Common use of Authorized and Issued Capital Stock Clause in Contracts

Authorized and Issued Capital Stock. (a) As of September 30, 2000, the authorized capital stock of the Company consists of (i) 150,000,000 shares of Common Stock, of which 27,873,457 shares were issued and outstanding, and (ii) 10,000,000 shares of preferred stock, par value $0.01 per share, of which no shares are issued and outstanding. Holders of the shares of Common Stock have certain rights pursuant to the terms of a Rights Agreement, dated as of December 3, 1998, between the Company and Registrar and Transfer Company, as rights agent. All of the outstanding shares of Common Stock were validly issued and are fully paid and non-assessable shares.

Authorized and Issued Capital Stock. (a) As of September 30, 20001999, the authorized capital stock of the Company consists of (i) 150,000,000 70,000,000 shares of Common Stock, of which 27,873,457 24,550,894 shares were issued and outstanding, and (ii) 10,000,000 5,000,000 shares of preferred stock, $.01 par value $0.01 per share, of which no shares are issued and outstanding. Holders of the The shares of Common Stock have certain rights pursuant to the terms of a Rights Agreement, dated as of December 3, 1998, between the Company and Registrar and Transfer Company, as rights agent. All of the outstanding shares of Common Stock were validly issued and are fully paid and non-assessable shares.

Authorized and Issued Capital Stock. (a) As of September 30June 10, 20001999, the authorized capital stock of the Company consists of (i) 150,000,000 30,000,000 shares of Common Stock, of which 27,873,457 9,909,416 shares were issued and are outstanding, and (ii) 10,000,000 5,000,000 shares of preferred stock, $.01 par value $0.01 per share, of which no 300,000 shares are issued and outstanding. Holders of the shares of Common Stock have certain rights pursuant to been designated "Series A Junior Preferred Stock" for potential issuance under the terms of a the Amended and Restated Rights Agreement, dated as of December 3, 1998, between the Company and Registrar and American Stock Transfer & Trust Company, as rights agent, and no shares are issued and outstanding as of the date hereof. All of the outstanding shares of Common Stock were validly issued and are fully paid and non-assessable shares.