Common use of Merger Sub Common Stock Clause in Contracts

Merger Sub Common Stock. At the Effective Time, by virtue of the Merger and without any action on the part of the holder thereof, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving Corporation.

Merger Sub Common Stock. At Each share of common stock of Merger Sub issued and outstanding immediately prior to the Effective TimeTime shall, by virtue of the Merger and without any action on the part of the holder thereof, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as be converted into one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, by virtue Each share of the Merger and without any action on the part of the holder thereof, each share common stock of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding unchanged and shall continue as one share of constitute the common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, by virtue Each share of the Merger and without any action on the part of the holder thereof, each share capital stock of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as one share of common capital stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number and kind of shares of the capital stock of the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, by virtue of the Merger and without any action on the part of any of the holder thereofparties hereto, each share of common stock of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as one be converted into a share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving CorporationCompany.

Merger Sub Common Stock. At Each share of Merger Sub Common Stock (as defined in Section 4.2(b)) issued and outstanding immediately prior to the Effective TimeTime shall, by virtue of the Merger and without any action on the part of the holder thereof, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as be converted into one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, by virtue Each share of the Merger and without any action on the part of the holder thereof, each share Common Stock of Merger Sub Common Stock that is issued and outstanding immediately prior to the Effective Time shall remain be converted into and thereafter represent one validly issued, fully paid and nonassessable share of Common Stock of the Company as the Surviving Corporation, such that immediately following the Effective Time, Parent shall become the sole and exclusive owner of all of the issued and outstanding and shall continue as one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Company as the Surviving Corporation. Each stock certificate of Merger Sub shall thereupon evidence ownership of such shares of capital stock of the Company as the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, by virtue of the Merger and without any action on the part of the holder thereof, each Each share of Merger Sub Common Stock common stock, no par value per share, that is issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding as the only issued and shall continue as one share of common outstanding capital stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of be unchanged by the same number of shares of the capital stock of the Surviving CorporationMerger.

Merger Sub Common Stock. At Each share of the common stock of Merger Sub issued and outstanding immediately prior to the Effective TimeTime shall, by virtue of the Merger and without any action on the part of the holder thereof, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as be converted into one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock Common Stock of the Surviving Corporation.

Merger Sub Common Stock. At Each share of common stock of Merger Sub that is issued and outstanding as of the Effective TimeTime shall, by operation of law and by virtue of the Merger Merger, be converted into a validly issued, fully paid and without any action on the part non-assessable share of common stock, no par value, of the holder thereofSurviving Corporation, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as one share of such common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership will constitute all of the same number of issued and outstanding shares of the capital stock of the Surviving CorporationCorporation immediately following the Effective Time.

Merger Sub Common Stock. At Each share of common stock of the Merger Sub issued and outstanding immediately prior to the Effective TimeTime shall, by virtue of the Merger and without any action on the part of the holder thereof, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as be converted into one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, by virtue Each share of the Merger and without any action on the part of the holder thereof, each share shares of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued Time, shall, by virtue of the Merger and outstanding without any action by the holder thereof, be deemed cancelled and converted into and shall continue as represent the right to receive one share of the class B common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock stock, $.01 par value, of the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, automatically by ----------------------- virtue of the Merger and without any further action on the part by any of the holder thereofparties hereto or any other person, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as be converted into one share of common stock Company Common Stock and, as a result thereof, Holdings shall become the sole stockholder of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving CorporationCompany.

Merger Sub Common Stock. At Each share of Merger Sub Common Stock (as defined in Section 3.2(b)) issued and outstanding immediately prior to the Effective TimeTime shall, by virtue of the Merger and without any action on the part of the holder thereof, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as be converted into one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, by virtue of the Merger and without any action on the part of the Parties of the holder thereof, each share of the common stock of Merger Sub Common Stock that is issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as be converted into one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving CorporationCompany Common Stock.

Merger Sub Common Stock. At the Effective Time, by virtue Each of the Merger issued and without any action on the part outstanding shares of the holder thereof, each share common stock of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding after the Merger as shares of the Surviving Corporation, which shall thereafter constitute all of the issued and shall continue as one share outstanding shares of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the Corporation. No capital stock of Merger Sub will be issued or used in the Surviving CorporationMerger.

Merger Sub Common Stock. At the Effective Time, automatically by virtue of the Merger and without any further action on the part by any of the holder thereofpities hereto or any other person, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as be converted into one share of common stock Company Common Stock and, as a result thereof, Holdings shall become the sole stockholder of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving CorporationCompany.

Merger Sub Common Stock. At Each share of common stock of Merger Sub issued and outstanding immediately prior to the Effective TimeTime shall, by virtue of the Merger ipso facto and without any action on the part of the holder thereof, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as one share of common stock of the Surviving Corporation and each certificate evidencing ownership all of any such shares shall continue to evidence ownership of common stock of the same Surviving Corporation shall be owned by Purchaser. Outstanding certificates representing shares of common stock of Merger Sub shall be deemed to represent an identical number of shares of the capital common stock of the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, by virtue of the Merger and without any action on the part of the holder thereof, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as one Each share of common stock of the Merger Sub that is issued and outstanding as of the Effective Time shall, by operation of law and by virtue of the Merger, be converted into a validly issued, fully paid and non-assessable share of common stock, no par value, of the Surviving Corporation, and such common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership issued on that conversion will constitute all of the same number of issued and outstanding shares of the capital stock of the Surviving CorporationCorporation immediately following the Effective Time.

Merger Sub Common Stock. At the Effective Time, automatically by virtue of the Merger and without any further action on the part by any of the holder thereofparties hereto or any other person, each share of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding and shall continue as be converted into one share of common stock Company Common Stock and, as a result thereof, Holdings shall become the sole stockholder of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership Company. At the Effective Time of the same number Conversion, all of the outstanding shares of Company Common Stock will be converted to limited liability interests pursuant to the capital stock Conversion, whereupon Holdings will own all of the Surviving Corporationlimited liability interests in the Company.

Merger Sub Common Stock. At the Effective Time, by virtue Each share of the Merger and without any action on the part of the holder thereof, each share no par value common stock of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time, which shall be the only shares of capital stock of Merger Sub outstanding prior to the Effective Time and all of which shall be owned by Magna, shall remain issued, outstanding and unchanged after the Merger and shall at the Effective Time constitute all of the issued and outstanding and shall continue as one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of Surviving Corporation in the Surviving CorporationMerger.

Merger Sub Common Stock. At the Effective Time, by virtue of the Merger and without any action on the part of the holder thereof, each share of capital stock of Merger Sub Common Stock issued and outstanding immediately prior to the Effective Time shall remain issued be cancelled and outstanding extinguished and shall continue as converted into one validly issued, fully paid and non-assessable share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving Corporation.

Merger Sub Common Stock. At the Company Merger Effective Time, by virtue of the Company Merger and without any action on the part of the holder thereof, each share of common stock, par value $0.001 per share, of Merger Sub ("Merger Sub Common Stock Stock") issued and outstanding immediately prior to the Company Merger Effective Time shall remain issued and outstanding and shall continue as one share of common stock of the Surviving Corporation and each certificate evidencing ownership of any such shares shall continue to evidence ownership of the same number of shares of the capital stock of the Surviving Corporation.

Merger Sub Common Stock. At the Effective Time, by virtue of the Merger and without any action on the part of the holder thereof, each share of common stock of Merger Sub Common Stock issued and that is outstanding immediately prior to the Effective Time shall remain issued will be converted into and outstanding become, and shall continue as will thereupon represent, one fully paid and non-assessable share of common stock of the Surviving Corporation Corporation, with the same rights, powers and privileges as each share so converted, and will thereupon constitute the only outstanding shares of capital stock of the Surviving Corporation. Each stock certificate of Merger Sub evidencing ownership of any such shares shall will continue to evidence ownership of the same number of such shares of the capital stock of the Surviving Corporation.