Common use of Shares and Options Clause in Contracts

Shares and Options. Except as contemplated hereby, until the earlier of the Effective Time or the Termination of this Agreement pursuant to Article VI (the "Release Time") without the prior written consent of Parent and Merger-Sub, no share of capital stock of Xxxxxxxxxxxx.xxx or any option or warrant for any such share, right to subscribe to or purchase any such share, or security convertible into or exchangeable for any such share, shall be issued or sold by Xxxxxxxxxxxx.xxx, nor shall Xxxxxxxxxxxx.xxx enter into any agreement or commitment to effect any such issuance or sale.

Shares and Options. Except as contemplated hereby, until the earlier of the Effective Time or the Termination of this Agreement pursuant to Article VI (the "Release Time") without the prior written consent of Parent and Merger-SubXxxxxxxxxxxx.xxx, no share of capital stock of Xxxxxxxxxxxx.xxx the Parent or the Merger-Sub or any option or warrant for any such share, right to subscribe to or purchase any such share, or security convertible into or exchangeable for any such share, shall be issued or sold by Xxxxxxxxxxxx.xxxthe Parent or the Merger-Sub, nor shall Xxxxxxxxxxxx.xxx the Parent or the Merger-Sub enter into any agreement or commitment to effect any such issuance or sale.

Shares and Options. Except as contemplated hereby, until the earlier of the Effective Time or the Termination of this Agreement pursuant to Article VI (the "Release Time") without the prior written consent of Parent and Merger-SubFM&I, no share of capital stock of Xxxxxxxxxxxx.xxx the Parent or the Merger-Sub or any option or warrant for any such share, right to subscribe to or purchase any such share, or security convertible into or exchangeable for any such share, shall be issued or sold by Xxxxxxxxxxxx.xxxthe Parent or the Merger-Sub, nor shall Xxxxxxxxxxxx.xxx the Parent or the Merger-Sub enter into any agreement or commitment to effect any such issuance or sale.