Common use of PERMITTED SALES DURING FIRST YEAR Clause in Contracts

PERMITTED SALES DURING FIRST YEAR. Seagate may sell (a) up to a maximum number of 6,000,000 shares of Newco Common Stock in one Bona Fide Public Offering in the first year following consummation of the Plan, and (b) in any quarter in which the Bona Fide Public Offering referred to in clause (a) above has not been completed, Newco Common Stock according to the following schedule: (i) up to a maximum number of 2,000,000 shares in the quarters ending in September, 1999, December, 1999 and March, 2000, and (ii) up to a maximum number of 3,000,000 shares in the quarter ending in June, 2000. Newco shall pay all expenses incurred in connection with a Bona Fide Public Offering pursuant to this Section including, without limitation, all registration and filing fees, printing expenses, custody fees, fees and disbursements of counsel for Newco, blue sky fees and expenses, and the expense of any special audits incident to or required by any such Bona Fide Public Offering but not including any underwriting discounts and selling commissions applicable to the sale of the shares and all fees and disbursements of counsel for Seagate. 3.

PERMITTED SALES DURING FIRST YEAR. Seagate may sell (a) up to a maximum number of 6,000,000 shares of Newco Common Stock in one Bona Fide Public Offering BONA FIDE PUBLIC OFFERING in the first year following consummation of the Plan, and (b) in any quarter quarters in which the Bona Fide Public Offering BONA FIDE PUBLIC OFFERING referred to in clause (a) above has not been completed, Newco Common Stock according to the following schedule: (i) up to a maximum number amount of 2,000,000 shares in the quarters ending in September, 1999, December, 1999 1999, and March, 2000, 2000 and (ii) up to a maximum number amount of 3,000,000 shares in the quarter ending in June, 2000. Newco shall pay all expenses incurred in connection with a Bona Fide Public Offering BONA FIDE PUBLIC OFFERING pursuant to this Section including, without limitation, all registration and filing fees, printing expenses, custody fees, fees and disbursements of counsel for Newco, blue sky fees and expenses, and the expense of any special audits incident to or required by any such Bona Fide Public Offering BONA FIDE PUBLIC OFFERING but not including any underwriting discounts and selling commissions applicable to the sale of the shares and all fees and disbursements of counsel for Seagate. 3.

PERMITTED SALES DURING FIRST YEAR. Seagate may sell (a) up to a maximum number of 6,000,000 shares of Newco Common Stock in one One Bona Fide Public Offering in the first year following consummation of the Plan, and (b) in any quarter in which the Bona Fide Public Offering referred to in clause (a) above has not been completed, Newco Common Stock according to the following schedule: (i) up to a maximum number of 2,000,000 shares in the quarters ending in September, 1999, December, 1999 and March, 2000, and (ii) up to a maximum number of 3,000,000 shares in the quarter ending in June, 2000. Newco shall pay all expenses incurred in connection with a Bona Fide Public Offering pursuant to this Section including, without limitation, all registration and filing fees, printing expenses, custody fees, fees and disbursements of counsel for Newco, blue sky fees and expenses, and the expense of any special audits incident to or required by any such Bona Fide Public Offering but not including any underwriting discounts and selling commissions applicable to the sale of the shares and all fees and disbursements of counsel for Seagate. 3.