Designation and Number of Shares Sample Clauses


Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as "Series A Convertible Preferred Stock" (the "Preferred Shares"). The authorized number of Preferred Shares shall be 10,000 shares. Each Preferred Share shall have a par value of $0.001. Capitalized terms not defined herein shall have the meaning as set forth in Section 27 below.


Designation and Number of Shares 500,000 shares of the Preferred Stock of the Company shall constitute a series of Preferred Stock designated as Series A Junior Participating Preferred Stock (hereinafter referred to as the Series A Preferred Stock). Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, that no decrease shall reduce the number of shares of Preferred Stock to a number less than the number of shares then outstanding plus the number of shares reserved for issuance upon the exercise of outstanding options, rights or warrants or upon the conversion of any outstanding securities issued by the Company convertible into Series A Preferred Stock.

Designation and Number of Shares. There is hereby created out of the authorized and unissued shares of preferred stock of the Corporation a series of preferred stock designated as the "Fixed Rate Cumulative Perpetual Preferred Stock, Series C" (the "Series C Preferred Stock"). The authorized number of shares of Series C Preferred Stock shall be 80,347.

Designation and Number of Shares. The shares of such series shall be designated as "Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock"). The number of shares initially constituting the Series A Participating Cumulative Preferred Stock shall be 2,000,000; provided, however, that, if more than a total of 2,000,000 shares of Series A Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Section 382 Rights Agreement dated as of April 6, 2016, among the Company, Computershare Inc. ("Computershare") and Computershare Trust Company N.A., a federally chartered trust company (together with Computershare, the "Rights Agreement"), the Board, pursuant to Section 151(g) of the General Corporation Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A Preferred Stock authorized to be issued to be increased (to the extent that the Certificate then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Company designated as "Series C Convertible Preferred Stock" (the "Series C Preferred Stock"). The authorized number of shares of Series C Preferred stock shall be 100,000 shares. Each share of Series C Preferred Stock shall have a par value of $0.001.

Designation and Number of Shares. Shares of the series shall be designated and known as the "Series B Convertible Preferred Stock" of the Company. The Series B Convertible Preferred Stock (the "Series B") shall consist of 10,000,000 shares. Shares of the Series B which are redeemed, retired, converted into shares of the Company's $.001 par value per share Common Stock (the "Common Stock"), purchased or otherwise acquired by the Company shall be cancelled (and thereafter shall not be re-issued as shares of Series B) and shall revert to the status of authorized but unissued preferred stock, undesignated as to series and subject to reissuance by the Company as shares of preferred stock of any one or more series as permitted by the Articles of Incorporation.

Designation and Number of Shares. There is hereby created and established, out of the Corporations authorized and unissued Preferred Stock, a series of Preferred Stock designated as Series A Convertible Preferred Stock (the Series A Preferred Stock). The authorized number of shares of Series A Preferred Stock shall be Fifty Thousand (50,000). The Series A Preferred Stock shall have a liquidation preference (the Series A Liquidation Preference) of $1,000.00 per share (the Series A Stated Amount).


Designation and Number of Shares. The Class A Common Stock shall be designated Class A Common Stock of a par value of $.0001 each, and the number of shares constituting the Class A Common Stock shall be 230,000,000 shares.

Designation and Number of Shares. There is hereby created out of the authorized and unissued shares of preferred stock of the Corporation a series of preferred stock designated as the "Series A Preferred Stock". The authorized number of shares of Series A Preferred Stock shall be 23,266.

Designation and Number of Shares. Of the 5,000,000 shares of Preferred Stock authorized pursuant to the Fourth Article of the Corporation's Articles of Incorporation, 1,000,000 shares are hereby designated as Series A Convertible Preferred Stock (the "Series A Preferred Stock").