Common use of Authorized, Issued and Outstanding Capital Stock Clause in Contracts

Authorized, Issued and Outstanding Capital Stock. The authorized capital stock of the Company consists solely of seventy five million (75,000,000) shares of which (i) fifty million (50,000,000) shares are Common Stock and (ii) twenty-five million (25,000,000) shares are Preferred Stock, of which (A) six million six hundred and seventy-one thousand six hundred and nineteen (6,671,619) shares have been designated as Series A Preferred Stock, (B) ten million four hundred and ninety-seven thousand and twenty-six (10,497,026) shares have been designated as Series B Preferred Stock and (C) two million five hundred thousand (2,500,000) shares have been designated Series C Preferred Stock. As of the date of this Agreement, there are issued and outstanding seventeen million five hundred and thirty-four thousand two hundred and fifteen (17,534,215) shares of Common Stock, six million six hundred and seventy-one thousand six hundred and nineteen (6,671,619) shares of Series A Preferred Stock, ten million four hundred and thirteen thousand six hundred and ninety-three (10,413,693) shares of Series B Preferred Stock and nine hundred and seventy-three thousand and one (973,001) shares of Series C Preferred Stock. The Company has no other capital stock authorized, issued or outstanding. Schedule 4.2.1 of the Company Disclosure Schedule sets forth the name of each holder of shares of Company Stock, as well as the number of shares of Common Stock and Preferred Stock held by each such holder. Shareholders holding 52.78% of the outstanding Company Stock on the date hereof (calculated on an as-converted, as-exercised to Common Stock basis) have executed the Voting Agreement covering such shares of Company Stock.

Authorized, Issued and Outstanding Capital Stock. The authorized capital stock of the Company consists solely of seventy five million Forty-One Million One Hundred Ninety-Nine Thousand Nine Hundred and Thirty (75,000,00041,199,930) shares shares, without par value, of which (i) fifty million Thirty-Six Million (50,000,00036,000,000) shares are Company Common Stock and (ii) twentyFive Million One Hundred Ninety-five million Nine Thousand Nine Hundred Thirty (25,000,0005,199,930) shares are Company Preferred Stock, of which (Ax) six million six hundred and seventyOne Million Eight Thousand Three Hundred Thirty-one thousand six hundred and nineteen Four (6,671,6191,008,334) shares have been designated as Series A Preferred Stock, (By) ten million four hundred and ninety-seven thousand and twenty-six One Million Nine Hundred Thirty Five Thousand Two Hundred Sixty Nine (10,497,0261,935,269) shares have been designated as Series B Preferred Stock and (Cz) two million five hundred thousand Two Million Two Hundred Thousand (2,500,0002,200,000) shares have been designated as Series C Preferred Stock. As of the date of this Agreement, there are issued and outstanding seventeen million five hundred and thirty-four thousand two hundred and fifteen (17,534,215) 6,662,535 shares of Company Common Stock, six million six hundred and seventy-one thousand six hundred and nineteen (6,671,619) 1,008,334 shares of Series A Preferred Stock, ten million four hundred and thirteen thousand six hundred and ninety-three (10,413,693) 1,935,269 shares of Series B Preferred Stock and nine hundred and seventy-three thousand and one (973,001) 2,017,210 shares of Series C Preferred Stock. The Company has no other capital stock authorized, issued or outstanding. Schedule 4.2.1 Section 5.2(a) of the Company Disclosure Schedule sets forth the name of each holder of shares of Company Capital Stock, as well as the number of shares of Company Common Stock and Company Preferred Stock held by each such holder. Shareholders holding 52.78% of the There are no accrued or unpaid dividends with respect to any issued and outstanding Company Stock on the date hereof (calculated on an as-converted, as-exercised to Common Stock basis) have executed the Voting Agreement covering such shares of Company Common Stock or Company Preferred Stock.

Authorized, Issued and Outstanding Capital Stock. The authorized capital stock of the Company consists solely of seventy five million Fifty-Six Million One Hundred Forty-Four Thousand One Hundred and Forty-Eight (75,000,00056,144,148) shares shares, without par value, of which (i) fifty million Forty-Two Million (50,000,00042,000,000) shares are Common Stock and (ii) twentyFourteen Million One Hundred Forty-five million Four Thousand One Hundred and Forty-Eight (25,000,00014,144,148) shares are Preferred Stock, of which (Ax) six million six hundred and seventy-one thousand six hundred and nineteen Four Million Three Hundred Thousand (6,671,6194,300,000) shares have been designated as Series A Preferred Stock, (By) ten million four hundred and ninety-seven thousand and twenty-six Four Million Three Hundred Thousand (10,497,0264,300,000) shares have been designated as Series B Preferred Stock and (Cz) two million five hundred thousand Five Million Five Hundred Forty-Four Thousand One Hundred and Forty-Eight (2,500,0005,544,148) shares have been designated Series C Preferred Stock. As of the date of this Agreement, there are issued and outstanding seventeen million five hundred and thirty-four thousand two hundred and fifteen (17,534,215) 11,454,638 shares of Common Stock, six million six hundred and seventy-one thousand six hundred and nineteen (6,671,619) 4,295,004 shares of Series A Preferred Stock, ten million four hundred and thirteen thousand six hundred and ninety-three (10,413,693) 3,931,210 shares of Series B Preferred Stock and nine hundred and seventy-three thousand and one (973,001) 5,047,223 shares of Series C Preferred Stock. The Company has no other capital stock authorized, issued or outstanding. Schedule Section 4.2.1 of the Company Disclosure Schedule sets forth the name of each holder Holder of shares of Company Stock, as well as the number of shares of Common Stock and Preferred Stock held by each such holder. Shareholders holding 52.78% of the outstanding Company Stock on the date hereof (calculated on an as-converted, as-exercised to Common Stock basis) have executed the Voting Agreement covering such shares of Company StockHolder.

Authorized, Issued and Outstanding Capital Stock. The authorized capital stock of the Company consists solely of seventy thirty million three hundred twenty three thousand five million hundred five (75,000,00030,323,505) shares shares, par value $0.001 per share, of which (i) fifty twenty million (50,000,00020,000,000) shares are Common Stock and (ii) twenty-ten million three hundred twenty three thousand five million hundred five (25,000,00010,323,505) shares are Preferred Stock, of which (Ar) six one million six four hundred and seventy-forty one thousand six two hundred and nineteen fifty four (6,671,6191,441,254) shares have been designated as Series A Preferred Stock, (Bs) ten million four nine hundred and ninety-ninety five thousand seven thousand and twenty-six hundred ninety eight (10,497,026995,798) shares have been designated as Series B Preferred Stock and Stock, (Ct) two one million five hundred ninety eight thousand eight hundred twelve (2,500,0001,598,812) shares have been designated Series C Preferred Stock, (u) one million seven hundred forty nine thousand sixty (1,749,060) shares have been designated Series D Preferred Stock and (v) four million five hundred thirty eight thousand five hundred eighty one (4,538,581) shares have been designated Series E Preferred Stock. As of the date of this Agreement, there are issued and outstanding seventeen two million five four hundred and thirty-four seventy one thousand nine hundred twenty two hundred and fifteen (17,534,2152,471,922) shares of Common Stock, six one million six four hundred and seventy-twenty one thousand six two hundred and nineteen fifty four (6,671,6191,421,254) shares of Series A Preferred Stock, ten million four nine hundred and thirteen ninety five thousand six seven hundred and ninety-three ninety eight (10,413,693995,798) shares of Series B Preferred Stock and nine Stock, one million five hundred and seventy-three ninety eight thousand and one eight hundred twelve (973,0011,598,812) shares of Series C Preferred Stock, one million seven hundred forty nine thousand sixty (1,749,060) shares of Series D Preferred Stock and four million four hundred seventy eight thousand five hundred eighty one (4,478,581) shares of Series E Preferred Stock. The Company has no other capital stock authorized, issued or outstanding. Schedule Section 4.2.1 of the Company Disclosure Schedule sets forth the name of each holder Holder of shares of Company Stock, as well as the number of shares of Common Stock and Preferred Stock held by each such holderHolder. Shareholders Stockholders holding 52.78% forty percent (40%) of the outstanding Company Stock on the date hereof (calculated on an asa fully-converted, as-exercised to Common Stock basis) diluted basis have executed the Voting Agreement Stockholder Support Agreements covering such shares Shares of Company Stock.