Common use of Class of Securities Not Listed Clause in Contracts

Class of Securities Not Listed. When the Offered Securities are issued and delivered pursuant to this Agreement, no Offered Security will be of the same class (within the meaning of Rule 144A under the Securities Act) as securities of the Company that are listed on a national securities exchange registered under Section 6 of the Exchange Act or quoted in a United States automated interdealer quotation system.

Class of Securities Not Listed. When the Offered Securities and the Guarantees are issued and delivered pursuant to this Agreement, no none of the Offered Security Securities or the Guarantees will be of the same class (within the meaning of Rule 144A under the Securities Act144A) as securities any security of the Company or Hovnanian that are is listed on a national securities exchange registered under Section 6 of the Exchange Act or that is quoted in a United States automated interdealer inter-dealer quotation system.