Common use of Sub Common Stock Clause in Contracts

Sub Common Stock. At the Effective Time, by virtue of the ---------------- Merger and without any action on the part of the holder thereof, the shares of common stock, par value $.01 per share, of Sub ("Sub Common Stock") outstanding immediately prior to the Effective Time shall be converted into 1,452,193 validly issued, fully paid and non-assessable shares of common stock, par value $.01 per share, of the Surviving Corporation (the "Surviving Corporation Common Stock"), which number shall be decreased by the number of shares of Surviving Corporation Common Stock issued pursuant to the Stock Election, as set forth in Section 4.2(a) hereof.

Sub Common Stock. At the Effective Time, by virtue of the ---------------- Merger and without any action on the part of the holder thereof, the shares of common stock, par value $.01 per share, of Sub ("Sub Common Stock") outstanding immediately prior to the Effective Time shall be converted into 1,452,193 validly issued, fully paid and non-assessable shares of common stock, par value $.01 per share, of the Surviving Corporation (the "Surviving Corporation Common Stock"), which number shall be decreased by the number of shares of Surviving Corporation Common Stock issued pursuant to the Stock Election, as set forth in Section 4.2(a) hereof.