Common use of Capital Structure of Seller Clause in Contracts

Capital Structure of Seller. The authorized capital stock of Seller consists of (i) 5,000,000 shares of preferred stock, par value $0.01 per share ("Seller Preferred Stock") none of which is issued and outstanding and (ii) 50,000,000 shares of common stock, par value $0.80 per share ("Seller Common Stock"), of which, as of July 7, 2000, 15,799,535 shares were issued and outstanding and 644,359 shares were held in treasury, and since that date no shares have been issued other than on exercise of Rights Previously Disclosed. As of the date hereof, no shares of Seller Preferred Stock or Seller Common Stock are reserved for issuance, except as Previously Disclosed and except for 3,144,107 shares of Seller Common Stock reserved for issuance pursuant to the Option Agreement. Seller has Previously Disclosed a list of all currently outstanding options for the purchase of Seller Common Stock, the number of shares of Seller Common Stock subject to such options, whether such options are vested or unvested, the vesting schedule for unvested options and the vesting or other treatment of all unvested options in the event of a change of control of Seller. All outstanding shares of Seller Common Stock have been duly authorized and validly issued and are fully paid and nonassessable. Seller does not have and is not bound by any Rights which are authorized, issued or outstanding with respect to the capital stock of Seller except (i) for the Option Agreement, (ii) as Previously Disclosed, and (iii) as set forth above. None of the shares of Seller's capital stock has been issued in violation of the preemptive rights of any person.

Capital Structure of Seller. The authorized capital stock of Seller consists of (i) 5,000,000 8,000,000 shares of preferred stock, par value $0.01 1.00 per share ("Seller Preferred Stock") none of which is issued and outstanding and (ii) 50,000,000 100,000,000 shares of common stock, par value $0.80 2.00 per share ("Seller Common Stock"), of which, as of July 7the date hereof, 2000, 15,799,535 48,930,000 shares were are issued and outstanding and 644,359 no shares were are held in treasury, and since that date no shares have been issued other than on exercise of Rights Previously Disclosed. As of the date hereof, no shares of Seller Preferred Stock or Seller Common Stock are reserved for issuance, except as Previously Disclosed and except for 3,144,107 9,737,070 shares of Seller Common Stock reserved for issuance pursuant to the Option Agreement. Seller has Previously Disclosed Schedule 2.1 hereto sets forth a list of all currently outstanding options for the purchase of Seller Common Stock, the number of shares of Seller Common Stock subject to such options, whether such options are vested or unvested, the vesting schedule for unvested options and the vesting or other treatment of all unvested options in the event of a change of control of Seller. All outstanding shares of Seller Common Stock have been duly authorized and validly issued and are fully paid and nonassessable. Seller does not have and is not bound by any Rights which are authorized, issued or outstanding with respect to the capital stock of Seller except (i) for the Option Agreement, (ii) as Previously Disclosed, and (iii) as set forth above. None of the shares of Seller's capital stock has been issued in violation of the preemptive rights of any person.

Capital Structure of Seller. The authorized capital stock of Seller consists of (i) 5,000,000 10,000,000 shares of preferred stockSeller Common Stock, par value $0.01 per share ("Seller Preferred Stock") none of which is 309,605 shares are issued and outstanding and as of September 13, 2011, (ii) 50,000,000 4,500 shares of common stockSeller Series A Preferred Stock, par value $0.80 per share of which 4,500 shares are issued and outstanding as of September 13, 2011 and ("iii) 225 shares of Seller Series B Preferred Stock, of which 225 shares are issued and outstanding as of September 13, 2011. 35,530 shares of Seller Common Stock are issuable and reserved for issuance upon exercise of Seller Stock Options as of September 13, 2011. The outstanding shares of Seller Common Stock", Seller Series A Preferred Stock and Seller Series B Preferred Stock have been duly authorized, are validly issued and outstanding, fully paid and nonassessable, and are not subject to any preemptive rights (and were not issued in violation of any preemptive rights), of which. Except pursuant to this Agreement or as Previously Disclosed, as of July 7, 2000, 15,799,535 shares were issued and outstanding and 644,359 shares were held in treasury, and since that date no shares have been issued other than on exercise of Rights Previously Disclosed. As of the date hereof, (i) there are no shares of Seller Preferred Stock or Seller Common Stock are reserved for issuance, except as Previously Disclosed and except for 3,144,107 shares of Seller Common Stock reserved for issuance pursuant to the Option Agreement. Seller has Previously Disclosed a list of all currently outstanding options for the purchase of Seller Common Stock, the number of shares of Seller Common Series A Preferred Stock subject to such options, whether such options are vested or unvested, the vesting schedule for unvested options and the vesting or other treatment of all unvested options in the event of a change of control of Seller. All outstanding shares of Seller Common Series B Preferred Stock have been duly authorized and validly issued and are fully paid and nonassessable. reserved for issuance, (ii) Seller does not have and is not bound by any Rights which are authorized, issued or outstanding with respect to the capital stock of Seller except (i) for the Option AgreementCommon Stock, (ii) as Previously Disclosed, Seller Series A Preferred Stock or Seller Series B Preferred Stock and (iii) as set forth above. None of the shares of Seller's capital stock has been issued in violation of the preemptive rights of Seller does not have any personcommitment to authorize, issue or sell any Seller Common Stock, Seller Series A Preferred Stock or Seller Series B Preferred Stock.