Common use of Existing Lock-Up Agreements Clause in Contracts

Existing Lock-Up Agreements. The Company will enforce all existing agreements between the Company and any of its security holders that prohibit, without the prior written consent of Banc of America Securities LLC and Credit Suisse First Boston LLC, the sale, transfer, assignment, pledge or hypothecation of any of the Company’s securities in connection with the Company’s initial public offering. In addition, the Company will direct the transfer agent to place stop transfer restrictions upon any such securities of the Company that are bound by such existing “lock-up” agreements for the duration of the periods contemplated in such agreements. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, the Representatives, agree not to consent to any action proposed to be taken by the Company, or any other holder of the Company’s securities that would otherwise be prohibited by, or to waive compliance by the Company or any such other security holder with the provisions of, Section 3(m) above or any lock-up agreement delivered pursuant to Section 5(k) below without giving each of the other Underwriters at least 17 days prior notice (or such shorter notice as each of the other Underwriters may deem acceptable to permit compliance with applicable provisions of NYSE Rule 472(f) or NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).

Existing Lock-Up Agreements. The Company will enforce all existing agreements between the Company and any of its security holders that prohibit, without the prior written consent of Banc of America Securities LLC and Credit Suisse First Boston LLC, prohibit the sale, transfer, assignment, pledge or hypothecation of any of the Company’s 's securities in connection with the Company’s 's initial public offering, including "Lock-up" agreements entered into by the persons listed in Schedule B hereof. In addition, the Company will direct the transfer agent to place stop transfer restrictions upon any such securities of the Company that are bound by such existing “"lock-up” " agreements for the duration of the periods contemplated in such agreements. The RepresentativesBAS, on behalf of the several Underwriters, may, in their its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance. Notwithstanding the foregoing, BAS, for the benefit of each of the other Representatives, agree agrees not to consent to any action proposed to be taken by the Company, Company or any other holder of the Company’s 's securities that would otherwise be prohibited by, or to waive compliance by the Company or any such other security holder with the provisions of, Section 3(m3(l) above or any lock-up agreement delivered pursuant to Section 5(k6(k) below without giving each of the other Underwriters Representatives at least 17 days prior notice (or such shorter notice as each of the other Underwriters Representatives may deem acceptable to permit compliance with applicable provisions of NYSE Rule 472(f) or NASD Conduct Rule 2711(f) restricting publication and distribution of research and public appearances by research analysts before and after the expiration, waiver or termination of a lock-up agreement).