Common use of No Further Ownership Rights Clause in Contracts

No Further Ownership Rights. From and after the Effective Time, all shares of Company Common Stock shall no longer be outstanding and shall automatically be cancelled, retired and cease to exist, and each holder of a Certificate or Uncertificated Shares theretofore representing any shares of Company Common Stock shall cease to have any rights with respect thereto, except the right to receive the Merger Consideration payable therefor upon the surrender thereof in accordance with the provisions of Section 3.2, or with respect to Dissenting Company Shares, the right to receive payment of the appraised value of such Dissenting Company Shares in accordance with Section 262 of the DGCL. The Merger Consideration paid in accordance with the terms of this Article III shall be deemed to have been paid in full satisfaction of all rights pertaining to such shares of Company Common Stock (other than Dissenting Company Shares to the extent the holder thereof has not failed to perfect, withdrawn or otherwise lost the right to appraisal of such Dissenting Company Shares under Section 262 of the DGCL). From and after the Effective Time, there shall be no further registration of transfers on the records of the Surviving Corporation of shares of Company Common Stock that were issued and outstanding immediately prior to the Effective Time, other than transfers to reflect, in accordance with customary settlement procedures, trades effected prior to the Effective Time. If, after the Effective Time, Certificates or Uncertificated Shares are presented to the Surviving Corporation for any reason, they shall be canceled and exchanged as provided in this Article III.

No Further Ownership Rights. From and after the Effective Time, all shares of Company Common Stock Shares (including Company Shares represented by ADSs) shall no longer be outstanding and outstanding, all Company Shares shall automatically be cancelled, retired cancelled and cease to exist, and all ADSs shall be surrendered, and each holder of a Certificate Company Share or Uncertificated Shares theretofore ADSs representing any shares of Company Common Stock Shares shall cease to have any rights with respect thereto, except the right to receive the Per Share Merger Consideration or the Per ADS Merger Consideration payable therefor for each of such Company Shares (other than Excluded Shares) or ADSs (other than ADSs representing Excluded Shares) upon the surrender thereof cancellation of each of such Company Shares or ADSs in accordance with the provisions of Section 3.2, or with respect to Dissenting Company Shares, the right to receive payment of the appraised value of such Dissenting Company Shares in accordance with Section 262 of the DGCL. The Per Share Merger Consideration and the Per ADS Merger Consideration paid for each Company Share or ADS in accordance with the terms of this Article III shall be deemed to have been paid in full satisfaction of all rights pertaining to such shares of Company Common Stock (other than Dissenting Company Shares to the extent the holder thereof has not failed to perfect, withdrawn or otherwise lost the right to appraisal of such Dissenting (including Company Shares under Section 262 of the DGCLrepresented by ADSs). From and after the Effective Time, there shall be no further registration of transfers on the records of the Surviving Corporation of shares Company of Company Common Stock Shares (including Company Shares represented by ADSs) that were issued and outstanding immediately prior to the Effective Time, other than transfers to reflect, in accordance with customary settlement procedures, trades effected prior to the Effective Time. If, after the Effective Time, Certificates or Certificates, Uncertificated Shares or ADSs are presented to the Surviving Corporation Company for any reason, they shall be surrendered, canceled and or exchanged as provided in this Article III.

No Further Ownership Rights. From and after the Effective Time, all shares of Company Common Stock Shares (including Company Shares represented by ADSs) (excluding the Founder Shares) shall no longer be outstanding and outstanding, all Company Shares (excluding the Founder Shares) shall automatically be cancelled, retired cancelled and cease to exist, and all ADSs shall be surrendered, and each holder of a Certificate Company Share (excluding the Founder Shares) or Uncertificated Shares theretofore ADSs representing any shares of Company Common Stock Shares shall cease to have any rights with respect thereto, except the right to receive the Per Share Merger Consideration or the Per ADS Merger Consideration payable therefor upon the surrender cancellation thereof in accordance with the provisions of Section 3.2, or with respect to Dissenting Company Shares, the right to receive payment of the appraised value of such Dissenting Company Shares in accordance with Section 262 of the DGCL. The Per Share Merger Consideration and the Per ADS Merger Consideration paid in accordance with the terms of this Article III shall be deemed to have been paid in full satisfaction of all rights pertaining to such shares of Company Common Stock (other than Dissenting Company Shares to the extent the holder thereof has not failed to perfect, withdrawn or otherwise lost the right to appraisal of such Dissenting (including Company Shares under Section 262 of the DGCLrepresented by ADSs). From and after the Effective Time, there shall be no further registration of transfers on the records of the Surviving Corporation of shares of Company Common Stock Shares (including Company Shares represented by ADSs) (excluding the Founder Shares) that were issued and outstanding immediately prior to the Effective Time, other than transfers to reflect, in accordance with customary settlement procedures, trades effected prior to the Effective Time. If, after the Effective Time, Certificates or (other than any Certificates in respect of the Founder Shares), Uncertificated Shares or ADSs are presented to the Surviving Corporation for any reason, they shall be canceled and surrendered, canceled, exchanged as provided in this Article III.

No Further Ownership Rights. From and after At the Effective Time, all shares holders of Company Common Stock shall no longer be outstanding Shares and shall automatically be cancelled, retired and cease to exist, and each holder of a Certificate or Uncertificated Series B Preferred Shares theretofore representing any shares of Company Common Stock shall cease to be, and shall have any no rights with respect theretoas, except stockholders of the Company other than the right to receive the Company Common Share Merger Consideration payable therefor or Series B Per Share Merger Consideration, respectively, as provided under this Article III. The Company Common Share Merger Consideration and Series B Per Share Merger Consideration paid upon the surrender thereof in accordance with the provisions for exchange of Section 3.2, Certificates representing Company Common Shares or with respect to Dissenting Company Series B Preferred Shares, as the right to receive payment of the appraised value of such Dissenting Company Shares in accordance with Section 262 of the DGCL. The Merger Consideration paid case may be, in accordance with the terms of this Article III shall be deemed to have been paid in full satisfaction of all rights and privileges pertaining to such shares of the Company Common Stock (other than Dissenting Shares and Series B Preferred Shares exchanged theretofore and represented by such Certificates. The Warrant Merger Consideration paid with respect to Company Shares Warrants in accordance with the terms of this Article III shall be deemed to have been paid in full satisfaction of all rights and privileges pertaining to the extent the holder thereof has not failed to perfectcanceled Company Warrants, withdrawn or otherwise lost the right to appraisal of such Dissenting Company Shares under Section 262 of the DGCL). From and on and after the Effective Time, there Time the holder of a Company Warrant canceled pursuant to this Article III shall be have no further registration of transfers on the records of the Surviving Corporation of shares of rights with respect to any Company Common Stock that were issued and outstanding immediately prior to the Effective TimeWarrant, other than transfers the right to reflect, in accordance with customary settlement procedures, trades effected prior to receive the Effective Time. If, after the Effective Time, Certificates or Uncertificated Shares are presented to the Surviving Corporation for any reason, they shall be canceled and exchanged Warrant Merger Consideration as provided in this Article III.Section 3.01(d). Execution Version April 26, 2007

No Further Ownership Rights. From and after the Effective Time, all shares of Company Common Stock Shares (including Company Shares represented by ADSs) shall no longer be outstanding and outstanding, all Company Shares shall automatically be cancelled, retired cancelled and cease to exist, and all ADSs shall be surrendered, and each holder of a Certificate Company Share or Uncertificated Shares theretofore ADSs representing any shares of Company Common Stock Shares shall cease to have any rights with respect thereto, except the right to receive the Per Share Merger Consideration or the Per ADS Merger Consideration payable therefor for each of such Company Shares or ADSs upon the surrender thereof cancellation of each of such Company Shares or ADSs in accordance with the provisions of Section 3.2, or with respect to Dissenting Company Shares, the right to receive payment of the appraised value of such Dissenting Company Shares in accordance with Section 262 of the DGCL. The Per Share Merger Consideration and the Per ADS Merger Consideration paid for each Company Share or ADS in accordance with the terms of this Article III shall be deemed to have been paid in full satisfaction of all rights pertaining to such shares of Company Common Stock (other than Dissenting Company Shares to the extent the holder thereof has not failed to perfect, withdrawn or otherwise lost the right to appraisal of such Dissenting (including Company Shares under Section 262 of the DGCLrepresented by ADSs). From and after the Effective Time, there shall be no further registration of transfers on the records of the Surviving Corporation of shares Company of Company Common Stock Shares (including Company Shares represented by ADSs) that were issued and outstanding immediately prior to the Effective Time, other than transfers to reflect, in accordance with customary settlement procedures, trades effected prior to the Effective Time. If, after the Effective Time, Certificates or Certificates, Uncertificated Shares or ADSs are presented to the Surviving Corporation Company for any reason, they shall be surrendered, canceled and or exchanged as provided in this Article III.