Common use of Number of Shares and Designation Clause in Contracts

Number of Shares and Designation. 25,000 shares of preferred stock of the Company shall constitute a series of preferred stock, par value $0.001 per share (the “Preferred Stock”), of the Company designated as 8% Series B Senior Preferred Stock (the “Series B Preferred Stock”). Each share of Series B Preferred Stock shall rank equally in all respects and shall be subject to the following provisions of this Certificate.

Number of Shares and Designation. 25,000 shares of preferred stock of the Company shall constitute a series of preferred stock, par value $0.001 per share (the “Preferred Stock”)share, of the Company designated as 8% Series B Senior A Convertible Preferred Stock (the “Series B A Preferred Stock”). Each share of Series B A Preferred Stock shall rank equally in all respects and shall be subject to the following provisions of this Certificate.