Common use of Beneficial Ownership of Shares Clause in Contracts

Beneficial Ownership of Shares. None of Merger Company, Finance Company nor any of their affiliates or associates (as defined in Rule 12b-2 under the Exchange Act) "beneficially owns" (as defined in Rule 13d-3 under the Exchange Act) more than 5% of the outstanding shares of Company Common Stock or any securities convertible into or exchangeable for Company Common Stock.

Beneficial Ownership of Shares. None of Parent, Merger Company, Finance Company nor Subsidiary or any of their respective affiliates or associates (as defined in Rule 12b-2 under the Exchange Act) "beneficially owns" (as defined in Rule 13d-3 under the Exchange Act) more than 5% or will beneficially own as of the Effective Time or the Closing Date any outstanding shares of Company Common Stock or Stock, any securities convertible into or exchangeable for Company Common StockStock or any outstanding shares of Company Preferred Stock as of the date of this Agreement.

Beneficial Ownership of Shares. None of Merger CompanyPurchaser, Finance Company nor Sub or any of their affiliates respective "affiliates" or associates "associates" (as those terms are defined in Rule 12b-2 of the General Rules and Regulations under the Exchange Act) "beneficially owns" (as that term is defined in Rule 13d-3 13d-3(a) under the Exchange Act) more than 5% of the outstanding shares of Company Common Stock any Shares or any securities convertible into or exchangeable for Company Common StockShares.