Common use of Junior Participating Preferred Stock Clause in Contracts

Junior Participating Preferred Stock. Section 1. Designation, Par Value and Amount. The shares of such series shall be designated as "Series F Junior Participating Preferred Stock" (hereinafter referred to as "Series F 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 500,000; provided, however, that, if more than a total of 500,000 shares of Series F Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of May 5, 1997 between the Corporation and Securities Transfer Corporation, as Rights Agent (as amended from time to time) (the "Rights Agreement"), the Board of Directors of the Corporation, pursuant to Section 151 of the General Corporation Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series F Preferred Stock authorized to be issued to be increased (to the extent that the Corrected, 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.

Junior Participating Preferred Stock. Section 1. Designation, Par Value and Amount. The shares of such series shall be designated as "Series F A Junior Participating Preferred Stock" (hereinafter referred to as "Series F A Preferred Stock"), the shares of such series shall be with no par value of $0.001 per sharevalue, and the number of shares constituting such series shall be 500,0001,000,000; provided, however, that, if more than a total of 500,000 1,000,000 shares of Series F A Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of May 5February 4, 1997 1998 between the Corporation and American Securities Transfer Corporation& Trust, Inc., as Rights Agent (as amended from time to time) (the "Rights Agreement"), the Board of Directors of the Corporation, pursuant to Section 151 10-602 of the General Corporation Law of the State of DelawareArizona Revised Statutes Annotated, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series F A Preferred Stock authorized to be issued to be increased (to the extent that the Corrected, Restated Certificate Amended and Compiled 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.

Junior Participating Preferred Stock. Section SECTION 1. DesignationDESIGNATION, Par Value and AmountPAR VALUE AND AMOUNT. The shares of such series shall be designated as "Series F Junior Participating Preferred Stock" (hereinafter referred to as "Series F 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 500,000; provided, however, that, if more than a total of 500,000 shares of Series F Preferred Stock shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of May 5, 1997 between the Corporation and Securities Transfer Corporation, as Rights Agent (as amended from time to time) (the "Rights Agreement"), the Board of Directors of the Corporation, pursuant to Section 151 of the General Corporation Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series F Preferred Stock authorized to be issued to be increased (to the extent that the Corrected, 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.