Common use of Authorized and Outstanding Capital Stock Clause in Contracts

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 shares of Common Stock, of which, 12,305,144 shares are issued and outstanding and 22,350,246 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 shares of Preferred Stock, 1,127 of which have been designated Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 of which are issued and outstanding, respectively. No shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 100,000,000 shares of Common Stock, of which, 12,305,144 shares 37,173,406 are issued and outstanding and 22,350,246 26,888,803 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred SharesNotes) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 (x) 0 shares of Series A Preferred Stock, 1,127 of which have been designated Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 0 of which are issued and outstanding, respectively(y) 0 shares of Series A-1 Preferred Stock, 0 of which are issued and outstanding and (z) 1,800,000 shares of Series B Preferred Stock, 1,135,482 of which are issued and outstanding. No 0 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 250,000,000 shares of Common Stock, of which, 12,305,144 shares 66,858,608 are issued and outstanding and 22,350,246 37,399,278 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred SharesConvertible Notes and Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock Stock, and (B) 4,000,000 75,000,000 shares of Preferred Stock, 1,127 of which have been (I) 10,000 are designated Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 none of which are issued and outstanding, respectivelyand (II) 1,250,000 are designated Series B Preferred Stock, all of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 190,000,000 shares of Common Stock, of which, 12,305,144 14,880,741.7 are issued and 12,380,741.7 outstanding, and (B) 10,000,000 shares of preferred stock, 1,000,075 of which are issued and outstanding and 22,350,246 shares as follows: (i) 1,000,000 are reserved for issuance pursuant to Convertible Securities (designated as defined below) (other than the Preferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 shares of Preferred Stock, 1,127 of which have been designated Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 all of which are issued and outstanding, respectively(ii) 2,700 are designated as Series B Convertible Preferred Stock none of which are issued and outstanding, (ii) 25,000 are designated as Series C Convertible Preferred Stock 75 of which are issued and outstanding and (iii) 694,422 are designated as Series D Convertible Preferred Stock none of which are issued and outstanding. No 2,500,000 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 90,000,000 shares of Common Stock, of which, 12,305,144 shares 5,989,801 are issued and outstanding and 22,350,246 84,000 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred Shares, the Preferred Warrants and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 10,000,000 shares of Preferred Stockpreferred stock, 1,127 1,000,000 of which have been are designated as Series A Preferred Stock and 575 are issued and outstanding and 2,700 of which have been are designated as Series A-1 B Convertible Preferred Stock, 1,127 and 575 Stock 1,500 of which are issued and outstanding, respectively. No 2,500,000 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 125,000,000 shares of Common Stock, of which, 12,305,144 21,454,396 shares are issued and outstanding and 22,350,246 2,991,976 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 10,000,000 shares of Preferred Stock, 1,127 20,000 of which have been designated Series A Preferred Stock Stock, 6,304 of which are issued and 575 outstanding and 600 of which have been designated Series A-1 B Preferred Stock, 1,127 and 575 440 of which have been issued, 350 of which are issued outstanding and outstanding, respectively160 of which remain authorized but unissued. No shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 1,000,000,000 shares of Common Stock, of which, 12,305,144 shares 1,137,712 are issued and outstanding and 22,350,246 additional shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred Common Shares, the Warrant Shares and the Conversion Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock as disclosed on Schedule 3(r)(iii) and (B) 4,000,000 500,000,000 shares of Preferred Stock, 1,127 of which have been designated Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 2,187 shares of which are issued and outstandingoutstanding and are designated as Series C Convertible Preferred Stock, respectivelyand 233,333 shares of which are issued and outstanding and are designated as Series D Preferred Stock. No 24,078 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 250,000,000 shares of Common Stock, of which, 12,305,144 shares 91,153,943 are issued and outstanding and 22,350,246 25,256,163 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred SharesConvertible Notes) exercisable or exchangeable for, or convertible into, shares of Common Stock Stock, and (B) 4,000,000 75,000,000 shares of Preferred Stock, 1,127 of which have been (I) 10,000 are designated Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 none of which are issued and outstanding, respectivelyand (II) 1,250,000 are designated Series B Preferred Stock, all of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 755,000,000 shares of Common Stock, of which, 12,305,144 shares 233,328,554 are issued and outstanding and 22,350,246 186,612,227 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 (x) 170,000 shares of Series A Preferred Stock, 1,127 of which have been designated Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 none of which are issued and outstanding, respectively(y) 10,431 shares of Series C Preferred Stock, and 2,620 of which are issued and outstanding. No 604,757 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 175,000,000 shares of Common Stock, of which, 12,305,144 shares 44,092,965 are issued and outstanding (excluding the Common Shares) and 22,350,246 48,583,204 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 10,000,000 shares of Preferred Stock, 1,127 500,000 of which have been are designated as Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 all of which are issued and outstanding, respectively. No shares 4,000,000 of Common Stock which are held in the treasury designated as Series B Preferred Stock, 1,160,240 of the Companywhich are issued and outstanding, and 3,000,000 of which are designated as Series C Preferred Stock, 2,318,012 of which are issued and outstanding.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 190,000,000 shares of Common Stock, of which, 12,305,144 9,565,520 are issued and 7,065,520 outstanding, and (B) 10,000,000 shares of preferred stock, 1,000,075 of which are issued and outstanding and 22,350,246 shares as follows: (i) 1,000,000 are reserved for issuance pursuant to Convertible Securities (designated as defined below) (other than the Preferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 shares of Preferred Stock, 1,127 of which have been designated Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 all of which are issued and outstanding, respectively(ii) 2,700 are designated as Series B Convertible Preferred Stock none of which are issued and outstanding and (ii) 25,000 are designated as Series C Convertible Preferred Stock 75 of which are issued and outstanding. No 2,500,000 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 75,000,000 shares of Common Stock, of which, 12,305,144 shares 26,549,979 are issued and outstanding and 22,350,246 26,311,345 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred SharesNotes) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 (x) 0 shares of Series A Preferred Stock, 1,127 of which have been designated Series A Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 1,127 and 575 0 of which are issued and outstanding, respectively(y) 0 shares of Series A-1 Preferred Stock, 0 of which are issued and outstanding and (z) 1,800,000 shares of Series B Preferred Stock, 1,069,941 of which are issued and outstanding. No 0 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 150,000,000 shares of Common Stock, of which, 12,305,144 shares 5,707,675 are issued and outstanding (excluding the Common Shares) and 22,350,246 5,329,236 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than excluding the Preferred SharesWarrant Shares issuable upon exercise of the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 20,000,000 shares of Preferred Stock, 1,127 of which have been 277,100 are designated as Series A Preferred Stock and 575 of which have been designated Series A-1 Convertible Preferred Stock, 1,127 and 575 60,600 of which are issued and outstanding, respectively8,860 are designated as Series B Convertible Preferred Stock, 0 of which are issued and outstanding and 200,000 are designated as Series C Convertible Preferred Stock, 0 of which are issued and outstanding. No 0 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 125,000,000 shares of Common Stock, of which, 12,305,144 9,308,768 shares are issued and outstanding and 22,350,246 2,564,970 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 4,000,000 10,000,000 shares of Preferred Stock, 1,127 20,000 of which have been designated Series A Preferred Stock Stock, 6,304 of which are issued and 575 outstanding and 600 of which have not been designated Series A-1 B Preferred Stock, 1,127 and 575 220 of which are issued and outstanding, respectively. No shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, except as set forth on Schedule 3(r)(ii), the authorized capital stock of the Company consists of (A) 55,000,000 290,000,000 shares of Common Stock, of which, 12,305,144 shares 125,763,617 are issued and outstanding and 22,350,246 23,079,176 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Preferred SharesCommon Shares and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and Stock, (B) 4,000,000 13,500 shares of Series A Preferred Stock, 1,127 of which have been designated $0.001 par value (the “Series A Preferred Stock and 575 Stock”), none of which have been designated Series A-1 are issued and outstanding and (C) 4,986,500 shares of undesignated Preferred Stock, 1,127 and 575 none of which are issued and outstanding, respectively. No shares of Common Stock are held in the treasury of the Company.