Common use of TRANSACTIONS IN CAPITAL Clause in Contracts

TRANSACTIONS IN CAPITAL. The Company has not acquired any of its capital stock. Except as set forth in Schedule 3.3, there exist no options, warrants, subscriptions or other rights to purchase, or securities convertible into or exchangeable for, any of the authorized or outstanding securities of the Company, and no option, warrant, call, conversion right or commitment of any kind exists that obligates the Company to issue any of its authorized but unissued capital stock. Except as set forth in Schedule 3.3, the Company has no obligation (contingent or otherwise) to purchase, redeem or otherwise acquire any of its equity securities or any interests therein or to pay any dividend or make any distribution in respect thereof. Except as set forth in Schedule 3.3, neither the equity structure of the Company nor the relative ownership of shares among any of its stockholders has been altered or changed in contemplation of the transactions contemplated hereby.

TRANSACTIONS IN CAPITAL. The Company has not acquired any none of its capital stockstock since ____________, ____. Except as set forth in Schedule 3.3, there exist no options, warrants, subscriptions or other rights to purchase, or securities convertible into or exchangeable for, any of the authorized or outstanding securities of the Company, and no option, warrant, call, conversion right or commitment of any kind exists that obligates the Company to issue any of its authorized but unissued capital stock. Except as set forth in Schedule 3.3, the Company has no obligation (contingent or otherwise) to purchase, redeem or otherwise acquire any of its equity securities or any interests therein or to pay any dividend or make any distribution in respect thereof. Except as set forth in Schedule 3.3, neither the equity structure of the Company nor the relative ownership of shares among any of its stockholders has been altered or changed in contemplation of the transactions contemplated hereby.