Common use of Ownership of Company Common Stock Clause in Contracts

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. (a) Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCLDGCL (other than as contemplated by this Agreement and the Support Agreements).

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor None of Parent, Merger Sub or any other Parent Subsidiary is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent Parent, Merger Sub nor Merger Sub LLC is, nor at any time during the last three (3) years has been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor Merger Sub nor any “affiliate” or “associate” (as such terms are used in Section 203 of the DGCL) of Parent or Merger Sub, is, nor or was or became at any time during the last three (3) years has beenyears, an “interested stockholder” of the Company (as such term is defined in Section 203 of the DGCL).

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time has beneficially owned during the last immediately preceding three (3) years has been, a number of shares of Company Common Stock that would make it an “interested stockholder” of the Company (as such term is defined in Section §203 of the DGCL) of the Company.

Ownership of Company Common Stock. Neither Parent nor None of Parent, Merger Sub is, nor at any time during the last three (3) years has been, I or Merger Sub II is an “interested stockholder” (within the meaning of the Company as defined in Section 203 of the DGCL) with respect to the Company and has not, within the last three years, been an “interested stockholder” with respect to the Company.

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCLDGCL (other than as contemplated by this Agreement).

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time is or has been during the last past three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor None of Parent, Merger Sub or any of their respective “affiliates” or “associates” is, nor or has been at any time during the last three (3) years has beenyears, an “interested stockholder” of the Company (in each case, as such quoted terms are defined in under Section 203 of the DGCL). Neither Parent nor Merger Sub own any shares of Company Common Stock.

Ownership of Company Common Stock. Neither Parent nor None of Parent, Merger Sub or any of their respective Subsidiaries is, nor or has been at any time during the last three (3) years has beenyears, an “interested stockholder” of the Company (in each case as such terms are defined in Section 203 the Company Charter). Neither Parent, Merger Sub nor any of the DGCLtheir Subsidiaries holds any rights to acquire any Company Common Stock except pursuant to this Agreement.

Ownership of Company Common Stock. Neither Parent nor Merger Sub Purchaser is, nor at any time during for the last past three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor the Merger Sub Subs is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCLDGCL (other than as contemplated by this Agreement).

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) five years has it been, an “"interested stockholder” shareholder" of the Company as defined in Section 203 912 of the DGCLNYBCL.

Ownership of Company Common Stock. Neither Parent nor None of Parent, Merger Sub or Merger LLC is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Prior to the date hereof (and without giving effect to the execution and delivery of the Voting Agreement), neither Parent nor Merger Sub isSub, nor alone or together with any other Person, was at any time during the last three (3) years has been, an “interested stockholdershareholder” within the meaning of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor Merger Sub the Purchaser is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor Parent, Merger Sub nor any of their respective affiliates is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. (a) Neither Parent nor Merger Sub is, nor at any time during the last three (3) two years has it been, an “interested stockholder” of the Company as defined in Section 203 of NRS 78.423 (other than as contemplated by this Agreement and the DGCLVoting Agreements).

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor None of Parent, Merger Sub or any of their respective Affiliates is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as such term is defined in Section 203 of the DGCLDGCL (other than as contemplated by this Agreement or the Voting Agreement).

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last immediately preceding three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCLDGCL (other than as contemplated by this Agreement).

Ownership of Company Common Stock. Neither Subject to the accuracy of the representations and warranties of the Company set forth in Section 4.3(b) and Section 4.25, neither Parent nor Merger Sub is, nor at any time during the last three (3) years has been, an “interested stockholdershareholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor Merger Sub Sub, nor any “affiliate” or “associate” of either of the foregoing, is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company Company, in each case as defined in Section 203 Article X of the DGCLCompany Charter (other than by reason of the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby).

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor None of Parent, Merger Sub nor any Parent Subsidiary is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL. None of Parent, Merger Sub nor any Parent Subsidiary owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the Company (other than as contemplated by this Agreement).

Ownership of Company Common Stock. Neither Parent nor None of Parent, Merger Sub or any of their respective Affiliates is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as such term is defined in Section 203 of the DGCLDGCL (other than as contemplated by this Agreement).

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor Merger Sub or any of their affiliates is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in within the meaning of Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent Parent, nor Merger Sub nor Merger LLC is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor any of its Affiliates beneficially owns (as defined in Rule 13d-3 of the Exchange Act), or at any time during the past three years has owned, any shares of Company Common Stock. Neither Parent, Merger Sub nor any of their “affiliates” or “associates” is, nor and at any no time during the last three (3) years has been, an “interested stockholder” of the Company Company, as such quoted terms are defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither As of the date hereof, neither Parent, Merger Sub nor any of their respective Subsidiaries beneficially owns any Company Common Stock. As of the date hereof, neither Parent nor Merger Sub nor any of their respective “affiliates” or “associates” is, nor and at any no time during the last three (3) years has been, an “interested stockholder” of the Company Company, as such terms are defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor or has been at any time during the last three (3) years has beenpreceding the date of this Agreement, an “interested stockholder” of the Company subject to the restrictions on “business combinations” (in each case, as such quoted terms are defined in under Section 203 of the DGCL) set forth in Section 203(a) of the DGCL.

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last immediately preceding three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 13-1.725 of the DGCLVSCA (other than as contemplated by this Agreement).

Ownership of Company Common Stock. Neither Other than as a result of this Agreement and the Support Agreements, neither Parent nor Merger Sub is, nor at any time during the last three (3) years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. As of the date of this Agreement, neither Parent nor Merger Sub beneficially owns any Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last past three (3) years has either been, an “interested stockholder” of the Company as defined in Section section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time is (or has been during the last three (3two years prior to the date of this Agreement) years has been, an “interested stockholder” of the Company (as defined in Section 203 of the DGCL) of the Company, assuming that the representations of the Company set forth in Section 3.3(c) are true and correct.

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last three five (35) years has been, an “interested stockholdershareholder” of the Company as defined in Section 203 351.459 of the DGCLMGBCL (other than as contemplated by this Agreement).

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor or at any time during the last three (3) years has been, an “interested stockholder” of the Company within the meaning of Section 203 of the DGCL. Neither Parent nor Merger Sub nor any of their affiliates or associates (as defined in Section 203 of the DGCL) owns (within the meaning of Section 203 of the DGCL) any Company Stock or holds any rights to acquire any Company Stock (or any interests therein) except pursuant to this Agreement.

Ownership of Company Common Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years prior to the date of this Agreement has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL.

Ownership of Company Common Stock. Neither Parent nor Merger Sub isnor any of their respective Affiliates is or has been since December 31, nor at any time during the last three (3) years has been2012, an “interested stockholder” of the Company (as defined in Section 203 of the DGCL) of the Company.