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This excerpt taken from the AYR 8-K filed Oct 4, 2007. Firm Delivery. Such Selling Stockholder agrees that the Underwritten Shares and Option Shares, if any, to be sold by such Selling Stockholder are subject to the interests of the Underwriters and that the obligations of such Selling Stockholder hereunder shall not be terminated, except as provided in this Agreement. If such Selling Stockholder becomes incapacitated, or if any other event should occur affecting the legal status or capacity of such Selling Stockholder before the delivery of the Underwritten Shares and the Option Shares, if any, to be sold by a Selling Stockholder hereunder, the documents evidencing the Underwritten Shares and the Option Shares, if any, to be sold by such Selling Stockholder shall be delivered by the Selling Shareholders representative in accordance with the
terms and conditions of this Agreement as if such event had not occurred.
5. Further Agreements of the Company. The Company covenants and agrees with each Underwriter that:
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