Common use of Right of Inclusion Clause in Contracts

Right of Inclusion. Each of the FS Entities agrees not ------------------ to sell all or any portion of the shares of Holding Common Stock it holds to any Person (individually, a "Third Party" and, collectively, "Third Parties") unless the Trust is given an opportunity to sell to the Third Party such number of shares of Common Stock owned by the Trust as is determined in accordance with Section 3A.3; provided, however, that the Trust shall have no rights pursuant to -------- ------- this Section 3A with respect to sales or other transfers by the FS Entities of Holding Common Stock to any Permitted Transferee of the FS Entities; provided, -------- further, that any such Permitted Transferee of an FS Entity described in clause ------- (y) (i) of the definition of Permitted Transferee executes a written undertaking to be and becomes bound by this Agreement in the same manner and to the same extent as the transferring party.

Right of Inclusion. Each of the FS Entities Holding agrees not ------------------ to sell all or any ------------------ portion of the shares of Holding Common Stock it holds to any Person (individually, a "Third Party" and, collectively, "Third Parties") unless the Trust is given an opportunity to sell to the Third Party such number of shares of Common Stock owned by the Trust as is determined in accordance with Section 3A.33.3; provided, -------- however, that the Trust shall have no rights pursuant to -------- ------- this Section 3A 3 with ------- respect to sales or other transfers by the FS Entities Holding of Holding Common Stock to any Permitted Transferee of Holding or the FS Entities; provided, -------- further, that any such -------- ------- Permitted Transferee of Holding or an FS Entity described in clause ------- (y) (iy)(i) of the definition of Permitted Transferee executes a written undertaking to be and becomes bound by this Agreement in the same manner and to the same extent as the transferring party.