Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of all classes of stock which the Corporation shall have authority to issue is one thousand (1,000), consisting of 1,000 shares of Common Stock, having a par value of $0.01 per share. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

FOURTH. The total number of shares of all classes of stock which the Corporation shall have authority to issue is one thousand One Thousand (1,000), consisting ) shares. The par value of 1,000 each such share is $0.001. All such shares are of one class and are shares of Common Stock, having a par value of $0.01 per share. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it The Corporation is further provided:to have perpetual existence.

FOURTH. The total number of shares of all classes of stock which that the Corporation shall have authority to issue is one thousand One Hundred (1,000)100) shares, consisting all of 1,000 shares of which are Common Stock, having Stock with a par value of $0.01 per share0.01. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it The Corporation is further provided:to have perpetual existence.

FOURTH. The total number of shares of all classes of stock which the Corporation shall have authority to issue is one thousand (1,000)) shares, consisting of 1,000 shares of Common Stock, having a par value of $0.01 0.004 per share. All such shares shall be of one class and shall be designated Common Stock. FIFTH: In furtherance The name and the mailing address of and not in limitation of powers conferred by statute, it is further provided:the incorporator are as follows: .

FOURTH. The total number of shares of all classes of stock which the this Corporation shall have authority is authorized to issue is 5,000. All such shares are of one thousand (1,000), consisting of 1,000 class and are shares of Common Stock, having a Stock with the par value of $0.01 per share. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:.

FOURTH. The total number of shares of all classes of stock which the Corporation shall have the authority to issue is one thousand 700,000, (1,000), consisting of 1,000 i) 600,000 shares of Common Stockwhich shall be denominated as common stock, each having a par value of one penny ($0.01 per share. FIFTH: In furtherance .01); and (ii) 100,000 shares of which shall be denominated as ▇▇▇▇es A Cumulative Redeemable Exchangeable Preferred Stock (the "Series A Preferred Stock"), each having a par value of one dollar ($1.00) and not otherwise having the rights and preferences set forth in limitation of powers conferred by statute, it is further provided:Article FIFTH hereof.

FOURTH. The total number of shares of all classes of stock which the Corporation shall have authority to issue is one thousand (1,000), consisting of 1,000 shares of Common Stockcommon stock, having a par value of $0.01 0.0001 per share. FIFTH: In furtherance The name and mailing address of and not in limitation of powers conferred by statutethe incorporator is [●], it is further provided:[●].

FOURTH. The total number of shares of all classes of stock which the Corporation corporation shall have authority to issue is 1,000. The par value of each of such shares is one thousand (1,000), consisting dollar. All such shares are of 1,000 one class and are shares of Common Stock, having a par value of $0.01 per share. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it The corporation is further provided:to have perpetual existence.

FOURTH. The total number of shares of all classes of stock which the Corporation shall have authority to issue is one thousand (1,000)1,000 shares, consisting of 1,000 shares of Common Stock, having a $.001 par value of $0.01 per share, all of which are the same class and all of which are designated as common shares. FIFTH: In furtherance The name and mailing address of and not in limitation of powers conferred by statute, it is further providedthe incorporator are as follows: NAME:

FOURTH. The total number of shares of all classes of stock which the Corporation shall have authority to issue is one thousand (1,000)210,000,000 shares, consisting of 1,000 which 200,000,000 shares shall be Common Stock of Common Stock, having a the par value of $0.01 .001 per share and 10,000,000 shares shall be Preferred Stock of the par value of $.001 per share. FIFTH: In furtherance of and not , issuable in limitation of powers conferred by statute, it is further provided:series.

FOURTH. The total number of shares of all classes of stock which that the Corporation shall have authority to issue is one thousand (1,000). All such shares are to be common stock, consisting of 1,000 shares of Common Stock, having a par value of $0.01 per share. FIFTH: In furtherance , and are to be of and not in limitation of powers conferred by statute, it is further provided:one class.

FOURTH. The total number of shares of all classes of stock which the Corporation shall have authority to issue is one thousand (1,000), 1,100,000,000 consisting of 1,000 (x) 1,000,000,000 shares of Common Stock, having a par value of $0.01 per share. FIFTH: In furtherance , and (y) 100,000,000 shares of Preferred Stock, par value $0.01, of which 1,725,000 shares are designated as 5.250% Mandatory Convertible Preferred Stock, Series A-1 (the “Series A-1 Preferred Stock”), and not the remainder of which are issuable in limitation of powers conferred by statute, it is further one or more series as hereinafter provided:.

FOURTH. The total number of shares of all classes of stock which the this Corporation shall have authority is authorized to issue is 1,000. All such shares are of one thousand (1,000), consisting of 1,000 class and are shares of Common Stock, having a common stock with the par value of $0.01 per share. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:.

FOURTH. The total number of shares of all classes of stock which the Corporation shall have authority to issue is one thousand (1,000), consisting of 1,000 one thousand (1,000) shares of Common Stockcommon stock, having a $0.01 par value of $0.01 per share. FIFTH: In furtherance The business and affairs of the Corporation shall be managed by and not under the direction of the Board of Directors. The exact number of directors of the Corporation shall be fixed by or in limitation the manner provided in the Bylaws of powers conferred by statute, it is further provided:the Corporation (the “Bylaws”).