Common use of Authorized and Outstanding Capital Stock Clause in Contracts

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 shares of Common Stock, of which 10,956,109 are issued and outstanding and none of the shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock (B) 750,000,000 shares of Preferred Stock, none of which are issued and outstanding and designated as Series A Preferred Stock (prior to the issuance of the Preferred Shares) and (C) 2,070,000 Warrants that are convertible into Common Stock. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 500,000,000 shares of Common Stock, of which 10,956,109 which, 167,783,009 are issued and outstanding and none of the 88,035,204 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 750,000,000 5,000,000 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding and outstanding, 5,000 shares have been designated as Series A B-1 Preferred Stock (prior to the issuance Stock, none of the which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Shares) Stock, 5,000 of which are issued and (C) 2,070,000 Warrants that are convertible into Common Stockoutstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 250,000,000 shares of Common Stock, of which 10,956,109 which, 114,874,076 are issued and outstanding and none of the 10,895,180 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, and the WarrantsConvertible Notes) exercisable or exchangeable for, or convertible into, shares of Common Stock Stock, and (B) 750,000,000 75,000,000 shares of Preferred Stock, of which (I) 10,000 are designated Series A Preferred Stock, none of which are issued and outstanding and designated as Series A Preferred Stock (prior to the issuance of the Preferred Shares) outstanding, and (CII) 2,070,000 Warrants that 1,250,000 are convertible into Common designated Series B Preferred Stock, none of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 400,000,000 shares of Common Stock, of which 10,956,109 257,835,259 are issued and outstanding and none of the 26,650,015 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common SharesNotes, the Preferred SharesWarrants, the outstanding shares of Preferred StockCompany securities set forth on Schedule 3(s)(i), and the WarrantsSeries C Preferred Stock (as defined below)) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 750,000,000 100,000,000 shares of preferred stock, par value $0.01 per share, of which 8,000,000 shares are designated as Series C convertible preferred stock (the “Series C Preferred Stock”), none of which 6,123,782 shares of Series C Preferred Stock are issued and outstanding and designated as Series A Preferred Stock (prior to the issuance of the Preferred Shares) and (C) 2,070,000 Warrants that are convertible into Common Stockoutstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 shares of Common Stock, of which 10,956,109 which, 472,948,984 are issued and outstanding and none of the 984,470,490 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 750,000,000 10,000,000 shares of Preferred Stock, none of which 2,000,000 shares have been designated as Series B Convertible Non-Voting Preferred Stock, 2,000,000 of which are issued and outstanding outstanding, and of which 2,000,000 shares have been designated as Series A C Convertible Preferred Stock (prior to the issuance Stock, 2,000,000 of the Preferred Shares) which are issued and (C) 2,070,000 Warrants that are convertible into Common Stockoutstanding. No 1,527,051,016 shares of Common Stock are held in the treasury of the Company. Company “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereofof this Agreement and as of the Initial Closing, the authorized capital stock of the Company consists of one billion two hundred million (A1,200,000,000) 2,000,000,000 shares of Common Stock, of which 10,956,109 which, 692,068,218 are issued and outstanding outstanding; five hundred thousand (500,000) shares of Series A preferred stock, par value $0.001 per share, of which, none are issued and outstanding; two million (2,000,000) shares of Series B preferred stock, par value $0.001 per share, of which, none are issued and outstanding; two million (2,000,000) shares of the Series C preferred stock, par value $0.001 per share, of which, none are issued and outstanding; and 85,939,985 shares of Common Stock are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, and the WarrantsNotes) exercisable or exchangeable for, or convertible into, shares of Common Stock (B) 750,000,000 shares of Preferred Stock, none of which are issued and outstanding and designated as Series A Preferred Stock (prior to the issuance of the Preferred Shares) and (C) 2,070,000 Warrants that are convertible into Common Stock. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common StockStock and any rights, warrants or options to subscribe for or purchase shares of Common Stock or Convertible Securities (collectively, “Options”)) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 A)150,000,000 shares of Common Stock, of which 10,956,109 which, 4,602,780 are issued and outstanding and none as of the shares date hereof and 5,686,642 are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares), the Preferred Shares, the outstanding shares of Preferred Stock, and the Warrants) in each case exercisable or exchangeable for, or convertible into, shares of Common Stock Stock, and (B) 750,000,000 5,000,000 shares of Preferred Stock, none of which are issued and outstanding and (i) 400,000 have been designated as Series A Preferred Stock of which none are issued and outstanding; and, (prior to the issuance ii) 100,000 have been designated as Series B Preferred Stock of the Preferred Shares) which none are issued and outstanding, and (Ciii) 2,070,000 Warrants that are convertible into Common Stockone (1) has been designated as Special Voting Preferred Stock of which one (1) is issued and outstandingly. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereofof this Agreement and as of the Initial Closing, the authorized capital stock of the Company consists of (A) 2,000,000,000 200,000,000 shares of Common Stock, of which 10,956,109 which, 21,710,312 are issued and outstanding and none of the 31,016,160 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, and the WarrantsExchange Notes) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 750,000,000 3,000,000 shares of Preferred Stock, none of which no shares are issued and outstanding and designated as Series A Preferred Stock (prior to the issuance outstanding, 105,000 shares of the Preferred Shares) and (C) 2,070,000 Warrants that Stock are convertible into Common designated Series A Convertible Preferred Stock. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common StockStock and any rights, warrants or options to subscribe for or purchase shares of Common Stock or Convertible Securities (collectively, “Options”)) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized share capital stock of the Company consists of (A) 2,000,000,000 shares of Common Stock, of which 10,956,109 which, 694,701,083 are issued and outstanding and none of the 1,031,373,188 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 750,000,000 10,000,000 shares of Preferred Stock, none of which 2,000,000 shares have been designated as Series B Convertible Non-Voting Preferred Stock, 2,000,000 of which are issued and outstanding outstanding, and of which 2,000,000 shares have been designated as Series A C Convertible Preferred Stock (prior to the issuance Stock, 2,000,000 of the Preferred Shares) which are issued and (C) 2,070,000 Warrants that are convertible into Common Stockoutstanding. No 1,305,298,917 shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any share capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any share capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized share capital stock of the Company consists of (A) 2,000,000,000 shares of Common Stock, of which 10,956,109 which, 402,196,273 are issued and outstanding and none of the 83,000,000 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 750,000,000 10,000,000 shares of Preferred Stock, none of which 2,000,000 shares have been designated as Series B Convertible Non-Voting Preferred Stock, 2,000,000 of which are issued and outstanding outstanding, and of which 2,000,000 shares have been designated as Series A C Convertible Preferred Stock (prior to the issuance Stock, 2,000,000 of the Preferred Shares) which are issued and (C) 2,070,000 Warrants that are convertible into Common Stockoutstanding. No 1,597,803,727 shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any share capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any share capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 750,000,000 shares of Class A Common Stock, of which 10,956,109 which, 210,179,237 are issued and outstanding and none of the 253,812,911 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, and the WarrantsNotes) exercisable or exchangeable for, or convertible into, shares of Common Stock Stock, (B) 750,000,000 150,000,000 shares of Class B Common Stock, of which, 132,354,128 are issued and outstanding and no shares are reserved for issuance pursuant to Convertible Securities exercisable or exchangeable for, or convertible into, shares of Common Stock and (C) 15,000,000 shares of Preferred Stock, none of which are issued and outstanding and designated as Series A Preferred Stock (prior to the issuance of the Preferred Shares) and (C) 2,070,000 Warrants that are convertible into Common Stockoutstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 250,000,000 shares of Common Stock, of which 10,956,109 which, 114,874,076 are issued and outstanding and none of the 10,895,180 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, and the WarrantsPrior Convertible Notes) exercisable or exchangeable for, or convertible into, shares of Common Stock Stock, and (B) 750,000,000 75,000,000 shares of Preferred Stock, of which (I) 10,000 are designated Series A Preferred Stock, none of which are issued and outstanding and designated as Series A Preferred Stock (prior to the issuance of the Preferred Shares) outstanding, and (CII) 2,070,000 Warrants that 1,250,000 are convertible into Common designated Series B Preferred Stock, none of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 500,000,000 shares of Common Stock, of which 10,956,109 which, 3,262,303 are issued and outstanding and none of the 74,525,623 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, Shares and the Common Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 750,000,000 (i) 1,725,000 shares of Series A Preferred Stock (the “Series A Preferred Stock”), none 835,950 of which are issued and outstanding outstanding, and designated as (ii) 20,000 shares of Series A C Preferred Stock (prior to the issuance “Series C Preferred Stock”), 15,230 of the Preferred Shares) which are issued and (C) 2,070,000 Warrants that are convertible into Common Stockoutstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereofof this Agreement and as of the Closing, the authorized capital stock of the Company consists of (A) 2,000,000,000 100,000,000 shares of Common Stock, of which 10,956,109 which, 26,591,438 are issued and outstanding and none of the 15,742,606 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, Exchange Notes and the Exchange Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 750,000,000 3,000,000 shares of Preferred Stock, none of which no shares are issued and outstanding and designated as Series A Preferred Stock (prior to the issuance outstanding, 105,000 shares of the Preferred Shares) and (C) 2,070,000 Warrants that Stock are convertible into Common designated Series A Convertible Preferred Stock. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common StockStock and any rights, warrants or options to subscribe for or purchase shares of Common Stock or Convertible Securities (collectively, “Options”)) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 2,000,000,000 500,000,000 shares of Common Stock, of which 10,956,109 which, 162,500,425 are issued and outstanding and none of the 18,748,382 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Common Shares, the Preferred Shares, the outstanding shares of Preferred Stock, Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 750,000,000 5,000,000 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding and outstanding, 5,000 shares have been designated as Series A B-1 Preferred Stock (prior to the issuance Stock, none of the which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Shares) Stock, all of which are issued and (C) 2,070,000 Warrants that are convertible into Common Stockoutstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.