Common use of Capitalization of the Company and its Subsidiaries Clause in Contracts

Capitalization of the Company and its Subsidiaries. The authorized capital stock of the Company consists of (a) 98,500,000 shares of Common Stock (and immediately following the filing of an amendment to the Certificate of Incorporation pursuant to Section 7.1(g), 250,000,000 shares of Common Stock) and (b) 5,000,000 shares of preferred stock, par value $0.01, of the Company (the “Preferred Stock”) of which 1,000,000 shares of Preferred Stock are designated as 6.5%

Capitalization of the Company and its Subsidiaries. The authorized capital stock of the Company consists of (ai) 98,500,000 10,000,000 Shares of which, as of the date of this Agreement, 4,242,938 Shares were issued and outstanding and 131,062 Shares were held as treasury shares of Common Stock the Company, (and immediately following the filing of an amendment to the Certificate of Incorporation pursuant to Section 7.1(g), 250,000,000 shares of Common Stockii) and (b) 5,000,000 shares of preferred stock, par value $0.01, of the Company (the “Preferred Stock”) of which 1,000,000 15,000 shares of Preferred Stock are designated Stock, of which, as 6.5%of the date of this Agreement, 14,000 shares were issued and outstanding, and (iii) 50,000 shares of Class B Preferred

Capitalization of the Company and its Subsidiaries. The (a) As of the date hereof, the authorized capital stock of the Company consists of (a) 98,500,000 50,000,000 shares of Common Stock (common stock, $0.001 par value per share, of which 26,317,673 are issued and immediately following the filing outstanding, and all of an amendment to the Certificate of Incorporation pursuant to Section 7.1(g)which are duly authorized, 250,000,000 shares of Common Stock) validly issued, fully paid and (b) 5,000,000 nonassessable, and 1,000,000 shares of preferred stock, $0.001 par value $0.01per share, of the Company (the “Preferred Stock”) of which 1,000,000 no shares of Preferred Stock are designated as 6.5%issued and outstanding.