Common use of Company Common Stock Clause in Contracts

Company Common Stock. Each share of Company Common Stock that is outstanding immediately prior to the Effective Time (other than (A) shares of Company Common Stock owned by Parent, Acquisition Sub or the Company, or by any direct or indirect wholly-owned Subsidiary of Parent, Acquisition Sub or the Company, in each case immediately prior to the Effective Time, and (B) any Dissenting Company Shares) shall be canceled and extinguished and automatically converted into the right to receive cash in an amount equal to the Offer Price (the “Merger Consideration”), without interest thereon, upon the surrender of the certificate representing such share of Company Common Stock in the manner provided in Section 3.8 (or in the case of a lost, stolen or destroyed certificate, upon delivery of an affidavit in the manner provided in Section 3.10).

Company Common Stock. Each share of the Common Stock, par value $0.001 per share, of the Company (“Company Common Stock that is Stock”) issued and outstanding immediately prior to the Effective Time (other than (A) shares of Company Common Stock owned by Parent, Acquisition Sub or the Company, or by any direct or indirect wholly-owned Subsidiary of Parent, Acquisition Sub or the Company, in each case immediately prior to the Effective Time, other than any shares of Company Common Stock to be canceled pursuant to Section 1.6(c) and (B) any Dissenting Company Shares) shall , will be canceled and extinguished and automatically converted (subject to Section 1.6(g)) into the right to receive cash $3.80 in an amount equal to cash, without interest (the Offer Price (“Per Share Amount” and the sum of the Per Share Amounts, the “Merger Consideration”), without interest thereon, upon the surrender of the certificate representing such share of Company Common Stock in the manner provided in Section 3.8 1.7 (or in the case of a lost, stolen or destroyed certificate, upon delivery of an affidavit in the manner provided in Section 3.101.9).

Company Common Stock. Each share of Company Common Stock that is issued and outstanding immediately prior to the Effective Time (other than (A) shares of Company Common Stock owned by Parent, Acquisition Merger Sub or the Company, or by any direct or indirect wholly-owned Subsidiary of Parent, Acquisition Merger Sub or the Company, in each case immediately prior to the Effective Time, and (B) any Dissenting Company Shares) shall be canceled and extinguished and automatically converted into the right to receive cash in an amount a number of shares of Parent Common Stock equal to the Offer Price (the “Merger Consideration”), without interest thereonExchange Ratio and cash in lieu of fractional shares pursuant to Section 2.7(e) hereof, upon the surrender of the certificate representing such share of Company Common Stock in the manner provided in Section 3.8 2.8 hereof (or in the case of a lost, stolen or destroyed certificate, upon delivery of an affidavit (and bond, if required) in the manner provided in Section 3.102.10 hereof).

Company Common Stock. Each share of Company Common Stock that is outstanding immediately prior to the Effective Time (other than (A) shares of Company Common Stock owned by Parent, Acquisition Merger Sub or the Company, or by any direct or indirect wholly-wholly owned Subsidiary of Parent, Acquisition Merger Sub or the Company, in each case immediately prior to the Effective Time, Time and (B) any Dissenting Company Shares) shall be canceled and extinguished and automatically converted into the right to receive cash in an amount equal to the Offer Price (the “Merger Consideration”)Common Per Share Amount, without interest thereon, upon the surrender of the certificate representing such share of Company Common Stock in the manner provided in Section 3.8 2.8 (or in the case of a lost, stolen or destroyed certificate, upon delivery of an affidavit (and bond, if required) in the manner provided in Section 3.102.10).

Company Common Stock. Each Upon the terms and subject to the conditions set forth in 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 the holders of such securities, each share of Company Common Stock that is outstanding immediately prior to the Effective Time (other than (A) shares of any Cancelled Company Common Stock owned by Parent, Acquisition Sub or the Company, or by any direct or indirect wholly-owned Subsidiary of Parent, Acquisition Sub or the Company, in each case immediately prior to the Effective Time, Shares and (B) any Dissenting Company Shares) shall be canceled cancelled and extinguished and automatically converted into the right to receive cash in an amount in cash equal to the Offer Price $5.50 (the “Merger ConsiderationPer Share Price”), without interest thereon, upon the surrender of the certificate representing such share of Company Common Stock in the manner provided set forth in Section 3.8 1.7 (or in the case of a lost, stolen or destroyed certificate, upon delivery of an affidavit (and bond, if required) in the manner provided set forth in Section 3.101.9).

Company Common Stock. Each share of Company Common Stock that is outstanding immediately prior to the Effective Time (other than (A) shares of Company Common Stock owned by ParentNewco, Acquisition Merger Sub or the Company, or by any direct or indirect wholly-owned Subsidiary of ParentNewco, Acquisition Merger Sub or the Company, in each case immediately prior to the Effective Time, and (B) any Dissenting Company Shares) shall be canceled cancelled, retired and extinguished cease to exist and automatically converted into the right to receive cash in an amount equal to the Offer Price $27.10 (the “Merger ConsiderationPer Share Price”), without interest thereon, upon the surrender of the certificate representing such share of Company Common Stock in the manner provided in Section 3.8 2.8 (or in the case of a lost, stolen or destroyed certificate, upon delivery of an affidavit (and bond, if required) in the manner provided in Section 3.102.10).

Company Common Stock. Each share of the Common Stock, no par value, of the Company (together with the associated Company Right under the Company Rights Agreement) (“Company Common Stock that is Stock”) issued and outstanding immediately prior to the Effective Time (other than (A) shares of Company Common Stock owned by Parent, Acquisition Sub or the Company, or by any direct or indirect wholly-owned Subsidiary of Parent, Acquisition Sub or the Company, in each case immediately prior to the Effective Time, and (Bother than any shares of Company Common Stock to be canceled pursuant to Section 1.6(d) any or Dissenting Company Shares) shall Shares as provided in Section 1.7, will be canceled and extinguished and automatically converted into the right to receive cash in an amount of cash equal to the Offer Price $0.90, without interest (such amount of cash hereinafter referred to as the “Merger Consideration”), without interest thereon, ) upon the surrender of the certificate representing such share of Company Common Stock in the manner provided in Section 3.8 1.8 (or in the case of a lost, stolen or destroyed certificate, upon delivery of an affidavit (and bond, if required) in the manner provided in Section 3.101.10).

Company Common Stock. Each share of Company Common Stock that is outstanding immediately prior to the Effective Time (other than (Ai) shares of Company Common Stock owned by Parent, Acquisition Sub or the Company, or by any direct or indirect wholly-owned Subsidiary of Parent, Acquisition Sub or the Company, in each case immediately prior to the Effective Time, and (Bii) any Dissenting Company Shares) shall be canceled and extinguished and automatically converted into the right to receive cash in an amount equal to the Offer Price $8.00 (the “Merger Consideration”), without interest thereon, upon the surrender of the certificate representing such share of Company Common Stock in the manner provided in Section 3.8 2.8 (or in the case of a lost, stolen or destroyed certificate, upon delivery of an affidavit affidavit, and, if required, the posting of a bond in a customary amount in the manner provided in Section 3.102.10).