Common use of Treatment of Company Preferred Stock Clause in Contracts

Treatment of Company Preferred Stock. (a) Subject to the terms ------------------------------------ and conditions of this Agreement, each Stockholder agrees that, immediately prior to the Effective Time, each share of the Series A Convertible Participating Preferred Stock, par value $.01 per share, of the Company (the "Company Preferred Stock"), beneficially owned by such Stockholder shall be ------------------------ converted into shares of Company Common Stock in accordance with the Company's Certificate of Designation for the Company Preferred Stock, which shares shall then, in accordance with the terms of the Merger Agreement, be converted in the Merger into the right to receive shares of Acquiror Common Stock equal to the product of (i) the Exchange Ratio and (ii) the number of shares of Company Common Stock issuable upon conversion of such share of Company Preferred Stock immediately prior to the Effective Time (such conversion by any holder of Company Common Stock is hereby referred to as the "Company Preferred Stock ----------------------- Conversion"

Treatment of Company Preferred Stock. (a) Subject to the ------------------------------------ terms ------------------------------------ and conditions of this Agreement, each Stockholder agrees that, immediately prior to the Effective Time, each share of the Series A Convertible Participating Preferred Stock, par value $.01 per share, of the Company (the "Company Preferred Stock"), beneficially owned by such Stockholder shall be ------------------------ converted into shares of Company Common Stock in accordance with the Company's Certificate of Designation for the Company Preferred Stock, which shares shall then, in accordance with the terms of the Merger Agreement, be converted in the Merger into the right to receive shares of Acquiror Common Stock equal to the product of (i) the Exchange Ratio and (ii) the number of shares of Company Common Stock issuable upon conversion of such share of Company Preferred Stock immediately prior to the Effective Time (such conversion by any holder of Company Common Stock is hereby referred to as the "Company Preferred Stock ----------------------- Conversion"