40.3.45: Stockholders Agreement Amended

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Abstract

THIS [AMENDED AND RESTATED] STOCKHOLDERS AGREEMENT (the "Agreement"), dated as of [DATE], is entered by and among Newco, Inc., a Delaware corporation (the "Company"), the parties set forth on Schedule I hereto (the "Purchasers"), the parties set forth on Schedule II hereto (the "Existing Preferred Stockholders") (the Purchasers and Existing Preferred Stockholders, collectively the "Preferred Stockholders") and the parties set forth on Schedule III hereto (the "Common Stockholders"). (The Purchasers, the Existing Preferred Stockholders, and the Common Stockholders are sometimes referred to herein individually as a "Stockholder" and collectively as the "Stockholders".)