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) 150,000,000 shares of Common Stock, of which, 10,210,337 are issued and outstanding (excluding the Common Shares) and 10,778,059 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding the Warrant Shares issuable upon exercise of the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 shares of Preferred Stock, 277,100 are designated as Series A Convertible Preferred Stock, 60,600 of which are issued and outstanding, 8,860 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. 0 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereofEffective Date, the authorized capital stock of the Company consists of (A) 150,000,000 500,000,000 shares of Common Stock, of which, 10,210,337 which 1,967,829 are issued and outstanding (excluding the Common Shares) and 10,778,059 shares 1,819,667 are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding other than the Warrant Shares issuable upon exercise of Note and the WarrantsWarrant) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 25,000,000 shares of Preferred Stock, 277,100 of which 2,000,000 shares are designated as the Series A 10% Convertible Preferred Stock, 60,600 of which 0 shares are issued and outstanding, 8,860 10,000,000 shares are designated as Series B 8% Convertible Preferred Stock, 0 of which 0 shares are issued outstanding, and outstanding and 200,000 10,000,000 shares are designated as the Series C 8% Convertible Preferred Stock, 0 of which 9,281,809shares are issued and outstanding. 0 No shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereofEffective Date, the authorized capital stock of the Company consists of (A) 150,000,000 500,000,000 shares of Common Stock, of which, 10,210,337 which 1,967,829 are issued and outstanding (excluding the Common Shares) and 10,778,059 shares 1,819,667 are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding other than the Warrant Shares issuable upon exercise of Notes and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 25,000,000 shares of Preferred Stock, 277,100 of which 2,000,000 shares are designated as the Series A 10% Convertible Preferred Stock, 60,600 of which 0 shares are issued and outstanding, 8,860 10,000,000 shares are designated as Series B 8% Convertible Preferred Stock, 0 of which 0 shares are issued outstanding, and outstanding and 200,000 10,000,000 shares are designated as the Series C 8% Convertible Preferred Stock, 0 of which 9,281,809 shares are issued and outstanding. 0 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) 150,000,000 55,000,000 shares of Common Stock, of which, 10,210,337 12,305,144 shares are issued and outstanding (excluding the Common Shares) and 10,778,059 22,350,246 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding other than the Warrant Shares issuable upon exercise of the WarrantsPreferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 4,000,000 shares of Preferred Stock, 277,100 are 1,127 of which have been designated as Series A Convertible Preferred Stock and 575 of which have been designated Series A-1 Preferred Stock, 60,600 1,127 and 575 of which are issued and outstanding, 8,860 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 outstandingrespectively. 0 No shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 150,000,000 90,000,000 shares of Common Stock, of which, 10,210,337 5,989,801 are issued and outstanding (excluding the Common Shares) and 10,778,059 84,000 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding other than the Warrant Shares issuable upon exercise of Preferred Shares, the Preferred Warrants and the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 10,000,000 shares of Preferred Stockpreferred stock, 277,100 1,000,000 of which are designated as Series A Convertible Preferred Stock, 60,600 of which Stock and are issued and outstanding, 8,860 outstanding and 2,700 of which 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 Stock 1,500 of which are issued and outstanding. 0 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, the authorized capital stock of the Company consists of (A) 150,000,000 125,000,000 shares of Common Stock, of which, 10,210,337 9,308,768 shares are issued and outstanding (excluding the Common Shares) and 10,778,059 2,564,970 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding other than the Warrant Shares issuable upon exercise of the WarrantsPreferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 10,000,000 shares of Preferred Stock, 277,100 are 20,000 of which have been designated as Series A Convertible Preferred Stock, 60,600 of which are issued and outstanding, 8,860 are designated as Series B Convertible Preferred Stock, 0 6,304 of which are issued and outstanding and 200,000 are 600 of which have not been designated as Series C Convertible B Preferred Stock, 0 220 of which are issued and outstanding. 0 No shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 150,000,000 190,000,000 shares of Common Stock, of which, 10,210,337 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 as follows: (excluding the Common Sharesi) and 10,778,059 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding the Warrant Shares issuable upon exercise of the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 shares of Preferred Stock, 277,100 1,000,000 are designated as Series A Convertible Preferred Stock, 60,600 Stock all of which are issued and outstanding, 8,860 (ii) 2,700 are designated as Series B Convertible Preferred StockStock none of which are issued and outstanding, 0 (ii) 25,000 are designated as Series C Convertible Preferred Stock 75 of which are issued and outstanding and 200,000 (iii) 694,422 are designated as Series C D Convertible Preferred Stock, 0 Stock none of which are issued and outstanding. 0 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, the authorized capital stock of the Company consists of (A) 150,000,000 1,000,000,000 shares of Common Stock, of which, 10,210,337 1,137,712 are issued and outstanding (excluding the Common Shares) and 10,778,059 additional shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding other than the Common Shares, the Warrant Shares issuable upon exercise of and the WarrantsConversion Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock as disclosed on Schedule 3(r)(iii) and (B) 20,000,000 500,000,000 shares of Preferred Stock, 277,100 are designated as Series A Convertible Preferred Stock, 60,600 of which are issued and outstanding, 8,860 are designated as Series B Convertible Preferred Stock, 0 2,187 shares of which are issued and outstanding and 200,000 are designated as Series C Convertible Preferred Stock, 0 and 233,333 shares of which are issued and outstandingoutstanding and are designated as Series D Preferred Stock. 0 24,078 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 150,000,000 75,000,000 shares of Common Stock, of which, 10,210,337 26,549,979 are issued and outstanding (excluding the Common Shares) and 10,778,059 26,311,345 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding other than the Warrant Shares issuable upon exercise of the WarrantsNotes) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 (x) 0 shares of Series A Preferred Stock, 277,100 are designated as Series A Convertible Preferred Stock, 60,600 0 of which are issued and outstanding, 8,860 are designated as (y) 0 shares of Series B Convertible A-1 Preferred Stock, 0 of which are issued and outstanding and 200,000 are designated as (z) 1,800,000 shares of Series C Convertible B Preferred Stock, 0 1,069,941 of which are issued and outstanding. 0 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 150,000,000 125,000,000 shares of Common Stock, of which, 10,210,337 21,454,396 shares are issued and outstanding (excluding the Common Shares) and 10,778,059 2,991,976 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding other than the Warrant Shares issuable upon exercise of the WarrantsPreferred Shares) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 10,000,000 shares of Preferred Stock, 277,100 are 20,000 of which have been designated as Series A Convertible Preferred Stock, 60,600 of which are issued and outstanding, 8,860 are designated as Series B Convertible Preferred Stock, 0 6,304 of which are issued and outstanding and 200,000 are 600 of which have been designated as Series C Convertible B Preferred Stock, 0 440 of which have been issued, 350 of which are issued outstanding and outstanding160 of which remain authorized but unissued. 0 No shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 150,000,000 shares of Common Stock, of which, 10,210,337 11,011,087 are issued and outstanding (excluding the Common Shares) and 10,778,059 11,836,243 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding the Warrant Shares issuable upon exercise of the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 shares of Preferred Stock, 277,100 are designated as Series A Convertible Preferred Stock, 60,600 of which are issued and outstanding, 8,860 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. 0 shares of Common Stock are held in the treasury of the Company.

Authorized and Outstanding Capital Stock. As of the date hereof, the authorized capital stock of the Company consists of (A) 150,000,000 100,000,000 shares of Common Stock, of which, 10,210,337 37,173,406 are issued and outstanding (excluding the Common Shares) and 10,778,059 26,888,803 shares are reserved for issuance pursuant to Convertible Securities (as defined below) (excluding other than the Warrant Shares issuable upon exercise of the WarrantsNotes) exercisable or exchangeable for, or convertible into, shares of Common Stock and (B) 20,000,000 (x) 0 shares of Series A Preferred Stock, 277,100 are designated as Series A Convertible Preferred Stock, 60,600 0 of which are issued and outstanding, 8,860 are designated as (y) 0 shares of Series B Convertible A-1 Preferred Stock, 0 of which are issued and outstanding and 200,000 are designated as (z) 1,800,000 shares of Series C Convertible B Preferred Stock, 0 1,135,482 of which are issued and outstanding. 0 shares of Common Stock are held in the treasury of the Company.