Common use of OWNERSHIP BY SHARES Clause in Contracts

OWNERSHIP BY SHARES. Each Shareholder within such Group of Shareholders is either (A) the record and Beneficial Owner of, or (B) the Beneficial Owner but not the record holder of, the number of Shares set forth opposite the Shareholder's name on Schedule A, B, C or D hereto, as the case may be. As of October 16, 1997, the Shares set forth opposite such Shareholder's name on Schedule A, B, C or D hereto constitute all of the Shares owned of record or Beneficially Owned by such Shareholder. Such Shareholder has sole power to issue instructions with respect to the matters set forth in Section 2 hereof, sole power of disposition, sole power of conversion, sole power to demand appraisal rights and sole power to agree to all of the matters set forth in this Agreement, in each case with respect to all of the shares set forth opposite such Shareholder's name on Schedule A, B, C or D hereto, as the case may be, with no material limitations, qualifications or restrictions on such rights, subject to applicable securities laws and the terms of this Agreement.