Common use of Non-Application Clause in Contracts

Non-Application. The provisions of this Article II shall not apply in connection with or as part of a registered public offering of any securities of the Company in which any Stockholder or Management Stockholder participates pursuant to the Registration Rights Agreement, or otherwise, or any Transfer of Shares pursuant to Rule 144 promulgated under the Securities Act.

Non-Application. The provisions of this Article II shall not apply in connection with or as part of a registered public offering of any securities of the Company in which any Stockholder, MSD Stockholder or Management Stockholder participates pursuant to the Registration Rights Agreement, or otherwise, or any Transfer of Shares pursuant to Rule 144 promulgated under the Securities Act.

Non-Application. The provisions of this Article II III shall not apply in connection with or as part of a registered public offering of any securities of the Company in which any Stockholder or Management Stockholder participates pursuant to the Registration Rights Agreement, or otherwise, or any Transfer of Shares pursuant to Rule 144 promulgated under the Securities Act.