Common use of Company Capital Stock Clause in Contracts

Company Capital Stock. Upon the terms and subject to the conditions of this Agreement, at the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub, the Company or any Stockholder, each outstanding share of Company Capital Stock issued and outstanding immediately prior to the Effective Time, will be canceled and extinguished and be converted automatically into the right to receive a portion of the Merger Consideration as determined in accordance with the terms of the Company Charter Documents as set forth on attached Schedule I.

Company Capital Stock. Upon Subject to the terms and subject to the conditions of this Agreement, at as of the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub, the Company or any StockholderCompany Shareholder, each outstanding share of Company Capital Stock issued (other than any Dissenting Shares and outstanding immediately prior any shares of Company Capital Stock to be cancelled pursuant to Section 2.6(b)) shall, upon surrender of the Effective Timecertificate representing such share of Company Capital Stock in the manner set forth in Section 2.8, will be canceled and extinguished and be converted automatically into the right to receive a portion of the Merger Consideration as determined in accordance with the terms of the Company Charter Documents as set forth on attached Schedule I.receive:

Company Capital Stock. Upon Subject to the terms and subject to the conditions of this Agreement, at as of the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub, the Company or the holder of any Stockholdershares of the Company Capital Stock, each outstanding share of Company Capital Stock issued and outstanding immediately prior to the Effective Time, Time (other than any Dissenting Shares (as defined in Section 1.8)) will be canceled and extinguished and be converted automatically into the right to receive a portion receive, upon surrender of the Merger Consideration as determined certificate representing such share of Company Capital Stock in accordance with the terms of manner provided in Section 1.9(c), the Company Charter Documents as set forth on attached Schedule I.following:

Company Capital Stock. Upon Subject to the terms and subject to the conditions of this Agreement, at as of the Effective Time, by virtue of the First Merger and without any action on the part of Parent, Merger Sub, the Company or any Stockholder, Company Stockholder each outstanding share of Company Capital Stock issued and outstanding immediately prior to the Effective Time, will (other than any Dissenting Shares) shall be canceled and extinguished and be converted automatically into the right to receive a portion receive, upon surrender of the certificate representing such share of Company Capital Stock in the manner set forth in this Agreement, the Merger Consideration as determined in accordance with the terms of the Company Charter Documents as set forth on attached Schedule I.following manner:

Company Capital Stock. Upon the terms and subject to the conditions of this Agreement, at the Effective Time, by virtue of the First Merger and without any action on the part of Parent, Merger SubSub I, Merger Sub II, the Company or any Stockholderthe holders of shares of Company Capital Stock, each outstanding share of Company Capital Stock (including for clarity each Company Restricted Share) issued and outstanding immediately prior to the Effective Time, Time will be canceled cancelled and extinguished and will be converted automatically into the non-transferable right to receive a portion of the Merger Consideration as determined Milestone Payments in accordance with the terms of the Company Charter Documents as set forth on attached Schedule I.Section 1.12.