Common use of CERTAIN INFORMATION WITH RESPECT TO THE CAPITAL STOCK OF THE COMPANY AND AMPAM Clause in Contracts

CERTAIN INFORMATION WITH RESPECT TO THE CAPITAL STOCK OF THE COMPANY AND AMPAM. The respective designations and numbers of outstanding shares and voting rights of each class of outstanding capital stock of the Company and AmPaM as of the date of this Agreement are as follows: (i) as of the date of this Agreement, the authorized and outstanding Company Stock is as set forth on Schedule 5.3 hereto; and (ii) immediately prior to the Closing Date, the authorized capital stock of AmPaM will consist of (A) 100,000,000 shares of AmPaM Stock, of which the number of issued and outstanding shares will be set forth in the Private Placement Memorandum, (B) 10,000,000 shares of redeemable preferred stock, of which the number of issued and outstanding shares will be set forth in the Private Placement Memorandum, and (C) 5,000,000 shares of Restricted Voting Common Stock, $.01 per value (the "Restricted Common Stock"), all of which will be issued and outstanding except as otherwise set forth in the Private Placement Memorandum.