Common use of Capital Stock and Related Matters Clause in Contracts

Capital Stock and Related Matters. The Charter of the Company authorizes the Company to issue 12,000,000 shares of common stock, $0.10 par value per share, and 1,000,000 shares of preferred stock. As of the date of this Agreement, there are 8,513,414 shares of the Company’s common stock issued and outstanding and no shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter Articles of the Company authorizes authorize the Company to issue 12,000,000 up to (i) 20,000,000 shares of common stock, $0.10 1.25 par value per share, and 1,000,000 (ii) 10,000,000 shares of preferred stock, no par value per share. As of the date of this AgreementSeptember 1, 2021, there are 8,513,414 were 6,959,134 shares of the Company’s common stock issued and outstanding and no shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there There are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter of the Company authorizes authorize the Company to issue 12,000,000 5,000,000 shares of common stock, $0.10 par value $0.01 per share and 200,000 shares of serial preferred stock, par value $0.01 per share, and 1,000,000 shares of preferred stock. As of the date of this Agreement, there are 8,513,414 2,956,854 shares of the Company’s common stock issued and outstanding and no shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there There are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of DirectorsDirectors and 302,800 shares that may be issued upon conversion of the Company’s 8.0% Convertible Senior Debentures Due 2029.

Capital Stock and Related Matters. The Charter Certificate of Formation of the Company authorizes the Company to issue 12,000,000 10,000,000 shares of common stock, $0.10 par value per share, and 1,000,000 no shares of preferred stock. As of the date of this AgreementDecember 31, there are 8,513,414 2020, 6,501,024 shares of the Company’s common stock issued and outstanding and no shares of the Company’s preferred stock are issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached heretoOther than pursuant to the Company’s equity incentive plans duly adopted by the Company’s board of directors, there are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter Articles of Incorporation of the Company authorizes the Company to issue 12,000,000 35,000,000 shares of common stock, par value $0.10 0.4167 per share, and 5,000,000 shares of preferred stock, no par value per share, and 1,000,000 shares of preferred stock. As of the date of this AgreementNovember 30, 2021, there are 8,513,414 were 5,282,853 shares of the Company’s common stock issued and outstanding and no shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there There are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter Articles of Incorporation of the Company authorizes authorize the Company to issue 12,000,000 10,000,000 shares of common stock, $0.10 par value per share, stock and 1,000,000 2,000,000 shares of preferred stock. As of the date of this AgreementDecember 31, there are 8,513,414 2021, 7,595,781 shares of the Company’s common stock issued and outstanding and no 28,750 shares of the Company’s preferred stock were issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached heretoOther than pursuant to the Company’s equity incentive plans duly adopted by the Company’s board of directors, there are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter Articles of Incorporation of the Company authorizes the Company to issue 12,000,000 20,000,000 shares of common stock, $0.10 par value $2.50 per share, and 1,000,000 250,000 shares of preferred stock, par value $1.00 per share. As of the date of this Agreement, there are 8,513,414 12,976,946 shares of the Company’s common stock issued and outstanding and no shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there There are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter of the Company authorizes the Company to issue 12,000,000 40,000,000 shares of common stock, $0.10 par value per share, and 1,000,000 900,000 shares of preferred stock10% Cumulative Preferred Stock and 10,000,000 shares of Senior Preferred Stock. As of the date of this AgreementMarch 31, 2021, there are 8,513,414 were 32,771,013 shares of the Company’s common stock issued and outstanding outstanding, and no shares of the Company’s preferred stock 10% Cumulative Preferred Stock or Senior Preferred Stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there There are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board board of Directorsdirectors.

Capital Stock and Related Matters. The Charter of the Company authorizes the Company to issue 12,000,000 50,000,000 shares of common stock, $0.10 0.01 par value per sharevalue, and 1,000,000 shares of preferred stock, $0.01 par value. As of the date of this Agreement, there are 8,513,414 13,680,974 shares of the Company’s common stock issued and outstanding and no shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter of the Company authorizes the Company to issue 12,000,000 50,000,000 shares of common stock, $0.10 0.01 par value per share, and 1,000,000 shares of preferred stock, $0.01 par value per share. As of the date of this AgreementMarch 10, 2022, there are 8,513,414 were 13,442,782 shares of the Company’s common stock issued and outstanding outstanding, and no shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there There are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter Articles of Incorporation of the Company authorizes authorize the Company to issue 12,000,000 10,000,000 shares of common stock, $0.10 par value per share, stock and 1,000,000 2,000,000 shares of preferred stock. As of the date of this AgreementDecember 31, there are 8,513,414 2020, 7,443,842 shares of the Company’s common stock issued and outstanding and no 28,750 shares of the Company’s preferred stock were issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached heretoOther than pursuant to the Company’s equity incentive plans duly adopted by the Company’s board of directors, there are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter Articles of the Incorporation of Company authorizes the authorize Company to issue 12,000,000 5,000,000 shares of common stock, $0.10 par value per share, stock and 1,000,000 250,000 shares of preferred stock. As of the date of this Agreement, there are 8,513,414 (i) 1,401,511 shares of the Company’s common stock issued and outstanding and no (ii) 4,500 shares of the Company’s preferred stock issued and outstanding. outstanding as Company’s Senior Non-Cumulative Perpetual Preferred Stock, Series A. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there There are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter of the Company authorizes the Company to issue 12,000,000 40,000,000 shares of common stock, $0.10 1.00 par value per sharevalue, and 1,000,000 10,000,000 shares of preferred stock, $1.00 par value. As of the date of this Agreement, there are 8,513,414 21,602,199 shares of the Company’s common stock issued and 21,408,017 shares of the Company’s common stock outstanding and no shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there There are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter Articles of the Company authorizes authorize the Company to issue 12,000,000 30,000,000 shares of common stock, $0.10 par value per share, stock and 1,000,000 2,000,000 shares of preferred stock. As of the date of this Agreement, there are 8,513,414 13,332,484 shares of the Company’s common stock issued and outstanding and no zero shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached hereto, there areOther than pursuant to the Company’s equity incentive and other benefit plans duly adopted by the Company’s Board of Directors, as of the date hereof, hereof there are no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter Articles of Incorporation of the Company authorizes the Company to issue 12,000,000 (i) 185,000,000 shares of common stock, $0.10 no par value per share, (“Common Stock”) and (ii) 1,000,000 shares of preferred stockstock (“Preferred Stock”). As of the date of this AgreementSeptember 30, there are 8,513,414 2020, 28,179,798 shares of the Company’s common stock issued and outstanding Common Stock, and no shares of the Company’s preferred stock Preferred Stock are issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached heretoOther than pursuant to the Company’s equity incentive plans duly adopted by the Company’s board of directors, there are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.

Capital Stock and Related Matters. The Charter of the Company authorizes the Company to issue 12,000,000 100,000,000 shares of common stock, $0.10 no par value per sharevalue, and 1,000,000 10,000,000 shares of preferred stock, no par value. As of the date of this Agreement, there are 8,513,414 60,444,547 shares of the Company’s common stock issued and outstanding and no shares of the Company’s preferred stock issued and outstanding. All of the outstanding capital stock of the Company has been duly authorized and validly issued and is fully paid and non-assessable. Except as disclosed on Schedule 4.1.2 attached heretopursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors, there are, as of the date hereof, no outstanding options, rights, warrants or other agreements or instruments obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional shares of the capital stock of the Company or obligating the Company to grant, extend or enter into any such agreement or commitment to any Person other than the Company except pursuant to the Company’s equity incentive plans duly adopted by the Company’s Board of Directors.