Common use of Capitalization and Ownership Clause in Contracts

Capitalization and Ownership. As of December 31, 2001, the authorized capital stock of the Borrower consists of 30,000,000 shares of common stock of which 20,730,604 shares were issued and outstanding, and 5,000,000 shares of preferred stock, of which no shares were issued and outstanding. All of the capital stock of the Borrower has been validly issued and is fully paid and nonassessable. Except as set forth in Schedule 4.02, there are no options, warrants or other rights outstanding to purchase any such capital stock.

Capitalization and Ownership. As of December 31, 2001, the The authorized capital stock of the Borrower consists of 30,000,000 shares of common stock without nominal or par value, of which 20,730,604 7,969,544 shares (referred to herein as the "Shares") were issued and outstandingoutstanding as of November 12, and 5,000,000 shares of preferred stock, of which no shares were issued and outstanding2001. All of the capital stock of the Borrower has Shares have been validly issued and is are fully paid and nonassessable. Except as set forth in Schedule 4.02, there There are no options, warrants or other rights outstanding to purchase any such capital stockshares except as indicated on SCHEDULE 5.1.2.

Capitalization and Ownership. As of December 31September 30, 20011998, the authorized capital stock of the Borrower consists consisted of 30,000,000 15,000,000 shares of common stock of which 20,730,604 7,245,690 shares were issued and outstanding, and 5,000,000 3,000,000 shares of preferred stock, of which no shares were issued and outstanding. All of the capital stock of the Borrower has been validly issued and is fully paid and nonassessable. Except as set forth in Schedule 4.02, there are no options, warrants or other rights outstanding to purchase any such capital stock.

Capitalization and Ownership. As of December 31September 30, 20011998, the authorized capital stock of the Borrower consists of 30,000,000 shares of common stock of which 20,730,604 20,521,302 shares were issued and outstanding, and 5,000,000 shares of preferred stock, of which no shares were issued and outstanding. All of the capital stock of the Borrower has been validly issued and is fully paid and nonassessable. Except as set forth in Schedule 4.02, there are no options, warrants or other rights outstanding to purchase any such capital stock.

Capitalization and Ownership. As of December August 31, 20011997, the authorized capital stock ---------------------------- Capital Stock of the Borrower consists of 30,000,000 18,000,000 shares of common stock of which 20,730,604 8,632,272 shares were issued and outstanding, outstanding and 5,000,000 2,000,000 shares of preferred stock, stock none of which no shares were was issued and or outstanding. All of the capital stock Capital Stock of the Borrower has been validly issued and is fully paid and nonassessable. Except as set forth in Schedule 4.02, there are no options, ------------- warrants or other rights outstanding to purchase any such capital stockCapital Stock.

Capitalization and Ownership. As of December 31May 1, 20011998, the authorized capital stock of the Borrower consists of 30,000,000 shares of common stock of which 20,730,604 20,410,752 shares were issued and outstanding, and 5,000,000 shares of preferred stock, of which no shares were issued and outstanding. All of the capital stock of the Borrower has been validly issued and is fully paid and nonassessable. Except as set forth in Schedule 4.02, there are no options, warrants or other rights outstanding to purchase any such capital stock.

Capitalization and Ownership. As of December 31September 30, 20011998, the ---------------------------- authorized capital stock of the Borrower consists of 30,000,000 200,000,000 shares of common stock of which 20,730,604 49,041,861 shares were issued and outstanding, and 5,000,000 20,000,000 shares of preferred stock, of which no shares were one (1) share is issued and outstanding. All of the capital stock of the Borrower has been validly issued and is fully paid and nonassessablenon- assessable. Except as set forth in Schedule 4.02, there are no options, warrants ------------- or other rights outstanding to purchase any such capital stock.

Capitalization and Ownership. As of December 31, 2001, the The authorized capital stock of the Borrower consists of 30,000,000 shares of common stock of which 20,730,604 6,990,151 shares were as of August 8, 2000 (referred to herein as the "Shares") are issued and outstanding, outstanding and 5,000,000 shares of preferred stock, of which no shares were issued and outstandingare owned. All of the capital stock of the Borrower has Shares have been validly issued and is are fully paid and nonassessable. Except as set forth in Schedule 4.02, there There are no options, warrants or other rights outstanding to purchase any such capital stock.shares except as indicated on Schedule 6.1.2. ---------------

Capitalization and Ownership. As of December 31, 2001, the The authorized capital stock of the Borrower consists of 30,000,000 20,000,000 shares of common stock of which 20,730,604 shares were issued and outstandingCommon Stock, and 5,000,000 shares of preferred stock$1 par value, of which no 8,104,714 shares were (referred to herein as the "Shares") are issued and outstanding. All of the capital stock of the Borrower has Shares have been validly issued and is are fully paid and nonassessable. Except as set forth in Schedule 4.02, there There are no options, warrants or other rights outstanding to purchase any such capital stockshares except as indicated on Schedule 5.1.2.

Capitalization and Ownership. As of December 31, 2001, the The authorized capital stock of the Borrower consists of 30,000,000 shares of common stock without nominal or par value, of which 20,730,604 8,257,313 shares (referred to herein as the “Shares”) were issued and outstandingoutstanding as of June 30, and 5,000,000 shares of preferred stock, of which no shares were issued and outstanding2005. All of the capital stock of the Borrower has Shares have been validly issued and is are fully paid and nonassessable. Except as set forth in Schedule 4.02, there There are no options, warrants or other rights outstanding to purchase any such capital stockshares except as indicated on Schedule 6.1.2.