Common use of Designation, Par Value and Amount Clause in Contracts

Designation, Par Value and Amount. The shares of such series shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "SERIES RP PREFERRED STOCK"), the shares of such series shall be with par value of $0.001 per share, and the number of shares constituting such series shall be 30,000; PROVIDED, HOWEVER, that, if more than a total of 30,000 shares of Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 15, 1998, between the Corporation and ChaseMellon Shareholder Services, L.L.C., as Rights Agent (as amended from time to time, the "RIGHTS AGREEMENT"), the Board of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Restated Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Designation, Par Value and Amount. The shares of such series shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "SERIES RP PREFERRED STOCK"), the shares of such series shall be with par value of $0.001 .01 per share, and the number of shares constituting such series shall be 30,00040,000; PROVIDED, HOWEVER, that, if more than a total of 30,000 40,000 shares of Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 15January 12, 19981999, between the Corporation and ChaseMellon Shareholder ServicesNorwest Bank Minnesota, L.L.C.N.A., as Rights Agent (as amended from time to time, the "RIGHTS AGREEMENT"), the Board of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Restated Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Designation, Par Value and Amount. The shares of such series --------------------------------- shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "SERIES Series RP PREFERRED STOCKPreferred Stock"), the shares of such series shall be with par value ------------------------- of $0.001 .01 per share, and the number of shares constituting such series shall be 30,000105,000; PROVIDEDprovided, HOWEVERhowever, that, if more than a total of 30,000 105,000 shares of -------- ------- Series RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 1516, 19981999, between the Corporation and ChaseMellon Shareholder Services, Services L.L.C., as Rights Agent (as amended from time to time, the "RIGHTS AGREEMENTRights Agreement"), the Board ---------------- of Directors of the Corporation shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Restated Certificate Articles of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Designation, Par Value and Amount. The shares of such series --------------------------------- shall be designated as "Series RP Preferred Stock" (hereinafter referred to as "SERIES Series RP PREFERRED STOCKPreferred Stock"), the shares of such series shall be with par value -------------------------- of $0.001 .01 per share, and the number of shares constituting such series shall be 30,000; PROVIDEDprovided, HOWEVERhowever, that, if more than a total of 30,000 shares of Series -------- ------- RP Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of December 1517, 19981999, between the Corporation and ChaseMellon Shareholder Services[BankBoston, L.L.C.N.A.], as Rights Agent (as amended from time to time, the "RIGHTS AGREEMENTRights Agreement"), the Board of Directors of the Corporation shall ---------------- direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series RP Preferred Stock authorized to be issued to be increased (to the extent that the Restated Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of the Rights.