Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 shares, consisting of (i) 142,656,279 shares of Common Stock, par value $.01 per share (the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock, par value $.01 per share (the "Preferred Stock").

FOURTH. The total number of shares of capital stock which that the ------ Corporation shall have has the authority to issue is 175,078,160 sharesshall be 2,000, consisting of 1,000 shares (ieach, a “Preferred Share”) 142,656,279 shares of Common Stockpreferred stock, par value $.01 0.001 per share (the "Common “Preferred Stock"”) and (ii) 32,421,882 1,000 shares of Preferred Stockcommon stock, par value $.01 0.001 per share (the "Preferred “Common Stock"”).

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 shares, consisting of three thousand (i3,000) 142,656,279 shares of Common Stock, par value $.01 per share (share. FIFTH: The name and address of the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock, par value $.01 per share (the "Preferred Stock").sole incorporator is as follows:

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 Ten Million (10,000,000) shares, consisting all of (i) 142,656,279 shares of which shall be Common Stock, with a par value of $.01 0.001 per share (the "Common Stock") share, and (ii) 32,421,882 shares are to be of Preferred Stock, par value $.01 per share (the "Preferred Stock")one class.

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 150 shares, consisting all of (i) 142,656,279 which shares of shall be Common Stock, Stock having a par value of $.01 per share (the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock, par value $.01 per share (the "Preferred Stock")0.01.

FOURTH. The total number of shares of all classes of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 shares, consisting 600,000,000 of (i) 142,656,279 which 500,000,000 shares shall be Common Stock of Common Stock, the par value of $.01 0.0001 per share (and 100,000,000 shares shall be Preferred Stock of the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock, par value of $.01 0.0001 per share (the "Preferred Stock")share.

FOURTH. The total number of shares of capital stock which the ------ Corporation corporation shall have authority to issue is 175,078,160 shares, consisting of Three Thousand (i3,000) 142,656,279 shares of Common Stock, $0.01 par value per share, amounting in the aggregate to Thirty Dollars ($.01 per share (the "Common Stock"30.00) and (ii) 32,421,882 shares of Preferred Stock, par value $.01 per share (the "Preferred Stock")capital stock.

FOURTH. The total number of shares of all classes of capital stock which the ------ Corporation shall have the authority to issue is 175,078,160 shares, consisting 36,000,000 of (i) 142,656,279 which 35,000,000 shares shall be Common Stock of Common Stock, the par value of $.01 0.001 per share (share, and 1,000,000 shares shall be Preferred Stock of the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock, par value of $.01 0.001 per share (the "Preferred Stock")share.

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have Bank has authority to issue is 175,078,160 5,000,000 shares, consisting all of (i) 142,656,279 which are shares of Common Stock, common stock with a par value of $.01 10.00 per share (the "Common Stock") and (ii) 32,421,882 shares of Preferred Stockshare, resulting in an aggregate par value of $.01 per share (the "Preferred Stock")50,000,000.

FOURTH. The total number of shares of all classes of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 shares, consisting of One Hundred Million (i100,000,000) 142,656,279 shares of Common Stock, par value $.01 0.01 per share (the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock, par value $.01 per share (the "Preferred Stock").

FOURTH. The amount of the total number of shares of authorized capital stock which the ------ of this Corporation shall have authority be up to issue is 175,078,160 216,657,212 shares, consisting of divided as follows: (i) 142,656,279 120,000,000 shares of Common Stock, par value $.01 0.01 per share (the "“Common Stock") ”), and (ii) 32,421,882 96,657,212 shares of Preferred Stock, par value $.01 0.01 per share (the "“Preferred Stock"”)., of which:

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 shares, consisting of (i) 142,656,279 100 shares of Common Stockcommon stock, par value $.01 0.01 per share (the "“Common Stock") and (ii) 32,421,882 shares ”). Each holder of Preferred Stock, par value $.01 per Common Stock shall have one vote in respect of each share (of Common Stock held by such holder of record on the "Preferred Stock")books of the Corporation on all matters on which stockholders of the Corporation are entitled to vote.

FOURTH. A. The total number of shares of the capital stock which the ------ Corporation shall have authority to issue of this corporation hereby authorized is 175,078,160 shares205,891,097 divided into 5,891,097 shares of Preferred Stock without par value, consisting of (i) 142,656,279 and 200,000,000 shares of Common Stock, Stock of the par value of $.01 per share (the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock, par value $.01 per share (the "Preferred Stock")0.01 each.

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 shares, consisting of (i) 142,656,279 shares of Common Stock, par value $.01 per share (the "Common Stock") and (ii) 32,421,882 32,421,881 shares of Preferred Stock, par value $.01 per share (the "Preferred Stock").

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 sharesten thousand (10,000) shares of capital stock, consisting of (i) 142,656,279 10,000 shares of Common Stockcommon stock, each having a par value of $.01 0.01 per share (the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock, par value $.01 per share (the "Preferred Stock")share.

FOURTH. The total number of shares of all classes of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 sharesforty million (40,000,000) shares of capital stock, consisting of (i) 142,656,279 thirty five million (35,000,000) shares of Common Stockcommon stock, par value $.01 0.00001 per share, and (ii) five million (5,000,000) shares of preferred stock, par value $0.00001 per share (the "Common Stock") and (ii) 32,421,882 shares of “Preferred Stock, par value $.01 per share (the "Preferred Stock"”).

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 sharesFifty Million (50,000,000) shares of capital stock, consisting of Forty-Five Million (i45,000,000) 142,656,279 shares of Common Stock, each having a par value of $.01 0.001 per share share, and Five Million (the "Common Stock"5,000,000) and (ii) 32,421,882 shares of Preferred Stock, each having a par value of $.01 0.001 per share share, of which One Million Sixty Thousand (1,060,000) shares shall be designated Series A Convertible Preferred Stock (the "Preferred StockSeries A Preferred").

FOURTH. The total number of shares of all classes of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 shares, consisting of (i) 142,656,279 which shares of shall be Common Stock, Stock with a par value of $.01 .0001 per share (the "Common Stock") and (ii) 32,421,882 1,000,000 shares of shall be Preferred Stock, Stock with a par value of $.01 .0001 per share (the "Preferred Stock").

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 shares1,100,000,000, consisting of of: (ix) 142,656,279 1,000,000,000 shares of Common Stock, par value $.01 0.01 per share (the "“Common Stock") ”), issuable in two classes as hereinafter provided, and (iiy) 32,421,882 100,000,000 shares of Preferred Stock, par value $.01 1.00 per share (the "“Preferred Stock"”)., issuable in one or more series as hereinafter provided in paragraph 11 of this Article Fourth. The Common Stock shall be issuable in classes as follows:

FOURTH. The total number of shares of capital stock which the ------ Corporation shall have authority to issue is 175,078,160 sharesSixty Million (60,000,000), consisting of divided into Fifty Million (i50,000,000) 142,656,279 shares of Common Stock, Stock of the par value of one cent ($.01 0.01) per share and Ten Million (the "Common Stock"10,000,000) and (ii) 32,421,882 shares of Preferred Stock, Stock of the par value of one cent ($.01 0.01) per share (the "Preferred Stock")share.