Common use of Designation; Number of Shares Clause in Contracts

Designation; Number of Shares. There shall be created from the 1,000,000 shares of preferred stock, par value $0.01 per share (the “Preferred Stock”), of the Corporation authorized to be issued pursuant to the Articles of Incorporation, a series of Preferred Stock designated as “Series B Participating Preferred Stock”, par value $0.01 per share (the “Series B Participating Preferred Stock”), and the number of shares constituting the Series B Participating Preferred Stock shall be 300,000. Such number of shares may be increased (but no such increase shall result in an increase of the number of shares of Series B Participating Preferred Stock outstanding to a number greater than 500,000) or decreased by resolution of the Board of Directors adopted and filed pursuant to Section 35 of the BCA, or any successor provision, and by the filing of a certificate of increase or decrease with the Registrar of Companies of the Mxxxxxxx Islands; provided that no such decrease shall reduce the number of shares of Series B Participating Preferred Stock to a number less than the number of shares then outstanding. Each share of Series B Participating Preferred Stock shall be identical in all respects to every other share of Series B Participating Preferred Stock. Shares of Series B Participating Preferred Stock that are redeemed, purchased or otherwise acquired by the Corporation, or exchanged into shares of Common Stock, shall be cancelled and shall revert to authorized but unissued shares of Preferred Stock.

Designation; Number of Shares. There shall be created from the 1,000,000 shares of preferred stock, par value $0.01 per share (the “Preferred Stock”), of the Corporation authorized to be issued pursuant to the Articles of Incorporation, a series of Preferred Stock designated as “Series B A Participating Preferred Stock”, par value $0.01 per share (the “Series B A Participating Preferred Stock”), and the number of shares constituting the Series B A Participating Preferred Stock shall be 300,000. Such number of shares may be increased (but no such increase shall result in an increase of the number of shares of Series B A Participating Preferred Stock outstanding to a number greater than 500,0001,000,000) or decreased by resolution of the Board of Directors adopted and filed pursuant to Section 35 of the BCA, or any successor provision, and by the filing of a certificate of increase or decrease with the Registrar of Companies of the Mxxxxxxx Xxxxxxxx Islands; provided that no such decrease shall reduce the number of shares of Series B A Participating Preferred Stock to a number less than the number of shares then outstanding. Each share of Series B A Participating Preferred Stock shall be identical in all respects to every other share of Series B A Participating Preferred Stock. Shares of Series B A Participating Preferred Stock that are redeemed, purchased or otherwise acquired by the Corporation, or exchanged into shares of Common Stock, shall be cancelled and shall revert to authorized but unissued shares of Preferred Stock.

Designation; Number of Shares. There shall be created from the 1,000,000 shares of preferred stock, par value $0.01 per share (the “Preferred Stock”), of the Corporation authorized to be issued pursuant to the Articles of Incorporation, a series of Preferred Stock designated as “Series B D Junior Participating Preferred Stock”, par value $0.01 per share (the “Series B D Junior Participating Preferred Stock”), and the number of shares constituting the Series B D Junior Participating Preferred Stock shall be 300,000[●]. Such number of shares may be increased (but no such increase shall result in an increase of the number of shares of Series B D Junior Participating Preferred Stock outstanding to a number greater than 500,000985,000) or decreased by resolution of the Board of Directors adopted and filed pursuant to Section 35 of the BCA, or any successor provision, and by the filing of a certificate of increase or decrease with the Registrar of Companies of the Mxxxxxxx Xxxxxxxx Islands; provided that no such decrease shall reduce the number of shares of Series B D Junior Participating Preferred Stock to a number less than the number of shares then outstanding. Each share of Series B D Junior Participating Preferred Stock shall be identical in all respects to every other share of Series B D Junior Participating Preferred Stock. Shares of Series B D Junior Participating Preferred Stock that are redeemed, purchased or otherwise acquired by the Corporation, or exchanged into shares of Common Stock, shall be thereby automatically cancelled and shall revert to authorized but unissued shares of Preferred Stock.

Designation; Number of Shares. There shall be created from the 1,000,000 shares of preferred stock, par value $0.01 per share (the “Preferred Stock”), of the Corporation authorized to be issued pursuant to the Articles of Incorporation, a series of Preferred Stock designated as “Series B Participating Preferred Stock”, par value $0.01 per share (the “Series B Participating Preferred Stock”), and the number of shares constituting the Series B Participating Preferred Stock shall be 300,000. Such number of shares may be increased (but no such increase shall result in an increase of the number of shares of Series B Participating Preferred Stock outstanding to a number greater than 500,000) or decreased by resolution of the Board of Directors adopted and filed pursuant to Section 35 of the BCA, or any successor provision, and by the filing of a certificate of increase or decrease with the Registrar of Companies of the Mxxxxxxx Xxxxxxxx Islands; provided that no such decrease shall reduce the number of shares of Series B Participating Preferred Stock to a number less than the number of shares then outstanding. Each share of Series B Participating Preferred Stock shall be identical in all respects to every other share of Series B Participating Preferred Stock. Shares of Series B Participating Preferred Stock that are redeemed, purchased or otherwise acquired by the Corporation, or exchanged into shares of Common Stock, shall be cancelled and shall revert to authorized but unissued shares of Preferred Stock.