Common use of Reservation and Availability of Common Stock Clause in Contracts

Reservation and Availability of Common Stock. (a) The Company covenants and agrees that on and after the Distribution Date, it will use reasonable efforts to cause to be reserved and kept available, out of its authorized and unissued shares of Common Stock, the number of shares of Common Stock that, except as provided in Section 11(a)(iii) hereof, would then be sufficient to permit the exercise in full of all outstanding Rights; provided, however, that the reservation of such shares shall be subject and subordinate to any other reservation of shares of Common Stock of the Company made by the Company at any time for any lawful purpose; and further provided, however, that in no event shall such failure to so reserve shares affect the rights of any holder of Rights hereunder.

Reservation and Availability of Common Stock. (a) The Company covenants and agrees that on and after the Distribution Date, it will shall use reasonable efforts to cause to be reserved and kept availableavailable out of its authorized and unissued shares of Common Stock (and/or, following the occurrence of a Common Stock Event, out of its authorized and unissued shares of Common StockOther Consideration, or out of its authorized and issued shares held in its treasury), the number of shares of Common Stock (and/or, following a Common Stock Event, shares of Other Consideration) that, except as provided in Section 11(a)(iii) 11.1.3 hereof, would then be sufficient to permit the exercise in full of all outstanding Rights; provided, however, that the reservation of such shares shall be subject and subordinate to any other reservation of such shares of Common Stock of the Company made by the Company at any time for any lawful purpose; and further provided, further, however, that in no event shall such failure to so reserve shares affect the rights of any holder of Rights hereunder.