Designation and Number Rank Sample Clauses

Designation and Number Rank. (a) The shares of such series of preferred stock shall be designated as "Series D Cumulative Convertible Preferred Stock" (the "Series D Preferred Stock"). The number of shares initially constituting the Series D Preferred Stock shall be 300,000, which number may be decreased (but not increased) by the Board of Directors without a vote of the holders of Series D Preferred Stock; provided, however, that such number may not be decreased below the number of then outstanding shares of Series D Preferred Stock. (b) The Series D Preferred Stock shall, with respect to dividend rights and rights upon liquidation, dissolution or winding up, rank (i) senior to the common stock, par value $.01 per share of the Corporation (the "Common Stock") and to all other capital stock of the Corporation the terms of which specifically provide that such capital stock ranks junior to the Series D Preferred Stock with respect to dividend rights or rights upon liquidation, dissolution or winding up of the Corporation, (ii) on a parity with all capital stock of the Corporation the terms of which specifically provide that such capital stock ranks on a parity with the Series D Preferred Stock with respect to dividend rights or rights upon liquidation, dissolution or winding up of the Corporation and (iii) junior to (w) the Corporation's Series A Cumulative Convertible Preferred Stock, par value $.01 per share (the "Series A Preferred Stock"), (x) the Corporation's Series B Cumulative Convertible Preferred Stock, par value $.01 per share (the "Series B Preferred Stock"), (y) the Corporation's Series C Cumulative Convertible Preferred Stock, par value $.01 per share (the "Series C Preferred Stock") and (z) all other capital stock of the Corporation the terms of which specifically provide that such capital stock ranks senior to the Series D Preferred Stock with respect to dividend rights or rights upon liquidation, dissolution or winding up of the Corporation.