Common use of Capitalization; Voting Rights Clause in Contracts

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof consists of 175,000,000 shares, of which 170,000,000 are shares of Common Stock, par value $0.0001 per share, 48,766,494 shares of which are issued and outstanding, and 5,000,000 are shares of preferred stock, par value $0.01 per share, of which 100,000 shares have been designated Series A Convertible Preferred Stock, 35,557 of which shares are issued and outstanding, and 1,000,000 shares have been designated Series B Convertible Preferred Stock, all of which shares are issued and outstanding. The authorized capital stock of each Subsidiary of the Company is set forth on Schedule 3.3.

Capitalization; Voting Rights. (ai) The authorized capital stock of the CompanyParent, as of the date hereof consists of 175,000,000 shares, of which 170,000,000 are 1,000,000 shares of Common Stock, par value $0.0001 per share, 48,766,494 shares of which 29,172,635 are issued and outstanding[, and 5,000,000 are 10,000,000 shares of preferred stock, par value $0.01 0.001 per share, of which 100,000 shares have been designated Series A Convertible Preferred Stock, 35,557 of which 248,460 shares are issued and outstanding, and 1,000,000 shares have been designated outstanding as Series B Convertible C Preferred Stock, all of which par value $0.001 per share, and 4,884 shares are issued and outstanding as Series D-1 Preferred Stock, par value $0.001 per share are issued and outstanding]. The authorized authorized, issued and outstanding capital stock of each Subsidiary of the each Company is set forth on Schedule 3.312(c).

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof consists of 175,000,000 110,000,000 shares, of which 170,000,000 100,000,000 are shares of Common Stock, par value $0.0001 0.001 per share, 48,766,494 shares of which are issued share and outstanding, and 5,000,000 10,000,000 are shares of preferred stockPreferred Stock, par value $0.01 0.001 per share. Of such shares of Preferred Stock, of which 100,000 4,000,000 shares have been are designated Series A Cumulative Convertible Preferred Stock, 35,557 of which 4,000,000 shares are issued and outstanding, and 1,000,000 shares have been designated Series B Cumulative Convertible Preferred Stock, all of which and 1,0000,000 shares are issued and outstandingdesignated Series C Cumulative Convertible Preferred Stock. The authorized capital stock of each Subsidiary of the Company is set forth on Schedule 3.34.2.

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof consists of 175,000,000 85,000,000 shares, of which 170,000,000 80,000,000 are shares of Common Stock, par value $0.0001 0.01 per share, 48,766,494 47,594,823 shares of which are issued and outstanding, and 5,000,000 are shares of preferred stock, par value $0.01 per share, share of which 100,000 11,778 shares have been designated of Series A Convertible Preferred StockG preferred stock ($10 stated value), 35,557 579,765 shares of which Series I preferred stock ($10 stated value) and 708.8 shares are issued and outstanding, and 1,000,000 shares have been designated of Series B Convertible Preferred Stock, all of which shares J preferred stock ($1000 stated value) are issued and outstanding. The authorized authorized, issued and outstanding capital stock of each Subsidiary of the Company is set forth on Schedule 3.34.3.

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof hereof, consists of 175,000,000 shares, of which 170,000,000 are of: (i) 45,000,000 shares of Common Stock, par value $0.0001 per share, 48,766,494 shares of which there are 7,245,863 shares issued and 7,145,863 shares are issued and outstanding, and (ii) 5,000,000 are shares of preferred stock, par value $0.01 per share.001, of which 100,000 shares have been which: (A) 1,647,059 are designated as Series A Convertible Preferred Stock, 35,557 of which shares are issued and outstanding, and 1,000,000 shares have been designated Series B Convertible Preferred Stock, all of which shares are issued and outstanding and (B) 941,177 are designated as Series B Convertible Preferred Stock, of which 341,176 are issued and outstanding. The authorized and outstanding capital stock of each Subsidiary of the Company is set forth on Schedule 3.34.3.

Capitalization; Voting Rights. (ai) The authorized capital stock of the CompanyParent, as of the date hereof consists of 175,000,000 205,000,000 shares, of which 170,000,000 200,000,000 are shares of Common Stock, par value $0.0001 .001 per share, 48,766,494 13,326,810 shares of which are issued and outstanding, and 5,000,000 are shares of preferred stock, of which 2,500,000 have been designated as Series A, par value $0.01 .001 per share, share of which 100,000 shares have been designated Series A Convertible Preferred Stock, 35,557 of which shares are issued and outstanding, and 1,000,000 shares have been designated Series B Convertible Preferred Stock, all of which 2,466,971 shares are issued and outstanding. The authorized remaining 2,500,000 shares of preferred stock have not been designated. The authorized, issued and outstanding capital stock of each Subsidiary of the each Company is set forth on Schedule 3.3SCHEDULE 12(c).

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof consists of 175,000,000 35,000,000 shares, of which 170,000,000 30,000,000 are shares of Common Stock, par value $0.0001 0.01 per share, 48,766,494 13,310,622 shares of which are were issued and outstandingoutstanding on January 25, 2005, and 5,000,000 are shares of preferred stock, par value $0.01 per share, share of which 100,000 1,550,000 shares have been are designated as Series A Convertible Preferred Stock, 35,557 convertible preferred stock all of which shares are issued and outstanding, ) and 1,000,000 1,666,667 shares have been are designated Series B Convertible Preferred Stock, all convertible preferred stock (no shares of which shares are issued and outstanding). The authorized capital stock of each Subsidiary of the Company is set forth on Schedule 3.34.3.

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof hereof, consists of 175,000,000 shares, of which 170,000,000 are of: (i) 45,000,000 shares of Common Stock, par value $0.0001 per share, 48,766,494 shares of which there are 7,304,687 shares issued and 7,269,197 shares are issued and outstanding, and (ii) 5,000,000 are shares of preferred stock, par value $0.01 per share.001, of which 100,000 shares have been which: (A) 1,647,059 are designated as Series A Convertible Preferred Stock, 35,557 of which shares are issued and outstanding, and 1,000,000 shares have been designated Series B Convertible Preferred Stock, all of which shares are issued and outstanding and (B) 941,177 are designated as Series B Convertible Preferred Stock, of which 341,176 are issued and outstanding. The authorized and outstanding capital stock of each Subsidiary of the Company is set forth on Schedule 3.34.3.

Capitalization; Voting Rights. (ai) The authorized capital stock of the CompanyParent, as of the date hereof consists of 175,000,000 110,000,000 shares, of which 170,000,000 100,000,000 are shares of Common Stock, par value $0.0001 0.01 per share, 48,766,494 25,492,713 shares of which are issued and outstanding, and 5,000,000 10,000,000 are shares of preferred stock, par value $0.01 .001 per share. Additionally, 10,000 shares of which 100,000 shares such preferred stock have been designated as 6% Series A Convertible Preferred Stock, 35,557 Stock of which shares are issued and outstanding, and 1,000,000 shares have been designated Series B Convertible Preferred Stock, all 5,000 of which such shares are issued and outstanding. The authorized authorized, issued and outstanding capital stock of each Eligible Subsidiary of the each Company is set forth on Schedule 3.312(c).

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof consists of 175,000,000 35,000,000 shares, of which 170,000,000 30,000,000 are shares of Common Stock, par value $0.0001 0.01 per share, 48,766,494 13,061,721 shares of which are were issued and outstandingoutstanding on May 20, 2004 , and 5,000,000 are shares of preferred stock, par value $0.01 per share, share of which 100,000 1,550,000 shares have been are designated as Series A Convertible Preferred Stock, 35,557 convertible preferred stock all of which shares are issued and outstanding, ) and 1,000,000 1,666,667 shares have been are designated Series B Convertible Preferred Stock, all convertible preferred stock (33,666.66 shares of which shares are issued and outstanding). The authorized capital stock of each Subsidiary of the Company is set forth on Schedule 3.34.3.

Capitalization; Voting Rights. (ai) The authorized capital stock of the CompanyParent, as of the date hereof consists of 175,000,000 205,000,000 shares, of which 170,000,000 200,000,000 are shares of Common Stock, par value $0.0001 .001 per share, 48,766,494 12,887,226 shares of which are issued and outstanding, 1,433,639 shares of which are held in the treasury and 5,000,000 are shares of preferred stock, of which 2,500,000 have been designated as Series A, par value $0.01 .001 per share, share of which 100,000 shares have been designated Series A Convertible Preferred Stock, 35,557 of which shares are issued and outstanding, and 1,000,000 shares have been designated Series B Convertible Preferred Stock, all of which 2,466,971 shares are issued and outstanding. The authorized remaining 2,500,000 shares of preferred stock have not been designated. The authorized, issued and outstanding capital stock of each Subsidiary of the each Company is set forth on Schedule 3.3SCHEDULE 12(c).

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof consists of 175,000,000 25,000,000 shares, of which 170,000,000 20,000,000 are shares of Common Stock, par value $0.0001 0.01 per share, 48,766,494 share,7,637,000 shares of which are issued and outstanding, and 5,000,000 are shares of preferred stock, par value $0.01 .01 per share, share of which 100,000 shares have been designated Series A Convertible Preferred Stock, 35,557 of which 1,000,925 shares are issued and outstanding, and 1,000,000 shares have been designated Series B Convertible Preferred Stock, all of which shares are issued and outstanding. The authorized capital stock of each Subsidiary the Subsidiary, as of the Company is set forth on Schedule 3.3date hereof consists of 200 shares, of which 200 are shares of Common Stock, no par value per share, 100 shares of which are issued and outstanding, and no shares of preferred stock.

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof consists of 175,000,000 shares45,000,000 shares of common stock par value $0.01, of which 170,000,000 13,879,565 are issued and outstanding and 5,000,000 shares of Common preferred stock no par value, of which 15,000 are designated as Series A 8% Convertible Preferred Stock, par value $0.0001 per sharenone of which are issued and outstanding, 48,766,494 10,000 shares are designated as Series B 8% Convertible Preferred Stock, 29 shares of which are issued and outstanding, and 5,000,000 10,000 shares are shares of preferred stock, par value $0.01 per share, of which 100,000 shares have been designated as Series A C 9% Convertible Preferred Stock, 35,557 none of which shares are issued and outstanding, and 1,000,000 shares have been designated Series B Convertible Preferred Stock, all of which shares are issued and outstanding. The authorized capital stock of each active Subsidiary of the Company is set forth on Schedule 3.34.3.

Capitalization; Voting Rights. (a) The authorized capital stock of the Company, as of the date hereof consists of 175,000,000 shares, of which 170,000,000 are shares of Common Stock, par value $0.0001 per share, 48,766,494 shares of which are issued and outstanding, and 5,000,000 are shares of preferred stock, par value $0.01 0.0001 per share, 100,000 shares of which 100,000 shares have been designated Series A Convertible Preferred Stock, 35,557 of which shares are issued and outstanding, and ; 1,000,000 shares of which have been designated Series B Convertible Preferred Stock, all of which shares are issued and outstanding; and 600,000 shares of which have been designated Series C Convertible Preferred Stock, none of which shares are issued and outstanding. The authorized capital stock of each Subsidiary of the Company is set forth on Schedule 3.3.