Common use of Articles Supplementary Clause in Contracts

Articles Supplementary. The Articles Supplementary designating the rights and preferences of the Series A Preferred Stock (the “Articles Supplementary”) will be in full force and effect on or prior to the Closing Date and the Additional Closing Date, as the case may be, and have been or will be filed with the State Department of Assessment and Taxation of the State of Maryland (the “SDAT”) and will comply with applicable legal requirements; the terms of the Series A Preferred Stock will conform in all material respects to all statements relating thereto contained in the Registration Statement, the Disclosure Package and Prospectus and such description will conform in all material respects to the rights set forth in the Articles Supplementary. The Company has reserved for future issuance a sufficient number of Conversion Shares and the Conversion Shares when issued upon conversion and surrender of such Securities in accordance with the Articles Supplementary will be validly issued, fully paid and nonassessable, free and clear of any pledge, lien, encumbrance, security interest or other claim, and the issuance of such Common Stock by the Company is not subject to preemptive or other similar rights arising by operation of law, under the organizational documents of the Company or any subsidiary of the Company or under any agreement to which the Company or any subsidiary is a party or otherwise.

Articles Supplementary. The Articles Supplementary designating the rights and preferences of the Series A Preferred C Stock (the “Articles Supplementary”) will be in full force and effect on or prior to the Closing Time and any Option Closing Date and the Additional Closing Date, as the case may be, and have been or will be filed with the State Department of Assessment and Taxation of the State of Maryland (the “SDAT”) and will comply with applicable legal requirements; the terms of the Series A Preferred C Stock will conform in all material respects to all statements relating thereto contained in the Registration Statement, the Disclosure Package and Prospectus and such description will conform in all material respects to the rights set forth in the Articles Supplementary. The Company has reserved for future issuance a sufficient number of Conversion Common Shares to be issued upon conversion of the Securities then outstanding and the Conversion Common Shares when issued upon conversion and surrender of such Securities in accordance with the Articles Supplementary will be validly issued, fully paid and nonassessable, free and clear of any pledge, lien, encumbrance, security interest or other claim, and the issuance of such Common Stock common stock by the Company is not subject to preemptive or other similar rights arising by operation of law, under the organizational documents of the Company or any subsidiary of the Company (each, a “Subsidiary”) or under any agreement to which the Company or any subsidiary Subsidiary is a party or otherwise.

Articles Supplementary. The Articles Supplementary designating the rights and preferences of the Series A Preferred Stock (the “Articles Supplementary”) will be in full force and effect on or prior to the Closing Time and any Option Closing Date and the Additional Closing Date, as the case may be, and have been or will be filed with the State Department of Assessment and Taxation of the State of Maryland (the “SDAT”) and will comply with applicable legal requirements; the terms of the Series A Preferred Stock will conform in all material respects to all statements relating thereto contained in the Registration Statement, the Disclosure Package and Prospectus and such description will conform in all material respects to the rights set forth in the Articles Supplementary. The Company has reserved for future issuance a sufficient number of Conversion Common Shares to be issued upon conversion of the Securities then outstanding and the Conversion Shares common share when issued upon conversion and surrender of such Securities in accordance with the Articles Supplementary will be validly issued, fully paid and nonassessable, free and clear of any pledge, lien, encumbrance, security interest or other claim, and the issuance of such Common Stock common stock by the Company is not subject to preemptive or other similar rights arising by operation of law, under the organizational documents of the Company or any subsidiary of the Company (each, a “Subsidiary”) or under any agreement to which the Company or any subsidiary Subsidiary is a party or otherwise.

Articles Supplementary. The Articles Supplementary designating the rights and preferences of the Series A D Preferred Stock (the “Articles Supplementary”) will be in full force and effect on or prior to the Closing Date and the Additional any Option Closing Date, as the case may be, Date and have been or will be filed with the State Department of Assessment and Taxation of the State of Maryland (the “SDAT”) and will comply with applicable legal requirements; the terms of the Series A D Preferred Stock will conform in all material respects to all statements relating thereto contained in the Registration Statement, the Disclosure Package and Prospectus and such description will conform in all material respects to the rights set forth in the Articles Supplementary. The Company has reserved for future issuance a sufficient number of Conversion Shares and the Conversion Shares when issued upon conversion and surrender of such Securities in accordance with the Articles Supplementary will be validly issued, fully paid and nonassessable, free and clear of any pledge, lien, encumbrance, security interest or other claim, and the issuance of such Common Stock by the Company is not subject to preemptive or other similar rights arising by operation of law, under the organizational documents of the Company or any subsidiary of the Company or under any agreement to which the Company or any subsidiary is a party or otherwise.

Articles Supplementary. The Articles Supplementary designating the rights and preferences of the Series A F Preferred Stock (the “Articles Supplementary”) will be in full force and effect on or prior to the Closing Date and the Additional any Option Closing Date, as the case may be, Date and have been or will be filed with the State Department of Assessment and Taxation of the State of Maryland (the “SDAT”) and will comply with applicable legal requirements; the terms of the Series A F Preferred Stock will conform in all material respects to all statements relating thereto contained in the Registration Statement, the Disclosure Package and Prospectus and such description will conform in all material respects to the rights set forth in the Articles Supplementary. The Company has reserved for future issuance a sufficient number of Conversion Shares and the Conversion Shares when issued upon conversion and surrender of such Securities in accordance with the Articles Supplementary will be validly issued, fully paid and nonassessable, free and clear of any pledge, lien, encumbrance, security interest or other claim, and the issuance of such Common Stock by the Company is not subject to preemptive or other similar rights arising by operation of law, under the organizational documents of the Company or any subsidiary of the Company or under any agreement to which the Company or any subsidiary is a party or otherwise.

Articles Supplementary. The Articles Supplementary designating the rights and preferences of the Series A E Preferred Stock (the “Articles Supplementary”) will be in full force and effect on or prior to the Closing Date and the Additional any Option Closing Date, as the case may be, Date and have been or will be filed with the State Department of Assessment and Taxation of the State of Maryland (the “SDAT”) and will comply with applicable legal requirements; the terms of the Series A E Preferred Stock will conform in all material respects to all statements relating thereto contained in the Registration Statement, the Disclosure Package and Prospectus and such description will conform in all material respects to the rights set forth in the Articles Supplementary. The Company has reserved for future issuance a sufficient number of Conversion Shares and the Conversion Shares when issued upon conversion and surrender of such Securities in accordance with the Articles Supplementary will be validly issued, fully paid and nonassessable, free and clear of any pledge, lien, encumbrance, security interest or other claim, and the issuance of such Common Stock by the Company is not subject to preemptive or other similar rights arising by operation of law, under the organizational documents of the Company or any subsidiary of the Company or under any agreement to which the Company or any subsidiary is a party or otherwise.