Common use of Rights, Preferences and Restrictions of Preferred Stock Clause in Contracts

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this Restated Certificate of Incorporation may be issued from time to time in one or more classes or series. The rights, preferences, privileges, and restrictions granted to and imposed on the Series A Preferred Stock are set forth below in this Article IV(B). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed under additional series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the protective voting rights which have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or series or class thereof in the Company’s Restated Certificate of Incorporation (“Protective Provisions”), but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu with (including without limitation, with respect to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) or senior to any present or future class or series of Preferred or Common Stock. Subject to compliance with applicable Protective Provisions, the Board of Directors is also authorized to increase or decrease the number of shares of any series or class, prior or subsequent to the issue of that series or class, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series or class.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this Restated Certificate these Articles of Incorporation shall be divided into series. The first series of stock shall consist of Two Million (2,000,000) shares and is designated "Series B Preferred Stock." The second series shall consist of Fifty Thousand (50,000) shares and is designated "Series M Preferred Stock." The rights, preferences, privileges and restrictions granted to and imposed on the Series B Preferred Stock and the Series M Preferred Stock are as set forth below in this Article V(B). Any shares of authorized and unissued shares of Preferred Stock which have not been designated in a series may be issued from time to time in one or more classes or series. The rights, preferences, privileges, and restrictions granted to and imposed on the Series A Preferred Stock are set forth below in this Article IV(B). The Board of Directors of the corporation (the "Board of Directors") is hereby authorized to fix provide for the issuance of all or alter any of the rights, preferences, privileges authorized and restrictions granted to unissued shares of the Preferred Stock (which have not been designated in a series) in one or imposed under additional series or classes of Preferred Stockmore series, and to fix the number of shares constituting any and to determine or alter for each such series series, such voting powers, full or class limited, or no voting powers, and the designation such designations, preferences and relative, participating, optional or other rights, and such qualifications, Limitations or restrictions thereof, as shall be stated and expressed in the resolution or resolutions adopted by the Board of any Directors providing for the issuance of themsuch shares (a "Preferred Stock Designation") and as may be permitted by the General Corporation Law of the State of Delaware. Subject to compliance with the applicable protective voting rights which have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or series or class thereof in a Preferred Stock Designation or the Company’s Restated corporation's Certificate of Incorporation (“"Protective Provisions”"), but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu with (including including, without limitation, inclusion of provisions with respect to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) ), or senior to any of those of any present or future class or series of Preferred Stock or Common Stock. Subject to compliance with applicable Protective Provisions, the Board of Directors is also authorized to increase or decrease the number of shares of any series or classseries, prior or subsequent to the issue issuance of that series or classseries, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this Restated Certificate of Incorporation may be issued from time to time in one or more classes or series. The rights, preferences, privileges, and restrictions granted to and imposed on the Series A Preferred Stock Stock, which series shall consist of Eight Million Eight Hundred Thousand (8,800,000) shares (the "Series A Preferred Stock"), are as set forth below in this Article IV(B). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed under upon additional series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the applicable protective voting rights which that have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or series or class thereof in the Company’s Restated Certificates of Designation or this corporation's Certificate of Incorporation (“"Protective Provisions”"), but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu with (including including, without limitation, inclusion in provisions with respect to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) ), or senior to any of those of any present or future class or series of Preferred or Common Stock. Subject to compliance with applicable Protective Provisions, the Board of Directors is also authorized to increase or decrease the number of shares of any series or class(other than the Series A Preferred Stock), prior or subsequent to the issue of that series or classseries, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which that they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred ------------------------------------------------------- Stock authorized by this Restated Certificate these Articles of Incorporation may be issued from time to time in one or more classes or series. The rights, preferences, privileges, and restrictions granted to and imposed on the Series A Preferred Stock and Series B Preferred Stock are as set forth below in this Article IV(BIII(C). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed under upon additional series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the applicable protective voting rights which have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or series or class thereof in Certificates of Determination or the Company’s Restated Certificate corporation's Articles of Incorporation (“"Protective Provisions”"), but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu with (including including, without limitation, inclusion in provisions with respect to liquidation and acquisition preferences, redemption and/or or approval of matters by vote or written consent) ), or senior to any of those of any present or future class or series of Preferred or Common Stock (other than the Series B Preferred Stock). Subject to compliance with applicable Protective Provisions, the Board of Directors is also authorized to increase or decrease the number of shares of any series or class(other than the Series B Preferred Stock), prior or subsequent to the issue of that series or classseries, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which that they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this Restated Certificate of Incorporation may be issued from time to time in one or more classes or series. The rights, preferences, privileges, and restrictions granted to and imposed on the Series A Preferred Stock Stock, which series shall consist of 17,000,000 shares, are as set forth below in this Article IV(B). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed under upon additional series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the applicable protective voting rights which have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or series or class thereof in Certificates of Determination or the Company’s Restated corporation's Certificate of Incorporation (“"Protective Provisions”"), but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu PARI PASSU with (including including, without limitation, inclusion in provisions with respect to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) ), or senior to any of those of any present or future class or series of Preferred or Common Stock. Subject to compliance with applicable Protective Provisions, the Board of Directors is also authorized to increase or decrease the number of shares of any series or class(other than the Series A Preferred Stock), prior or subsequent to the issue of that series or classseries, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this Restated Certificate of Incorporation (the “Certificate”) may be issued from time to time in one or more classes or series. The first series of Preferred Stock shall be designated “Series A Preferred” and shall consist of Fourteen Million Nine Hundred Thousand (14,900,000) shares. The rights, preferences, privileges, and restrictions granted to and imposed on the Series A Preferred Stock are as set forth below in this Article IV(BIII(B). The Corporation’s Board of Directors (the “Board of Directors”) is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed under upon additional series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the applicable protective voting rights which have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or series or class thereof in the Company’s Restated Certificates of Determination or this Certificate of Incorporation (“Protective Provisions”), but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu with (including including, without limitation, inclusion in provisions with respect to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) ), or senior to any of those of any present or future class or series of Preferred Stock, Class A Common Stock or Common Stock. Subject to compliance with applicable Protective Provisions, the Board of Directors is also authorized to increase or decrease the number of shares of any series or classseries, prior or subsequent to the issue of that series or classseries, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this Restated Certificate of Incorporation may be issued from time to time in one or more classes or series. The rights, preferences, privileges, and restrictions granted to and imposed on (i) the Series A Preferred Stock Stock, which series shall consist of 12,900,000 shares, (ii) the Series B Preferred Stock, which series shall consist of 4,044,943 shares, and (iii) the Series C Preferred Stock, which series shall consist of 3,731,410 shares, are as set forth below in this Article IV(B). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed under upon additional series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the applicable protective voting rights which have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or series or class thereof in Certificates of Determination or the Company’s corporation's Restated Certificate of Incorporation (“"Protective Provisions”"), but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu with (including including, without limitation, inclusion in provisions with respect to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) ), or senior to any of those of any present or future class or series of Preferred or Common Stock. Subject to compliance with applicable Protective Provisions, the Board of Directors is also authorized to increase or decrease the number of shares of any series (other than the Series A Preferred Stock, Series B Preferred Stock or class, Series C Preferred Stock) prior or subsequent to the issue of that series or classseries, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this these Restated Certificate Articles of Incorporation may be issued from time to time in one or more classes or series. The rights, preferences, privileges, privileges and restrictions granted to and imposed on the Series A Preferred Stock, the Series B Preferred Stock, the Series C Preferred Stock, the Series J Preferred Stock, the Series Z Preferred Stock, the Series A-1 Preferred Stock, the Series B-1 Preferred Stock and the Series C-1 Preferred Stock are as set forth below in this Article IV(BIII(B). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed under additional series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the applicable protective voting rights ("Protective Provisions") which have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or any series or class thereof in Certificates of Determination or the Company’s Restated Certificate corporation's Articles of Incorporation (“Protective Provisions”)Incorporation, but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu with (including without limitation, with respect as amended from time to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) or senior to any present or future class or series of Preferred or Common Stock. Subject to compliance with applicable Protective Provisionstime, the Board of Directors is also authorized to increase or decrease the number of shares of any series or class(other than the Series A Preferred Stock, the Series B Preferred Stock, the Series C Preferred Stock, the Series A-1 Preferred Stock, the Series B-1 Preferred Stock and the Series C-1 Preferred Stock), prior or subsequent to the issue of that series or classseries, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this these Restated Certificate Articles of Incorporation may be issued from time to time in one or more classes or series. The rights, preferences, privileges, privileges and restrictions granted to and imposed on the Series A Preferred Stock, the Series B Preferred Stock, the Series C Preferred Stock, the Series D Preferred Stock, the Series J Preferred Stock, the Series Z Preferred Stock, the Series A-1 Preferred Stock, the Series B-1 Preferred Stock, the Series C-1 Preferred Stock and the Series D-1 Preferred Stock are as set forth below in this Article IV(BIII(B). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed under additional series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the applicable protective voting rights ("Protective Provisions") which have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or any series or class thereof in the Company’s Restated Certificate Certificates of Incorporation (“Protective Provisions”)Determination or this corporation's Articles of Incorporation, but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu with (including without limitation, with respect as amended from time to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) or senior to any present or future class or series of Preferred or Common Stock. Subject to compliance with applicable Protective Provisionstime, the Board of Directors is also authorized to increase or decrease the number of shares of any series or class(other than the Series A Preferred Stock, the Series B Preferred Stock, the Series C Preferred Stock, the Series D Preferred Stock, the Series A-1 Preferred Stock, the Series B-1 Preferred Stock, the Series C-1 Preferred Stock and the Series D-1 Preferred Stock), prior or subsequent to the issue of that series or classseries, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this these Restated Certificate Articles of Incorporation may be issued from time to time in one or more classes or series. The rights, preferences, privileges, and restrictions granted to and imposed on the Series A Preferred Stock Stock, which series shall consist of 2,500,000 shares, are as set forth below in this Article IV(BIII(B). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed under upon additional series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the applicable protective voting rights which that have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or any series or class thereof in any Certificate of Determination or the Company’s corporation's Restated Certificate Articles of Incorporation (“"Protective Provisions”"), but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu PARI PASSU with (including including, without limitation, inclusion in provisions with respect to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) ), or senior to any of those of any present or future class or series of Preferred or Common Stock. Subject to compliance with applicable Protective Provisions, the Board of Directors is also authorized to increase or decrease the number of shares of any series or class(other than the Series A Preferred Stock), prior or subsequent to the issue of that series or classseries, but not below the number of shares of such series or class then outstanding. In case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this Amended and Restated Certificate of Incorporation may be issued from time to time in one or more classes or series. The first series of Preferred Stock shall be designated "Series A Participating Preferred Stock" and shall consist of one hundred thousand (100,000) shares. The second series of Preferred Stock shall be designated "Series B Preferred Stock" and shall consist of fifteen million (15,000,000) shares. The rights, preferences, privileges, privileges and restrictions granted to and imposed on the Series A Participating Preferred Stock and Series B Preferred Stock are as set forth below in this Article IV(BIV(2) (A) and (B), respectively. The Board of Directors is hereby authorized authorized, in the resolution or resolutions adopted by the Board of Directors providing for the issuance of any wholly unissued series of Preferred Stock, within the limitations and restrictions stated in this Amended and Restated Certificate of Incorporation, to fix or alter the dividend rights, preferencesdividend rate, privileges conversion rights, voting rights, rights and restrictions granted to terms of redemption (including sinking fund provisions), the redemption price or imposed under additional prices, and the liquidation preferences of any wholly unissued series or classes of Preferred Stock, and the number of shares constituting any such series or class and the designation thereof, or of any of them. Subject to compliance with the protective voting rights which have been granted in Section 6 of this Article IV(B) or may hereafter be granted to the Preferred Stock or series or class thereof in the Company’s Restated Certificate of Incorporation (“Protective Provisions”), but notwithstanding any other rights of the Preferred Stock or any series or class thereof, the rights, privileges, preferences and restrictions of any such additional series or class may be subordinated to, pari passu with (including without limitation, with respect to liquidation and acquisition preferences, redemption and/or approval of matters by vote or written consent) or senior to any present or future class or series of Preferred or Common Stock. Subject to compliance with applicable Protective Provisions, the Board of Directors is also authorized to increase or decrease the number of shares of any series or class, prior or subsequent to the issue of shares of that series or classseries, but not below the number of shares of such series or class then outstanding. In the case the number of shares of any series or class shall be so decreased, the shares constituting such decrease shall resume the status which that they had prior to the adoption of the resolution originally fixing the number of shares of such series or classseries.