Common use of Authorized and Outstanding Capitalization Clause in Contracts

Authorized and Outstanding Capitalization. The authorized capital stock of the Company consists of 75,000,000 shares of Company Common Stock and 10,000,000 shares of undesignated capital stock, $0.01 par value per share (“Undesignated Stock”). As of April 25, 2005, (i) 27,596,601 shares of Company Common Stock were issued and outstanding, (ii) no shares of Company Common Stock were held in the treasury of the Company and no shares of Company Common Stock are held by Subsidiaries of the Company, and (iii) no shares of the Undesignated Stock were issued and outstanding. No issued and outstanding shares of Company Common Stock are subject to a repurchase or redemption right or right of first refusal or condition of forfeiture in favor of the Company.

Authorized and Outstanding Capitalization. The authorized capital stock of the Company consists of 75,000,000 50,000,000 shares of Company Common Stock Stock, $0.0066 par value, and 10,000,000 1,000,000 shares of undesignated capital stockCompany Preferred Stock, $0.01 1.00 par value per share (“Undesignated Stock”)value. As of April 25August 31, 20052010, (i) 27,596,601 18,536,718 shares of Company Common Stock were issued and outstanding, (ii) no shares of Company Common Stock were held in the treasury of the Company and Company, (iii) no shares of Company Common Stock are held by Subsidiaries of the Company, Company and (iiiiv) no shares of the Undesignated Company Preferred Stock were issued and outstanding. No issued and outstanding shares of Company Common Stock are subject to a repurchase or redemption right or right of first refusal or condition of forfeiture in favor of the Company.