Resales of Restricted Stock. The Individual Officers, Xxxxxx Services, Inc., Quad D Partnership, and not to exceed five transferees who receive shares from such persons in a transaction or transactions meeting the requirements of federal and state securities law (collectively, the “Subject Shareholders”), shall be entitled to the same piggyback registration rights with respect to the shares of the Company’s common stock held by them (the “Subject Shares”) that are provided to Purchaser pursuant to Section 5(f) hereof and, in the event of any Cutback, an equal number of the Shares of Purchaser, on the one hand, and the Subject Shares, on the other hand, shall be included in any registration statement with respect to which Purchaser and the Subject Shareholders have requested registration (unless all of the Subject Shares have been included, in which event a greater number of the Shares of Purchaser may also be included). All costs and expenses of registration shall be paid by the Company, other than sales commissions and the expenses of any separate legal counsel engaged by the Subject Shareholders.
Resales of Restricted Stock. In the event the Company determines in good faith and upon the advice of its counsel that is unable to permit the resale under Rule 144(k) of the 2,070,500 shares (the "Subject Shares") of restricted stock held by the Company's current officers, directors and principal shareholders (the "Subject Shareholders"), which determination shall be made within ten business days of the written request therefor from the Subject Shareholders, then the Subject Shareholders shall immediately be entitled to the same demand and piggyback registration rights with respect to the Subject Shares that are provided to Purchaser pursuant to Section 5(e) hereof and, in the event of any Cutback, an equal number of the Shares of Purchaser and the Subject Shareholders shall be included in any registration statement (unless all of the Subject Shares have been included, in which event a greater number of the Shares of Purchaser may also be included) with respect to which Purchaser and the Subject Shareholders have requested registration. All costs and expenses of registration shall be paid by the Company, other than sales commissions and the expenses of any separate legal counsel engaged by the Subject Shareholders.
