Common use of Authorized and Outstanding Capital Stock Clause in Contracts

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 are issued and outstanding and 88,035,204 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding, 5,000 shares have been designated as Series B-1 Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 32,666,241 are issued and outstanding and 88,035,204 141,020,795 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the WarrantsNote) exercisable or exchangeable for, or convertible into, shares of Common Stock and Stock, (B) 5,000,000 25,000,000 shares of Preferred Stock Class B Common Stock, of which 1,000 which, none is issued and outstanding and none is reserved for issuance pursuant to Convertible Securities exercisable or exchangeable for, or convertible into, shares have been designated as of Class B Common Stock, and (C) (I) 1,000,000 shares of Series A Cumulative Redeemable Preferred Stock, none 7,040 of which are issued and outstanding, 5,000 (II) 50,000 shares have been designated as of Series B-1 C Convertible Preferred Stock, none 44,000 of which are issued and outstanding, (III) 2,000,000 shares of Series D Cumulative Redeemable Perpetual Preferred Stock, 323,835 of which are issued and outstanding, and 5,000 (IV) 21,950,000 shares have been designated as Series B-2 of undesignated Preferred Stock, 5,000 none of which are is issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries).

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 which 4,060,209 are issued and outstanding and 88,035,204 160,514,568 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 shares of Preferred Stock of which 1,000 1,000,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding, 5,000 shares have been designated as Series B-1 Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 none of which are issued and outstanding, 1,700 shares have been designated as Series C Preferred Stock, none of which are issued and outstanding, and 70 shares have been designated as Series D Non-Convertible Preferred Stock, none of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 189,961,346 are issued and outstanding and 88,035,204 approximately 3.89 billion shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding, 5,000 shares have been designated as Series B-1 Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 of which are issued and outstanding, 70 shares have been designated as Series D Preferred Stock, 70 of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 150,000,000 shares of Common Stock, of which, 167,783,009 10,352,018 are issued and outstanding as of the date hereof and 88,035,204 2,595,122 shares of Common Stock are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) ), in each case exercisable or exchangeable for, or convertible into, shares of Common Stock Stock, and (B) 5,000,000 shares of Preferred Stock Stock, of which 1,000 shares (i) 400,000 have been designated as Series A Preferred Stock, none Stock of which none are issued and outstanding; and, (ii) 100,000 have been designated as Series B Preferred Stock of which none are issued and outstanding, 5,000 shares (iii) one (1) has been designated as Special Voting Preferred Stock of which one (1) is issued and outstandingly and (iv) 3,422 have been designated as Series B-1 C Preferred Stock, none Stock of which are issued and outstanding, and 5,000 3,422 shares have been designated as Series B-2 Preferred Stock, 5,000 of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 as of __________, _________ are issued and outstanding and 88,035,204 approximately _________ shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding, 5,000 shares have been designated as Series B-1 Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 of which are issued and outstanding, 70 shares have been designated as Series D Preferred Stock, 70 of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 162,500,425 are issued and outstanding and 88,035,204 18,748,382 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding, 5,000 shares have been designated as Series B-1 Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 all of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 170,123,337 are issued and outstanding and 88,035,204 approximately 1.58 billion shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding, 5,000 shares have been designated as Series B-1 Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 of which are issued and outstanding, 70 shares have been designated as Series D Preferred Stock, 70 of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 400,000,000 shares of Common Stock, of which, 167,783,009 which 257,835,259 are issued and outstanding and 88,035,204 26,650,015 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes Notes, the Warrants, the Company securities set forth on Schedule 3(s)(i), and the WarrantsSeries C Preferred Stock (as defined below)) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 100,000,000 shares of Preferred Stock preferred stock, par value $0.01 per share, of which 1,000 8,000,000 shares have been are designated as Series A C convertible preferred stock (the “Series C Preferred Stock”), none of which are issued and outstanding, 5,000 6,123,782 shares have been designated as of Series B-1 C Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 of which Stock are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 154,598,285 are issued and outstanding and 88,035,204 2,095,207,603 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding, 5,000 shares have been designated as Series B-1 Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 of which are issued and outstanding, 70 shares have been designated as Series D Preferred Stock, 70 of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 3,000,000,000 shares of Common Stock, of which, 167,783,009 which 5,560,210 are issued and outstanding and 88,035,204 172,995,810 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 shares of Preferred Stock of which 1,000 1,000,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding, 5,000 shares have been designated as Series B-1 Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 none of which are issued and outstanding, 1,700 shares have been designated as Series C Preferred Stock, none of which are issued and outstanding, 70 shares have been designated as Series D Non-Convertible Preferred Stock, none of which are issued and outstanding, and 2,300 shares have been designated as Series E-1 Preferred Stock, 1,800 of which are outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 121,222,615 are issued and outstanding and 88,035,204 622,719,024 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the WarrantsNotes) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none of which are issued and outstanding, 5,000 shares have been designated as Series B-1 Preferred Stock, none of which are issued and outstanding, and 5,000 shares have been designated as Series B-2 Preferred Stock, 5,000 of which are issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 100,000,000 shares of Common Stock, of which, 167,783,009 43,848,066 are issued and outstanding and 88,035,204 11,585,195 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 5,000,000 (I) 1,200 shares of Preferred Stock of which 1,000 shares have been designated as Series A Preferred Stock, none 882 of which are issued and outstanding, 5,000 (II) 12,000 shares have been designated as of Series B-1 B Preferred Stock, none 8,637.5 of which are issued and outstanding, and 5,000 (III) 2,500 shares have been designated as of Series B-2 C Preferred Stock, 5,000 1,362.5 of which are issued and outstanding and (IV) 4,984,300 shares of undesignated Preferred Stock, none of which is issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 500,000,000 shares of Common Stock, of which, 167,783,009 29,616,911 are issued and outstanding and 88,035,204 213,358,847 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and the WarrantsNotes) exercisable or exchangeable for, or convertible into, shares of Common Stock and Stock, (B) 5,000,000 25,000,000 shares of Preferred Stock Class B Common Stock, of which 1,000 which, none is issued and outstanding and none is reserved for issuance pursuant to Convertible Securities exercisable or exchangeable for, or convertible into, shares have been designated as of Class B Common Stock, and (C) (I) 1,000,000 shares of Series A Cumulative Redeemable Preferred Stock, none 7,040 of which are issued and outstanding, 5,000 (II) 50,000 shares have been designated as of Series B-1 C Convertible Preferred Stock, none 41,500 of which are issued and outstanding, (III) 2,000,000 shares of Series D Cumulative Redeemable Perpetual Preferred Stock, 425,197 of which are issued and outstanding, and 5,000 (IV) 21,950,000 shares have been designated as Series B-2 of undesignated Preferred Stock, 5,000 none of which are is issued and outstanding. No shares of Common Stock are held in the treasury of the Company. “Convertible Securities” means any capital stock or other security of the Company or any of its Subsidiaries that is at any time and under any circumstances directly or indirectly convertible into, exercisable or exchangeable for, or which otherwise entitles the holder thereof to acquire, any capital stock or other security of the Company (including, without limitation, Common Stock) or any of its Subsidiaries).