As of the date hereof, the authorized capital stock of FCBI consists solely of 25,000,000 shares of FCBI Common Stock, of which 10,950,078 shares were issued and outstanding as of the close of business on July 24, 2008, and 1,000,000 shares of FCBI Preferred Stock, of which no shares were issued and outstanding as of the date hereof.
New Preferred Stock means the Series B-1 Preferred Stock and the Series B-2 Preferred Stock.
Series C Preferred Stock means shares of the Company’s Series C Preferred Stock, par value $0.0001 per share.
Series D Preferred Stock means shares of the Company’s Series D Preferred Stock, par value $0.001 per share.
Series A Preferred Stock means shares of the Company’s Series A Preferred Stock, par value $0.0001 per share.
Series B Preferred Stock means shares of the Company’s Series B Preferred Stock, par value $0.0001 per share.
Series F Preferred Stock means shares of the Company’s Series F Preferred Stock, par value $0.0001 per share.
Series H Preferred Stock means shares of the Company’s Series H Preferred Stock, par value $0.0001 per share.
Series E Preferred Stock means shares of the Company’s Series E Preferred Stock, par value $0.0001 per share.
Voting Preferred Stock means, with regard to any election or removal of a Preferred Stock Director (as defined in Section 8(b) below) or any other matter as to which the holders of Series E are entitled to vote as specified in Section 8 of this Certificate of Designations, any and all series of Preferred Stock (other than Series E) that rank equally with Series E either as to the payment of dividends or as to the distribution of assets upon liquidation, dissolution or winding up of the Corporation and upon which like voting rights have been conferred and are exercisable with respect to such matter.
Series G Preferred Stock means shares of the Company’s Series G Preferred Stock, par value $0.0001 per share.
Buyer Preferred Stock means the preferred stock, par value $0.001 per share, of Buyer.
Series C Preferred Shares means the Company’s series C preferred shares, par value US$0.00001 per share.
Parent Preferred Stock means the preferred stock, par value $0.01 per share, of Parent.
Series D Preferred Shares means the Company’s series D preferred shares, par value US$0.00001 per share.
Series A Preferred Shares means the Series A Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.
Series B-2 Preferred Stock means shares of the Company’s Series B-2 Preferred Stock, par value $0.001 per share.
Class A Preferred Stock means the Company's Class A Convertible Preferred Stock, par value $.01 per share.
Existing Preferred Stock means, collectively, the outstanding shares of the Series E 6% Convertible Preferred Stock of the Corporation.
Series B-1 Preferred Stock means shares of the Company’s Series B-1 Preferred Stock, par value $0.0001 per share.
Senior Preferred Stock means the Series A Preferred Stock and the Series B Preferred Stock.
Company Series C Preferred Stock means the Series C Preferred Stock, par value $0.0001 per share, of the Company.
Company Series A Preferred Stock means the Series A Preferred Stock, par value $0.0001 per share, of the Company.
Series A-1 Preferred Stock means shares of the Company’s Series A-1 Preferred Stock, par value $0.0001 per share.
Junior Preferred Stock means ML & Co.'s Series A Junior Preferred Stock, par value $1.00 per share.
Safe Preferred Stock means the shares of the series of Preferred Stock issued to the Investor in an Equity Financing, having the identical rights, privileges, preferences and restrictions as the shares of Standard Preferred Stock, other than with respect to: (i) the per share liquidation preference and the initial conversion price for purposes of price-based anti-dilution protection, which will equal the Conversion Price; and (ii) the basis for any dividend rights, which will be based on the Conversion Price.
Series E Preferred Shares means the Series E Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.