Common use of Section 16 Matters Clause in Contracts

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate required and permitted to cause the transactions contemplated by this Agreement, including any dispositions of Shares shares of Company Common Stock (including derivative securities with respect to such SharesCompany Common Stock) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate required to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including any derivative securities with respect to such Sharesthereto) resulting from the transactions contemplated by this Agreement Transactions by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, Company to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company and the Company Board shall take all such steps as may be necessary or appropriate required to cause the transactions contemplated by this Agreement, including any dispositions of Shares equity securities of the Company (including derivative securities securities) in connection with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual Company director or officer who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, ’s equity securities to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares Company Common Stock (including derivative securities with respect to such SharesCompany Common Stock) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares shares of Company Common Stock (including derivative securities with respect to such Sharesshares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall will be permitted to take all such steps as may be reasonably necessary or appropriate advisable to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative Company equity securities with respect pursuant to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate required and permitted to cause the transactions contemplated by this Agreement, including any dispositions of Shares shares of Company Securities (including derivative securities with respect to such SharesCompany Securities) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Company Shares (including derivative securities with respect to such Company Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange ActAct in accordance with that certain No-Action Letter dated January 12, 1999 issued by the SEC regarding such matters.

Section 16 Matters. Prior The Company Board shall, prior to the Effective Time, the Company Board shall take all such steps actions as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including Agreement and any other dispositions of Shares equity securities of the Company (including derivative securities securities) in connection with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is a director or will be subject to the reporting requirements of Section 16(a) executive officer of the Exchange Act with respect to the Company, Company to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the The Company Board and its board of directors (or committee thereof) shall take all such steps as may be actions reasonably necessary or appropriate to cause the transactions contemplated by this Agreement, including Agreement and any other dispositions of Shares equity securities of the Company (including derivative securities securities) in connection with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is a director or will be subject to the reporting requirements of Section 16(a) executive officer of the Exchange Act with respect to the Company, Company to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company and the Company’s Board of Directors shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions disposition of Shares (including derivative securities Common Stock in connection with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of under Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board (or an appropriate committee thereof) shall take all such steps as may be necessary or appropriate required and permitted to cause the transactions contemplated by this Agreement, including any dispositions of Shares equity securities of the Company (including derivative securities with respect securities) pursuant to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall use its reasonable best efforts to take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 16b–3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Acceptance Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps within its power and authority as may be necessary or appropriate required to cause the transactions contemplated by this Agreement, including any dispositions of Shares Company Common Stock (including derivative securities with respect to such SharesCompany Common Stock) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, Company to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to Promptly after the Effective TimeAgreement Date, the Company and the Company Board shall will take all such steps as may be necessary or appropriate required to cause the transactions contemplated by this Agreement, including any dispositions of Shares shares of Company Stock (including derivative securities with respect to such Sharessecurities) resulting from the transactions contemplated by this Agreement Transactions by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, Company to be exempt under Rule 16b-3 promulgated under the Exchange Act., to the extent permitted by applicable Law. ARTICLE VII

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) and Company Stock Options (including the acquisition of shares underlying such Company Stock Options or the disposition of such shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate required and permitted to cause the transactions contemplated by this Agreement, including any dispositions of Shares shares of Company Common Stock (including derivative securities with respect to such SharesCompany Common Stock) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior The Company Board shall, prior to the Effective Time, the Company Board shall take all such steps actions as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions the contribution of Shares (including derivative securities with respect the Convertible Notes to such Shares) resulting from the transactions contemplated Company and the issuance by the Company of the Company Common Stock and the Modified Convertible Notes pursuant to this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company and the Company Board shall take all such steps as may reasonably be necessary or appropriate and permitted to cause the transactions contemplated by this Agreement, including any dispositions of Shares shares of Common Stock (including derivative securities with respect to such Sharesshares of Common Stock) resulting from the transactions contemplated by pursuant to this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, Company to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Acceptance Time, the Company Board shall take all such reasonable steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, the Support Agreements, including any dispositions of Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange 41 Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange ActAct in accordance with that certain No-Action Letter dated January 12, 1999 issued by the SEC regarding such matters.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange ActAct in accordance with that certain No-Action Letter dated January 12, 1999 issued by the SEC regarding such matters.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be reasonably necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) and Company Stock Awards (including the acquisition of shares underlying such Company Stock Awards or the disposition of such shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 16b‑3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act, to the extent allowable under Rule 16b-3.

Section 16 Matters. Prior to the Effective Time, the Company Board shall may take all such reasonable steps as may be necessary or appropriate permitted through resolutions of the Board to cause the transactions contemplated by this Agreement, including any dispositions of Shares equity securities (including derivative securities with respect to such Sharessecurities) resulting from of the transactions contemplated by this Agreement Company by each individual who is or will be at the Effective Time subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board and the Company Board, shall take all such steps as may be reasonably necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares equity securities (including derivative securities securities) of the Company in connection with respect to such Shares) resulting from the transactions contemplated by this Agreement and the Transactions by each individual officer or director of the Company who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, Company to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be become subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) and Company Stock Options (including the acquisition of shares underlying such Company Stock Options or the disposition of such shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 16b‑3 promulgated under the Exchange Act.. 53

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Company Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 16b 3 promulgated under the Exchange Act.

Section 16 Matters. Prior to the Effective Time, the Company Board shall take all such steps as may be necessary or appropriate to cause the transactions contemplated by this Agreement, including any dispositions of Shares (including derivative securities with respect to such Shares) resulting from the transactions contemplated by this Agreement by each individual who is or will be subject to the reporting requirements of Section 16(a) of the Exchange Act with respect to the Company, to be exempt under Rule 16b-3 16b‑3 promulgated under the Exchange Act.