Common use of Reacquired Shares Clause in Contracts

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, and may be reissued as part of any series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Board, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Restated Certificate of Incorporation, as then amended.

Reacquired Shares. Any shares of Series B D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to of the conditions and restrictions on issuance set forth hereinCorporation.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Board, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation or as otherwise required by law.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, stock and may be reissued as part of any a new series of preferred stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, Preferred Stock without designation as to series, series and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to as permitted by the conditions and restrictions on issuance set forth hereinCertificate of Incorporation or as otherwise permitted under Delaware Law.

Reacquired Shares. Any shares of Series B Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, stock and may be reissued as part of any a new series of preferred stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, and may be reissued as part of any series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Participating Cumulative Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth hereinin the Certificate of Incorporation.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth hereinherein or in the Certificate of Incorporation.

Reacquired Shares. Any shares of Series B Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any series a new Series of preferred stock to be created by resolution vote or resolutions votes of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Series B Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Shares to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, stock and may be reissued as part of any a new series of preferred stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Second Restated Certificate of Incorporation, as then amended.

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Board, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinDirectors.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and may be reissued series until such shares are once more designated as part of any a particular series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject pursuant to the conditions and restrictions on issuance set forth hereinprovisions of paragraph (b) of Article FOURTH of the Certificate of Incorporation.

Reacquired Shares. Any shares of Series B Preferred Stock redeemed, ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock to be created by resolution vote or resolutions votes of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinDirectors.

Reacquired Shares. Any shares of Series B Preferred Stock shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall shall, upon their cancellation cancellation, become authorized but unissued Preferred shares of preferred stock, without designation as to series, and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B A Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock redeemed, purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Board, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Series B Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B D Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stockPreference Shares, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock Preference Shares to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to in accordance with the conditions and restrictions on issuance set forth hereinBye-laws.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, stock and may be reissued as part of any a new series of preferred stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinDirectors.

Reacquired Shares. Any shares of Series B Preferred Participating Cumulative Preference Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Cumulative Preference Stock and may be reissued as part of any a new series of preferred stock Cumulative Preference Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and such shares may be redesignated and reissued as part of any series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock converted, redeemed, purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares of Series B Preferred Stock shall upon their cancellation cancellation, in accordance with the CGCL, become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock of the corporation and may be reissued as part of any another series of preferred stock created by resolution or resolutions Preferred Stock of the Board of Directors (including Series B Preferred Stock)corporation, subject to the conditions and or restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, Preferred Stock without designation as to series, series and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to as permitted by the conditions and restrictions on issuance set forth hereincertificate of incorporation of the Corporation or as otherwise permitted under Delaware law.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, stock and may be reissued as part of any a new series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth herein, or in any Certificate of Designation creating a series of preferred stock or any similar stock or as otherwise required by law.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of the Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stock, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinDirectors.

Reacquired Shares. Any shares of Series Class B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinDirectors.

Reacquired Shares. Any shares of Series Class B Preferred Stock Stock, Series E purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock Shares purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, and may be reissued as part of any series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth herein, in the Trust Agreement or in any other Certificate of Designations creating a series of shares of the Company or as otherwise required by law.

Reacquired Shares. Any shares of Series B Preferred Stock Shares purchased or ----------------- otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereofsuch acquisition. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Shares and may be reissued as part of any a new series of preferred stock created Preferred Stock by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth hereinherein or in the Articles of Incorporation, or as otherwise required by law.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and may be reissued series until such shares are once more designated as part of any a particular series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject pursuant to the conditions and restrictions on issuance set forth herein.provisions of paragraph (b) of Article FOURTH of the

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereofsuch acquisition. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Corporation’s Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth hereinherein and in the Amended and Restated Certificate of Incorporation, as then amended.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and may be reissued series until such shares are once more designated as part of any a particular series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject pursuant to the conditions and restrictions on issuance set forth hereinArticles of Incorporation.

Reacquired Shares. Any shares of Series B Preferred Stock redeemed, ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, stock and may be reissued as part of any a new series of preferred stock to be created by be resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever (including by redemption or reclassification) shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, thereof and may not be reissued as part of any series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinreissued.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All The corporation shall take all such action as is necessary so that all such shares shall upon after their cancellation become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions Articles of Amendment adopted by the Board of Directors (including Series B Preferred Stock)without shareholder action, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All The corporation shall take all such action as is necessary so that all such shares shall upon after their cancellation become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions Certificate of Amendment adopted by the Board of Directors (including Series B Preferred Stock)without shareholder action, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein. SECTION 6.

Reacquired Shares. Any shares of Series B Serial Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution <PAGE> -6- or resolutions of the Corporation's Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth hereinin this Designation.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stock, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinDirectors.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and may be reissued series until such shares are once more designated as part of any a particular series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject pursuant to the conditions and restrictions on issuance set forth hereinprovisions of Paragraph B of Article FOURTH of the Certificate of Incorporation.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, common stock and may be reissued as part of any a new series of preferred common stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of common stock or any similar stock or as otherwise required by law.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Series B Preferred and may be reissued as part of any a new series of preferred stock Series B Preferred to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and may be reissued series until such shares are once more designated as part of any a particular series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject pursuant to the conditions and restrictions on issuance set forth hereinprovisions of the first paragraph of Division II of Article III.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Preference Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preference Stock and may be reissued as part of any a new series of preferred stock Preference Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth hereinherein or in the Certificate of Incorporation.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation cancelation become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and may be reissued series until such shares are once more designated as part of any a particular series of preferred stock created by resolution or resolutions the Board pursuant to the provisions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinArticles.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Board, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinDirectors.

Reacquired Shares. Any shares of Series B Preferred Stock Shares purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Series Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth hereinDirectors.

Reacquired Shares. Any shares of Series B C Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Participating ----------------- Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth hereinherein and, in the Restated Certificate of Incorporation, as then amended.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), Stock subject to the conditions and restrictions on issuance set forth herein., in the

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Convertible Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to of the conditions and restrictions on issuance set forth hereinCorporation.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation shall become authorized but unissued shares of preferred stockshares, without designation as to series, and such shares may be reissued as part of any a new series of preferred stock shares to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to of the conditions and restrictions on issuance set forth hereinCorporation.

Reacquired Shares. Any shares of Series B Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B B-1 Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of Series B-1 Preferred Stock or of any other series of preferred stock created Preferred Stock as designated by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject from time to the conditions and restrictions on issuance set forth hereintime.

Reacquired Shares. Any shares of Series B Preferred Stock that are purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All Upon their cancellation, all of such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and thereafter may be reissued issued as part of any another series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance rights of holders (if any) of shares of Series B Preferred Stock set forth hereinin these resolutions.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Series B Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B D Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the any conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement and cancelation shall become authorized but unissued shares of preferred stockPreferred Stock, without designation as to series, and such shares may be redesignated and reissued as part of any series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B B-2 Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of Series B-2 Preferred Stock or of any other series of preferred stock created Preferred Stock as designated by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), subject from time to the conditions and restrictions on issuance set forth hereintime.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, Preferred Stock and may be reissued as part of any a new series of preferred stock Preferred Stock to be created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock)Directors, subject to the conditions and restrictions on issuance set forth herein.

Reacquired Shares. Any shares of Series B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of preferred stock, without designation as to series, and may be reissued as part of any series of preferred stock created by resolution or resolutions of the Board of Directors (including Series B Preferred Stock), Stock subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designations creating a series of Preferred Stock or any similar stock or as otherwise required by law.