Number of Shares Uses in Designation and Number of Shares Clause

Designation and Number of Shares

I, Jennifer Simpson, hereby certify that I am the Chief Executive Officer of Delcath Systems, Inc. (the Corporation), a corporation incorporated and existing under the Delaware General Corporation Law (the DGCL) and further do hereby certify:

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Corporation designated as Series B Convertible Preferred Stock (the Preferred Shares). The authorized number of Preferred Shares shall be 2,360 shares. Each Preferred Share shall have a par value of $0.01. Capitalized terms not defined herein shall have the meaning as set forth in Section 29 below.

Designation and Number of Shares

Sonic Foundry, Inc., a Maryland corporation (the "Corporation"), hereby certifies to the State Department of Assessments and Taxation of Maryland that:

Designation and Number of Shares. There is hereby created out of the authorized and unissued shares of preferred stock of the Company a series of preferred stock designated as the "9 % Cumulative Voting Convertible Preferred Stock, Series A" (the "Series A Preferred Stock"). The number of shares constituting such series shall be 1,000. The Series A Preferred Stock shall have a par value of $0.01 per share.

Designation and Number of Shares

Peabody Energy Corporation, a corporation organized and existing under the DGCL (the Corporation), in accordance with the provisions of Section 103 thereof, does hereby submit the following:

Designation and Number of Shares. The series of preferred stock shall be designated as Series A Convertible Preferred Stock, with a par value of $0.01 per share (the Series A Preferred Stock), and the number of shares so authorized and designated shall be 50,000,000 (Fifty Million). At all times the Corporation will have sufficient shares authorized, and will take all actions necessary to authorize additional shares of Series A Preferred Stock, if required, in each case, to meet its obligations hereunder.

Designation and Number of Shares

RESOLVED, that pursuant to the authority expressly vested in the Board of Directors of the Corporation by the Articles of Incorporation, as amended (the "Articles of Incorporation"), and in accordance with the provisions of Section 78.1955 of the Nevada Revised Statutes, the Board of Directors hereby fixes the powers, designation, preferences and relative, participating, optional and other special rights, and the qualifications, limitations and restrictions, of the Series A Preferred Stock; and

Designation and Number of Shares. Of the 1,000,000 shares of preferred stock, $0.001 par value per share ("Preferred Stock"), authorized pursuant to Article VIII of the Articles of Incorporation, 500,000 shares are hereby designated as Series A Preferred Stock, par value $0.001 per share (the "Series A Preferred Stock").

Designation and Number of Shares

I, [____], hereby certify that I am the [____] of Bioptix, Inc. (the "Company"), a corporation organized and existing under the Colorado Revised Statutes (the "CRS"), and further do hereby certify:

Designation and Number of Shares. There shall hereby be created and established by this Certificate of Designation of Rights, Powers, Preferences, Privileges and Restrictions (this "Certificate of Designation") a series of preferred stock of the Company designated as "0% Series A Convertible Preferred Stock" (the "Preferred Shares"). The authorized number of Preferred Shares shall be [___] ( ) shares. Each Preferred Share shall have no par value. Capitalized terms not defined herein shall have the meaning as set forth in Section 23 below or in the Purchase Agreement.

Designation and Number of Shares

C&J Energy Services, Inc., a corporation organized and existing under the laws of the State of Delaware (the Corporation), in accordance with the provisions of Section 151 of the General Corporation Law of the State of Delaware thereof, does hereby certify:

Designation and Number of Shares. The Series A Preferred Stock shall be designated as Series A Participating Cumulative Preferred Stock, and the number of authorized shares constituting such series shall be 10,000,000. Such number of shares of the Series A Preferred Stock may be increased or decreased by resolution of the Board of Directors; provided that no decrease shall reduce the number of shares of Series A Preferred Stock to a number less than the number of shares then outstanding plus the number of shares issuable upon exercise or conversion of outstanding rights, options or other securities issued by the Corporation.

Designation and Number of Shares from Articles of Incorporation

Pursuant to the provisions of the General Corporation Law of the State of Delaware ("DBCA"), the undersigned Officer of Petrus Resources Corporation (the "Corporation"), a company organized and existing under the laws of the State of Delaware, certifies that pursuant to the authority contained in the Corporation's Articles of Incorporation ("Articles of Incorporation") and in accordance with the provisions of the resolution creating a series of the class of the Corporation's authorized Preferred Stock designated as Series A Convertible Preferred Stock does hereby certify:

Designation and Number of Shares. There shall be a series of Preferred Stock that shall be designated as "Series A Convertible Preferred Stock," and the number of shares constituting such series shall be twenty million (20,000,000) shares. Such number of shares may be increased or decreased by resolution of the Board of Directors; provided, however, that no decrease shall reduce the number of shares of Series A Stock to less than the number of shares then issued and outstanding plus the number of shares issuable upon exercise of outstanding rights, options or warrants or upon conversion of outstanding securities issued by the Corporation. The stated value shall be $0.0001 per share ("Stated Value").

Designation and Number of Shares from Amended and Restated

I, Jonathan Read, hereby certify that I am the Chief Executive Officer and Secretary of EnergyTek Corp. (the "Corporation"), a corporation organized and existing under the Nevada Revised Statutes (the "NRS"), and further do hereby certify:

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Corporation designated as "Series A Convertible Preferred Stock" (the "Preferred Shares"). The authorized number of Preferred Shares shall be 134,000 shares. Each Preferred Share shall have a par value of $0.01. Capitalized terms not defined herein shall have the meaning as set forth in Section 29 below.

Designation and Number of Shares

MB Financial, Inc., a Maryland corporation (the Corporation), hereby certifies to the State Department of Assessments and Taxation of Maryland that:

Designation and Number of Shares. There is hereby created out of the authorized and unissued shares of preferred stock of the Company a series of preferred stock designated as the 8% Cumulative Voting Convertible Preferred Stock, Series B (the Series B Preferred Stock). The number of shares constituting such series shall be 1,775. The Series B Preferred Stock shall have a par value of $0.01 per share.

Designation and Number of Shares

I, Jonathan Read, hereby certify that I am the Chief Executive Officer and Secretary of EnergyTek Corp. (the "Corporation"), a corporation organized and existing under the Nevada Revised Statutes (the "NRS"), and further do hereby certify:

Designation and Number of Shares. There shall hereby be created and established a series of preferred stock of the Corporation designated as "Series A-1 Convertible Preferred Stock" (the "Preferred Shares"). The authorized number of Preferred Shares shall be 21,000 shares. Each Preferred Share shall have a par value of $0.01. Capitalized terms not defined herein shall have the meaning as set forth in Section 29 below.