Common use of Parent Capitalization Clause in Contracts

Parent Capitalization. The authorized capital of Parent consists of 10,000,000 shares of preferred stock, of which no shares are issued or outstanding; and 75,000,000 shares of Parent Common Stock, of which (a) as of November 30, 2009, 45,866,110 shares were issued and outstanding and (b) as of December 11, 2009, approximately 12,600,000 shares were reserved for issuance pursuant to Parent’s stock option and stock purchase plans.

Parent Capitalization. The authorized capital stock of the Parent consists of 10,000,000 25,000,000 shares of Common Stock, $0.01 par value per share, of which 11,323,494 shares are issued and outstanding (subject to the changes prior to the Closing Date contemplated by the Purchaser Disclosure Schedule) and 500,000 shares of preferred stock, none of which no shares are issued or and outstanding; and 75,000,000 shares of Parent Common Stock, of which (a) as of November 30, 2009, 45,866,110 shares were issued and outstanding and (b) as of December 11, 2009, approximately 12,600,000 shares were reserved for issuance pursuant to Parent’s stock option and stock purchase plans.

Parent Capitalization. The authorized capital stock of Parent consists of 10,000,000 shares of preferred stock, of which no shares are issued or outstanding; and 75,000,000 1,000,000,000 shares of Parent Common Stock, of which (a) as of November 30, 2009, 45,866,110 205,069,595 shares were issued and outstanding and (b) as of December 11May 21, 20092019 and 100,000,000 shares of preferred stock, approximately 12,600,000 of which none are issued and outstanding as of the close of business on the day immediately preceding the date of this Agreement. All of the outstanding shares were reserved for issuance pursuant to Parent’s stock option of Parent Common Stock have been duly authorized and stock purchase plansvalidly issued, and are fully paid and non-assessable.

Parent Capitalization. The authorized capital stock of Parent consists of 10,000,000 shares of preferred stock, of which no shares are issued or outstanding; and 75,000,000 1,000,000,000 shares of Parent Common Stock, of which (a) as of November 30, 2009, 45,866,110 160,563,939 shares were issued and outstanding and (b) as of December 11October 30, 20092015 and 100,000,000 shares of preferred stock, approximately 12,600,000 of which none are issued and outstanding as of the close of business on the day immediately preceding the date of this Agreement. All of the outstanding shares were reserved for issuance pursuant to Parent’s stock option of Parent Common Stock have been duly authorized and stock purchase plansvalidly issued, and are fully paid and non-assessable.

Parent Capitalization. The authorized As of August 29, 2007, (i) the capital stock of Parent consists of 10,000,000 0 issued shares of the 50,000,000 authorized shares of the preferred stock, of which no shares are $0.0001 par value, and 28,872,014 issued or outstanding; and 75,000,000 shares of the 250,000,000 authorized shares of the common stock, $0.0001 par value. As of the Closing, the Parent Common StockShares shall be duly authorized, of which (a) as of November 30validly issued, 2009fully paid, 45,866,110 shares were issued and outstanding and (b) as of December 11, 2009, approximately 12,600,000 shares were reserved for issuance pursuant to Parent’s stock option and stock purchase plansnon-assessable.

Parent Capitalization. The authorized capital stock of Parent consists of 10,000,000 shares of preferred stock, of which no shares are issued or outstanding; and 75,000,000 1,000,000,000 shares of Parent Common Stock, of which (a) as of November 30, 2009, 45,866,110 229,632,046 shares were issued and outstanding and (b) as of December 11November 16, 20092020 and 100,000,000 shares of preferred stock, approximately 12,600,000 of which none are issued and outstanding as of the close of business on the day immediately preceding the date of this Agreement. All of the outstanding shares were reserved for issuance pursuant to Parent’s stock option of Parent Common Stock have been duly authorized and stock purchase plansvalidly issued, and are fully paid and non-assessable.

Parent Capitalization. The authorized capital stock of Parent consists of 10,000,000 shares of preferred stock, of which no shares are issued or outstanding; and 75,000,000 100,000,000 shares of Parent Common Stock, par value $0.01 per share, and 2,000,000 shares of which (a) as Parent Preferred Stock, par value $1.00 per share. As of November 30June 18, 20092004, 45,866,110 the date of this Agreement, 11,847,280 shares of Parent Common Stock and no shares of Parent preferred stock were issued and outstanding and (b) as of December 11, 2009, approximately 12,600,000 shares were reserved for issuance pursuant to Parent’s stock option and stock purchase plansoutstanding.