Common use of Capitalization and Voting Rights Clause in Contracts

Capitalization and Voting Rights. Upon Closing, the authorized capital stock of the Company will be One Hundred Fifty Million (150,000,000) shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no shares of Series B Preferred Stock are issued and outstanding as of July 31,

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of (150,000,000i) 10,000,000 shares of Common Stock and Five Million “blank check” Preferred Stock, par value $0.001 per share (5,000,000) shares of preferred stockthe “Preferred Stock”), none of which 20,612,684 is issued and outstanding, and (ii) 100,000,000 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no of which 247,550 shares of Series B Preferred Common Stock are were issued and outstanding as of July 31,May 10, 2017.

Capitalization and Voting Rights. Upon ClosingAs of the date hereof, the -------------------------------- authorized capital stock of the Company will be One Hundred Fifty Million Subsidiary consists of: (150,000,000a) Preferred Stock. 5,000,000 shares of Common Stock and Five Million (5,000,000) shares of preferred stockblank check Preferred Stock, par value $.01, of which 20,612,684 3,333,333 shares of Common Stock, 257,172 shares have been designated as Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and ; no shares of Series B Preferred Stock are issued and outstanding as outstanding. (b) Common Stock. 20,000,000 shares of July 31,common stock, par value $.01, of which 9,100,000 shares are issued and outstanding.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of: (150,000,000a) Preferred Stock. 3,000,000 shares of Common Stock and Five Million Preferred Stock, par value $0.001 per share (5,000,000) shares of preferred stockthe "Preferred Stock"), of which 20,612,684 425,000 shares have been designated as Series F Preferred Stock, and 333,333 shares of which are presently issued and outstanding. (b) Common Stock. 100,000,000 shares of common stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock par value $0.001 per share (the “Series A Preferred "Common Stock”"), and no of which 30,507,293 shares of Series B Preferred Stock are issued and outstanding as of July 31,outstanding.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million consists of: (150,000,000a) shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 Stock. 200,000,000 shares of Common Stock, 257,172 of which 75,637,792 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no shares of Series B Preferred Stock are issued and outstanding as of July 31,the date hereof. The Common Stock is currently accepted for trading on the American Stock Exchange. (b) Preferred Stock. 20,000,000 shares of preferred stock (the "Preferred Stock"), of which, as of the date hereof, an aggregate of 39,000 shares are issued and outstanding, 19,000 as Series A Convertible Preferred Stock and 20,000 as Series B Convertible Preferred Stock.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of: (150,000,000a) Preferred Stock. 5,000,000 shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 shares of Common Preferred Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock par value $0.001 per share (the “Series A Preferred Stock”), of which ______ are presently issued and no outstanding. (b) Common Stock. 500,000,000 shares of Series B Preferred Stock are common stock, par value $0.001 per share (“Common Stock”), of which ________ shares were issued and outstanding as of July 31,_________, 2010.

Capitalization and Voting Rights. Upon ClosingAs of the date hereof, the authorized capital stock of the Company will be One Hundred Fifty Million consists of the following: (150,000,000a) shares of Common Stock and Five Million (5,000,000) Preferred Stock. 5,000,000 shares of preferred stock, par value $0.01 per share, 2,000,000 of which 20,612,684 are designated as Series A Preferred, of which 957,624 are issued and outstanding and 1,000,000 of which are designated Series B Preferred, of which 401,232 are issued and outstanding. (b) Common Stock. 50,000,000 shares of common stock, par value $0.0001 per share (“Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no of which 3,726,705 shares of Series B Preferred Stock are issued and outstanding as of July 31,outstanding.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of: (150,000,000a) Preferred Stock. 3,000,000 shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 shares of Common Preferred Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock par value $0.001 per share (the “Series A Preferred Stock”), and of which there are no shares presently issued and outstanding. (b) Common Stock. 500,000,000 shares of Series B Preferred Stock common stock, par value $0.001 per share (“Common Stock”), of which 172,484,838 shares are issued and outstanding as of July 31,outstanding.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of ---------------------------------- the Company as of the Company will be One Hundred Fifty Million date hereof consists of: (150,000,000a) Preferred Stock. 3,000,000 shares of Common Stock and Five Million Preferred Stock, par ---------------- value $0.001 per share (5,000,000) shares of preferred stockthe "Preferred Stock"), of which 20,612,684 shares 425,000shares have been designated as Series F Preferred Stock, none of which are presently issued and outstanding. (b) Common Stock. 100,000,000shares of common stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock par value ------------- $0.001 per share (the “Series A Preferred "Common Stock”"), and no of which 30,369,647 shares of Series B Preferred Stock are issued and outstanding as of July 31,outstanding.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of (150,000,000i) 5,000,000 shares of Common Stock and Five Million Preferred Stock, par value $0.001 per share (5,000,000) shares of preferred stockthe “Preferred Stock”), of which 20,612,684 740 are presently issued and outstanding, and (ii) 500,000,000 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no of which 240,041,432 shares of Series B Preferred Common Stock are were issued and outstanding as of July 31,August 12, 2011.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million consists of: (150,000,000a) Common Stock. 85,000,000 shares of common stock, $.001 par value per share (the "Common Stock and Five Million (5,000,000) shares of preferred stockStock"), of which 20,612,684 54,093,916 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no shares of Series B Preferred Stock are issued and outstanding as of July 31,the date hereof. (b) Preferred Stock. 20,000,000 shares of preferred stock (the "Preferred Stock"), of which 0 shares are issued and outstanding as of the date hereof.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million consists of: (150,000,000a) Common Stock. 100,000,000 shares of common stock, $0.001 par value per share (the "Common Stock and Five Million (5,000,000) shares of preferred stockStock"), of which 20,612,684 51,568,634 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no shares of Series B Preferred Stock are issued and outstanding as of July 31,the date hereof. (b) Preferred Stock. 20,000,000 shares of preferred stock (the "Preferred Stock"), of which 19,000 shares are issued and outstanding as of the date hereof as Series B Convertible Preferred Stock.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million consists of: (150,000,000a) shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 Stock. 300,000,000 shares of Common Stock, 257,172 of which 114,897,189 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no shares of Series B Preferred Stock are issued and outstanding as of July 31,the date hereof. The Common Stock is currently accepted for trading on the American Stock Exchange. (b) Preferred Stock. 20,000,000 shares of preferred stock (the "Preferred Stock"), of which, as of the date hereof, an aggregate of 39,000 shares are issued and outstanding, 19,000 as Series A Convertible Preferred Stock and 20,000 as Series B Convertible Preferred Stock.

Capitalization and Voting Rights. Upon As of the First Closing, the authorized capital stock of the Company will be One Hundred Fifty Million consists of the following: (150,000,000a) shares of Common Stock and Five Million (5,000,000) Preferred Stock. 5,000,000 shares of preferred stock, par value $0.01 per share, 2,000,000 of which 20,612,684 are designated as Series A Preferred, of which 927,992 are issued and outstanding. (b) Common Stock. 50,000,000 shares of common stock, par value $0.0001 per share (“Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no of which 3,617,976 shares of Series B Preferred Stock are issued and outstanding as of July 31,December 27, 2013.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of: (150,000,000a) Preferred Stock. 5,000,000 shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 shares of Common Preferred Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock par value $0.001 per share (the “Series A Preferred Stock”), of which none are presently issued and no outstanding. (b) Common Stock. 500,000,000 shares of Series B Preferred Stock are common stock, par value $0.001 per share (“Common Stock”), of which 112,338,244 shares were issued and outstanding as of July 31,March 11, 2009.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million consists of: (150,000,000a) shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 Stock. 100,000,000 shares of Common Stock, 257,172 of which 53,480,153 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no shares of Series B Preferred Stock are issued and outstanding as of July 31,the date hereof. The Common Stock is currently accepted for trading on the American Stock Exchange (b) Preferred Stock. 20,000,000 shares of preferred stock (the "Preferred Stock"), of which, as of the date hereof, an aggregate of 39,000 shares are issued and outstanding, 19,000 as Series A Convertible Preferred Stock and 20,000 as Series B Convertible Preferred Stock.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of: (150,000,000a) Preferred Stock. 3,000,000 shares of Common Stock and Five Million Preferred Stock, par value $0.001 per share (5,000,000) shares of preferred stockthe "Preferred Stock"), of which 20,612,684 425,000 shares have been designated as Series F Preferred Stock, and 333,333 shares of which are presently issued and outstanding. (b) Common Stock. 200,000,000 shares of common stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock par value $0.001 per share (the “Series A Preferred "Common Stock”"), and no of which 49,672,293 shares of Series B Preferred Stock are were issued and outstanding as of July 31,January 26, 2004.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company consists, or will be One Hundred Fifty Million (150,000,000) consist prior to the Closing, of: a. Preferred Stock. 15,500,000 shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A "Preferred Stock”"), and no of which 2,339,667 b. Common Stock. 40,000,000 shares of Series B Preferred Stock common stock ("Common Stock"), of which as of April 30, 1997, 2,740,177 shares are issued and outstanding as of July 31,outstanding.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of (150,000,000i) 5,000,000 shares of Common Stock and Five Million Preferred Stock, par value $0.001 per share (5,000,000) shares of preferred stockthe “Preferred Stock”), of which 20,612,684 740 are presently issued and outstanding, and (ii) 500,000,000 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no of which 363,451,168 shares of Series B Preferred Common Stock are were issued and outstanding as of July 31,June 11, 2012 .

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million consists of: (150,000,000a) shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 Stock. 200,000,000 shares of Common Stock, 257,172 of which 72,149,557 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no shares of Series B Preferred Stock are issued and outstanding as of July 31,the date hereof. The Common Stock is currently accepted for trading on the American Stock Exchange. (b) Preferred Stock. 20,000,000 shares of preferred stock (the "Preferred Stock"), of which, as of the date hereof, an aggregate of 39,000 shares are issued and outstanding, 19,000 as Series A Convertible Preferred Stock and 20,000 as Series B Convertible Preferred Stock.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of (150,000,000i) 5,000,000 shares of Common Stock and Five Million Preferred Stock, par value $0.001 per share (5,000,000) shares of preferred stockthe “Preferred Stock”), of which 20,612,684 740 are presently issued and outstanding, and (ii) 25,000,000 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no of which 5,024,081 shares of Series B Preferred Common Stock are were issued and outstanding as of July 31,September 6, 2013.

Capitalization and Voting Rights. Upon As of the First Closing, the authorized capital stock of the Company will be One Hundred Fifty Million consists of the following: (150,000,000a) shares of Common Stock and Five Million (5,000,000) Preferred Stock. 5,000,000 shares of preferred stock, par value $0.01 per share, all of which 20,612,684 are undesignated, and none of which are issued and outstanding. (b) Common Stock. 50,000,000 shares of common stock, par value $0.0001 per share (“Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no of which 23,975,651 shares of Series B Preferred Stock are issued and outstanding as of July March 31,, 2012.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of: (150,000,000a) Preferred Stock. 5,000,000 shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 shares of Common Preferred Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock par value $0.001 per share (the “Series A Preferred Stock”), of which none are presently issued and no outstanding. (b) Common Stock. 500,000,000 shares of Series B Preferred Stock are common stock, par value $0.001 per share (“Common Stock”), of which 115,638,243 shares were issued and outstanding as of July August 31,, 2009.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of April 11, 2005 consists of: (150,000,000a) Preferred Stock. 3,000,000 shares of Common Stock and Five Million Preferred Stock, par value $0.001 per share (5,000,000) shares of preferred stockthe "Preferred Stock"), of which 20,612,684 there are no shares presently issued and outstanding. (b) Common Stock. 500,000,000 shares of common stock, par value $0.001 per share ("Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”"), and no of which 175,798,747 shares of Series B Preferred Stock are were issued and outstanding as of July 31,outstanding.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million consists of the following on the date hereof: (150,000,000a) shares of Common Stock and Five Million (5,000,000) Preferred Stock. 6,213,165 shares of preferred stock, of which 20,612,684 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock par value $0.0001 (the “Series A Preferred Stock”), and no of which 6,121,168 shares of Series B Preferred Stock are issued and outstanding as outstanding; and (b) Common Stock. 19,129,375 shares of July 31,common stock, par value $0.0001 (“Common Stock”), of which 12,916,210 shares are issued and outstanding.

Capitalization and Voting Rights. Upon Closing, the The Company’s authorized capital stock of the Company will be One Hundred Fifty Million consists of: (150,000,000a) shares of Common Stock and Five Million (5,000,000) shares of preferred stock, of which 20,612,684 Stock. 200,000,000 shares of Common Stock, 257,172 of which 110,171,558 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no shares of Series B Preferred Stock are were issued and outstanding as of July 31,the date hereof. The Common Stock is currently accepted for trading on the American Stock Exchange. (b) Preferred Stock. 20,000,000 shares of preferred stock (the "Preferred Stock"), of which, as of the date hereof, an aggregate of 39,000 shares are issued and outstanding, 19,000 as Series A Convertible Preferred Stock and 20,000 as Series B Convertible Preferred Stock.

Capitalization and Voting Rights. Upon Closing, the The authorized capital stock of the Company will be One Hundred Fifty Million as of the date hereof consists of (150,000,000i) 5,000,000 shares of Common Stock and Five Million (5,000,000) shares of preferred stockPreferred Stock, par value $0.001 per share, of which 20,612,684 740 are presently issued and outstanding, and (ii) 25,000,000 shares of Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no of which 4,872,372 shares of Series B Preferred Common Stock are were issued and outstanding as of July 31,12, 2013.

Capitalization and Voting Rights. Upon As of the First Closing, the authorized capital stock of the Company will be One Hundred Fifty Million consists of the following: (150,000,000a) shares of Common Stock and Five Million (5,000,000) Preferred Stock. 5,000,000 shares of preferred stock, par value $0.01 per share, all of which 20,612,684 are undesignated, and none of which are issued and outstanding. (b) Common Stock. 50,000,000 shares of common stock, par value $0.0001 per share (“Common Stock, 257,172 shares Series A 6% Participating Convertible Preferred Stock (the “Series A Preferred Stock”), and no of which 25,152,693 shares of Series B Preferred Stock are issued and outstanding as of July 31,September 4, 2013.