Common use of CERTAIN INFORMATION WITH RESPECT TO THE Clause in Contracts

CERTAIN INFORMATION WITH RESPECT TO THE. CAPITAL STOCK OF THE COMPANY, METALS AND NEWCO. The respective designations and numbers of outstanding shares and voting rights of each class of outstanding capital stock of the COMPANY, METALS and NEWCO as of the date of this Agreement are as follows: (i) as of the date of this Agreement, the authorized and outstanding capital stock of the COMPANY is as set forth on Schedule 5.3 hereto; (ii) immediately prior to the Closing Date and the Funding and Consummation Date, the authorized capital stock of METALS will consist of 50,000,000 shares of METALS Stock, of which the number of issued and outstanding shares will be set forth in the Registration Statement, and 5,000,000 shares of preferred stock, $.01 par value, of which no shares will be issued and outstanding, and a number of shares of Restricted Voting Common Stock, $.01 par value (the "Restricted Common Stock"), to be determined by METALS in good faith, all of which will be issued and outstanding except as otherwise set forth in the Registration Statement; and (iii) as of the date of this Agreement, the authorized capital stock of NEWCO consists of 1,000 shares of NEWCO Stock, of which one hundred (100) shares are issued and outstanding.

CERTAIN INFORMATION WITH RESPECT TO THE. CAPITAL STOCK OF THE COMPANY, METALS HOME AND NEWCO. The respective designations and numbers of outstanding shares and voting rights of each class of outstanding capital stock of the COMPANYCompany, METALS Home and NEWCO Newco as of the date of this Agreement are as follows: (i) as of the date of this Agreement, the authorized and outstanding capital stock of the COMPANY Company is as set forth on Schedule 5.3 hereto; (ii) immediately prior to the Closing Date and the Funding and Consummation Date, except for changes permitted by Section 7.12 hereof, the authorized capital stock of METALS Home will consist of 50,000,000 shares of METALS Home Stock, of which the number of issued and outstanding shares will be set forth in the Registration Statement, and 5,000,000 shares of preferred stock, $.01 par value, of which no shares will be issued and outstanding, and a number of 5,000,000 shares of Restricted Voting Common Stock, $.01 par value (the "Restricted Common Stock"), to be determined by METALS in good faith, all of which will be issued and outstanding except as otherwise set forth in the Registration Statement; and (iii) as of the date of this Agreement, the authorized capital stock of NEWCO Newco consists of 1,000 shares of NEWCO Newco Stock, of which one hundred (100) shares are issued and outstanding.

CERTAIN INFORMATION WITH RESPECT TO THE. CAPITAL STOCK OF THE COMPANY, METALS AND NEWCO. The respective designations and numbers of outstanding shares and voting rights of each class of outstanding capital stock of the each COMPANY, METALS and each NEWCO as of the date of this Agreement are as follows: (i) as of the date of this Agreement, the authorized and outstanding capital stock of the each COMPANY is as set forth on Schedule 5.3 hereto; (ii) immediately prior to the Closing Date and the Funding and Consummation Date, the authorized capital stock of METALS will consist of 50,000,000 shares of METALS Stock, of which the number of issued and outstanding shares will be set forth in the Registration Statement, and 5,000,000 shares of preferred stock, $.01 par value, of which no shares will be issued and outstanding, and a number of shares of Restricted Voting Common Stock, $.01 par value (the "Restricted Common Stock"), to be determined by METALS in good faith, all of which will be issued and outstanding except as otherwise set forth in the Registration Statement; and (iii) as of the date of this Agreement, the authorized capital stock of each NEWCO consists of 1,000 shares of NEWCO Stock, of which one hundred (100) shares are issued and outstanding.