7 by virtue of ownership of outstanding shares of Company Capital Common Stock.

Parent to Provide Common Stock. Promptly after the Effective Time, Parent shall make available to the Exchange Agent for exchange in accordance with this Article I, the aggregate number of shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Capital Stock; provided that, on behalf of the holders of Company Capital Stock, Parent shall deposit into an escrow account a number of shares of Parent Common Stock equal to the Company Escrow Amount out of the aggregate number of shares of Parent Common Stock otherwise issuable pursuant to Section 1.6. The portion of the Company Escrow Amount contributed on behalf of each holder of Company Capital Stock shall be in proportion to the aggregate number of shares of Parent Common Stock which such holder would otherwise be entitled to receive under Section 1.6 by virtue of ownership of outstanding shares of Company Capital Stock.

Parent to Provide Common Stock. Promptly after At the Effective TimeClosing, Parent shall make available deliver to the Exchange Agent Shareholders for exchange in accordance with this Article I, the aggregate number of 550,000 shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Capital Stock; provided that, on behalf of the holders of Company Capital Stock, Parent shall deposit into an escrow account a number of shares of Parent Common Stock equal with BankOne Texas, N.A. (the "Escrow Agent") pursuant to the Escrow Amount out of the aggregate number of Agreement attached hereto as Exhibit C 300,000 shares of Parent Common Stock otherwise issuable pursuant to Section 1.6. The portion of the Escrow Amount contributed on behalf of each holder of Company Capital Stock shall be in proportion to the aggregate number of shares of Parent Common Stock which such holder would otherwise be entitled to receive under Section 1.6 by virtue of ownership of outstanding shares of Company Capital Stock.

Parent to Provide Common Stock. Promptly after the Effective ------------------------------ Time, Parent shall make available to the Exchange Agent for exchange in accordance with this Article I, the aggregate number of shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Capital Stock; provided that, on behalf of the holders of Company Capital Stock, Parent shall deposit into an escrow account a number of shares of Parent Common Stock equal to the Escrow Amount out of the aggregate number of shares of Parent Common Stock otherwise issuable pursuant to Section 1.6. The portion of the Escrow Amount contributed on behalf of each holder of Company Capital Stock shall be in proportion to the aggregate number of shares of Parent Common Stock which such holder would otherwise be entitled to receive under Section 1.6 by virtue of ownership of outstanding shares of Company Capital Stock.