Common use of Company Capitalization Clause in Contracts

Company Capitalization. (a) The authorized capital stock of the Company consists of (i) 150,000,000 Company Shares, and (ii) 2,000,000 shares of Company Preferred Stock. As of the close of business in New York City on September 3, 2013 (the “Capitalization Date”): (A) 94,986,750 Company Shares were issued and outstanding, (B) no shares of Company Preferred Stock were issued and outstanding, and (C) no shares of Company Capital Stock were held by the Company as treasury shares. All outstanding Company Shares are duly authorized, validly issued, fully paid, nonassessable and free of any preemptive rights.

Company Capitalization. (a) The authorized capital stock of the Company consists of (i) 150,000,000 10,000,000 Company Shares, and (ii) 2,000,000 shares of Company Preferred Stock. As of the close of business in New York City on September 3June 29, 2013 2015 (the “Capitalization Date”): (A) 94,986,750 5,197,182 Company Shares were issued and outstanding, (B) no shares of Company Preferred Stock were issued and outstanding, and (C) no shares of Company Capital Stock were held by the Company as treasury shares. All outstanding Company Shares are duly authorized, validly issued, fully paid, nonassessable and free of any preemptive rights.

Company Capitalization. (a) The authorized capital stock of the Company consists of (i) 150,000,000 100,000,000 Company Shares, and (ii) 2,000,000 25,000,000 shares of Company Preferred Stock. As of the close of business in New York City on September 3June 27, 2013 2014 (the “Capitalization Date”): (A) 94,986,750 34,053,798 Company Shares were issued and outstanding, (B) no shares of Company Preferred Stock were issued and outstanding, and (C) no shares of Company Capital Stock were held by the Company as treasury shares. All outstanding Company Shares are duly authorized, validly issued, fully paid, nonassessable and free of any preemptive rights.

Company Capitalization. (a) The authorized capital stock of the Company consists of (i) 150,000,000 300,000,000 Company Shares, and (ii) 2,000,000 10,000,000 shares of Company Preferred Stock. As of the close of business in New York City on September 3November 28, 2013 2014 (the “Capitalization Date”): (A) 94,986,750 193,773,703 Company Shares were issued and outstanding, (B) no shares of Company Preferred Stock were issued and outstanding, and (C) no shares of Company Capital Stock were held by the Company as treasury shares. All outstanding Company Shares are duly authorized, validly issued, fully paid, nonassessable and free of any preemptive rights.