Common use of Capital and Surplus Clause in Contracts

Capital and Surplus. The Company agrees that the capital of the Company (as such term is used in Section 154 of the General Corporation Law of Delaware) in respect of the Series V Preferred Stock issued pursuant to this Agreement will be equal to the aggregate par value of such shares. The Company further agrees that, except as contemplated herein or in the Restated Certificate, it will not increase the capital of the Company with respect to any shares of the Company’s capital stock at any time on or after the date of this Agreement.

Capital and Surplus. The Company Corporation agrees that the capital of the Company Corporation (as such term is used in Section 154 of the General Corporation Law of Delaware) in respect of the Series V Preferred Common Stock issued pursuant to this Agreement will be equal to the aggregate par value of such shares. The Company Corporation further agrees that, except as contemplated herein or in the Restated Certificateherein, it will not increase the capital of the Company Corporation with respect to any shares of the Company’s Corporation's capital stock at any time on or after the date of this Agreement.

Capital and Surplus. The Company Corporation agrees that the capital of ------------------- the Company Corporation (as such term is used in Section 154 of the General Corporation Law of Delaware) in respect of the Series V Preferred Common Stock issued pursuant to this Agreement will be equal to the aggregate par value of such shares. The Company Corporation further agrees that, except as contemplated herein or in the Restated Certificateherein, it will not increase the capital of the Company Corporation with respect to any shares of the Company’s Corporation's capital stock at any time on or after the date of this Agreement.

Capital and Surplus. The Company agrees that the capital of the Company (as such term is used in Section 154 of the General Corporation Law of Delaware) in respect of the Series V Preferred Common Stock issued pursuant to this Agreement will be equal to the aggregate par value of such shares. The Company further agrees that, except as contemplated herein or in the Restated Certificate, that it will not increase the capital of the Company with respect to any shares of the Company’s 's capital stock at any time on or after the date of this Agreement, except as contemplated herein.