Common use of Company Subsidiary Securities Clause in Contracts

Company Subsidiary Securities. As of the date hereof, there are no outstanding, and there has not been reserved for issuance any, (i) securities of the Company or any Subsidiary of the Company convertible into or exchangeable for Voting Debt or shares of capital stock, voting securities or other ownership interests in any Subsidiary of the Company, (ii) options, warrants or other agreements or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities or other ownership interests in) any Subsidiary of the Company, (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock or similar securities or rights that are derivative of, or provide economic benefits based on, directly or indirectly, the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any Subsidiary of the Company or other similar right (the items in clauses (i), (ii), (iii) and (iv), together with the capital stock, voting securities or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).

Company Subsidiary Securities. As Except as set forth in Section 3.02(d) of the Company Disclosure Letter, as of the date hereof, there are no outstanding, and there has not been reserved for issuance any, : (i) securities of the Company or any Subsidiary of the Company its Subsidiaries convertible into or exchangeable for Voting Debt or shares of capital stockDebt, membership interests, voting securities securities, or other ownership interests in any Subsidiary of the Company, ; (ii) options, warrants warrants, or other agreements or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stockmembership interests, voting securities securities, or other ownership interests in (or securities convertible into or exchangeable for capital stockmembership interests, voting securities securities, or other ownership interests in) any Subsidiary of the Company, ; or (iii) restricted shares, restricted stock units, stock appreciation rights, performance sharesunits, profit participation rights, contingent value rights, “phantom” stock equity, or similar securities or rights that are derivative of, or provide economic benefits based onbased, directly or indirectly, on the value or price of, any capital stock membership interests or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any a Subsidiary of the Company or other similar right (the items in clauses (i), (ii), and (iii) and (iv), together with the capital stockmembership interests, voting securities securities, or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).

Company Subsidiary Securities. As of the date hereof, there are no outstanding, and there has not been reserved for issuance any, outstanding (i) securities of the Company or any Company Subsidiary of the Company convertible into or exchangeable for Voting Debt or shares of Debt, capital stock, voting securities or other ownership interests in any Subsidiary of the CompanyCompany Subsidiary, (ii) options, warrants or other agreements or commitments to acquire from the Company or any of its SubsidiariesCompany Subsidiary, or obligations of the Company or any of its Subsidiaries Company Subsidiary to issue, any Voting Debt, capital stock, voting securities or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities or other ownership interests in) any Subsidiary of the CompanyCompany Subsidiary, or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock or similar securities or rights that are derivative of, or provide economic benefits based onbased, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the CompanyCompany Subsidiary, in each case that have been issued by the a Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any Subsidiary of the Company or other similar right (the items in clauses (i), (ii), (iii) and (iviii), together with the capital stock, voting securities or other ownership interests of such Company Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).

Company Subsidiary Securities. As of the date hereofof this Agreement, there are no outstanding, and there has not been reserved for issuance any, outstanding (i) securities of the Company or any Subsidiary of the Company its Subsidiaries convertible into or exchangeable for Voting Debt or shares of capital stock, voting securities or other ownership interests in any Subsidiary of the Company, (ii) options, warrants warrants, calls, rights, securities, commitments, derivative contracts, forward sale contracts, or other agreements agreements, Contracts or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities or other ownership interests in) any Subsidiary of the Company, or obligating the Company or any Subsidiary of the Company to issue, grant or enter into any such option, warrant, call, right, security, commitment, derivative contract, forward sale contract or other agreement, Contract or commitment, or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock or similar securities or rights that are derivative of, or provide economic benefits based onbased, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any a Subsidiary of the Company or other similar right (the items in clauses (i), (ii), (iii) and (iviii), together with the capital stock, voting securities or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).

Company Subsidiary Securities. As of the date hereof, there There are no outstanding, and there has not been reserved for issuance any, outstanding (i) securities of the Company or any Subsidiary of the Company its Subsidiaries convertible into or exchangeable for Voting Debt or shares of Debt, capital stock, voting securities or other ownership interests in any Subsidiary of the Company, (ii) options, warrants or other agreements or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities or other ownership interests in) any Subsidiary of the Company, or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock or similar securities or rights that are derivative of, or provide economic benefits based onbased, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any a Subsidiary of the Company or other similar right (the items in clauses (i), (ii), (iii) and (iviii), together with the capital stock, voting securities or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).

Company Subsidiary Securities. As of the date hereof, there are no outstanding, and there has not been reserved for issuance any, : (i) securities of the Company or any Subsidiary of the Company its Subsidiaries convertible into or exchangeable for Voting Debt or shares of Debt, capital stock, voting securities securities, or other ownership interests in any Subsidiary of the Company, ; (ii) options, warrants warrants, or other agreements or commitments to acquire from the Company or any of its SubsidiariesSubsidiaries or to subscribe to, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities securities, or other ownership interests in (or securities convertible into or exchangeable for Voting Debt, capital stock, voting securities securities, or other ownership interests in) any Subsidiary of the Company, ; or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock stock, or similar securities or rights that are derivative of, or provide economic benefits based onbased, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any a Subsidiary of the Company or other similar right (the items in clauses (i), (ii), and (iii) and (iv), together with the capital stock, voting securities securities, or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).. 38031572.13

Company Subsidiary Securities. As Except as set forth in Section 3.02(c) of the Company Disclosure Letter, as of the date hereofof this Agreement, there are no outstanding, and there has not been reserved for issuance any, outstanding (i) securities of the Company or any Subsidiary of the Company its Subsidiaries convertible into or exchangeable for Voting Debt or shares of capital stock, voting securities or other ownership interests in any Subsidiary of the Company, (ii) options, warrants warrants, calls, rights, securities, commitments, derivative contracts, forward sale contracts, or other agreements agreements, Contracts or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities or other ownership interests in) any Subsidiary of the Company, or obligating the Company or any Subsidiary of the Company to issue, grant or enter into any such option, warrant, call, right, security, commitment, derivative contract, forward sale contract or other agreement, Contract or commitment, or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock or similar securities or rights that are derivative of, or provide economic benefits based onbased, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any a Subsidiary of the Company or other similar right (the items in clauses (i), (ii), (iii) and (iviii), together with the capital stock, voting securities or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).

Company Subsidiary Securities. As of the date hereof, there are no outstanding, and there has not been reserved for issuance any, : (i) securities of the Company or any Subsidiary of the Company its Subsidiaries convertible into or exchangeable for Voting Debt or shares of Debt, capital stock, voting securities securities, or other ownership interests in any Subsidiary of the Company, ; (ii) options, warrants warrants, or other agreements or commitments to acquire from the Company or any of its SubsidiariesSubsidiaries or to subscribe to, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities securities, or other ownership interests in (or securities convertible into or exchangeable for Voting Debt, capital stock, voting securities securities, or other ownership interests in) any Subsidiary of the Company, ; or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock stock, or similar securities or rights that are derivative of, or provide economic benefits based onbased, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any a Subsidiary of the Company or other similar right (the items in clauses (i), (ii), and (iii) and (iv), together with the capital stock, voting securities securities, or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).

Company Subsidiary Securities. As of the date hereof, there are no outstanding, and there has not been reserved for issuance any, : (i) securities of the Company or any Subsidiary of the Company its Subsidiaries convertible into or exchangeable for Voting Debt or shares of Debt, capital stock, voting securities securities, or other ownership interests in any Subsidiary of the Company, ; (ii) options, warrants warrants, calls, subscriptions, or other agreements or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities securities, or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities securities, or other ownership interests in) any Subsidiary of the Company, ; or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock stock, or similar securities or rights that are derivative of, or provide economic benefits based onbased, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any a Subsidiary of the Company or other similar right (the items in clauses (i), (ii), and (iii) and (iv), together with the capital stock, voting securities securities, or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).

Company Subsidiary Securities. As of the date hereof, there are no outstanding, and there has not been reserved for issuance any, : (i) securities of the Company or any Subsidiary of the Company its Subsidiaries convertible into or exchangeable for Voting Debt or shares of capital stock, voting securities securities, or other ownership interests in any Subsidiary of the Company, ; (ii) options, warrants warrants, or other agreements or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities securities, or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities securities, or other ownership interests in) any Subsidiary of the Company, ; or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock stock, or similar securities or rights that are derivative of, or provide economic benefits based onbased, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any a Subsidiary of the Company or other similar right (the items in clauses (i), (ii), and (iii) and (iv), together with the capital stock, voting securities securities, or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).

Company Subsidiary Securities. As Except as set forth in Section 4.01(c) of the Company Disclosure Letter, as of the date hereof, there are no outstanding, and there has not been reserved for issuance any, (i) securities of the Company or any Subsidiary of the Company convertible into or exchangeable for Voting Debt or shares of capital stock, voting securities or other ownership interests in any Subsidiary of the Company, (ii) options, warrants or other agreements or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities or other ownership interests in) any Subsidiary of the Company, (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock or similar securities or rights that are derivative of, or provide economic benefits based on, directly or indirectly, the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest interests in the ownership or earnings of any Subsidiary of the Company or other similar right (the items in clauses (i), (ii), (iii) and (iv), together with the capital stock, voting securities or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).