Common use of Class Voting Rights Clause in Contracts

Class Voting Rights. The Series C Preferred Stock shall have the following class voting rights (in addition to the voting rights set forth in Section 3(b) hereof). So long as any shares of the Series C Preferred Stock remain outstanding, the Company shall not, without the affirmative vote or consent of the holders of at least 51% of the shares of the Series C Preferred Stock outstanding at the time, given in person or by proxy, either in writing or at a meeting: (i) authorize, create, issue or increase the authorized or issued amount of any class or series of stock, including but not limited to the issuance of any shares of previously authorized Common Stock or Preferred Stock, whether or not ranking senior to the Series C Preferred Stock with respect to dividends and/or the distribution of assets on liquidation, dissolution or winding up; (ii) amend, alter or repeal the provisions of the Series C Preferred Stock, whether by merger, consolidation or otherwise, so as to adversely affect any right, preference, privilege or voting power of the Series C Preferred Stock; (iii) repurchase, redeem or pay dividends on, shares of the Company’s Junior Stock; (iv) amend the Certificate of Incorporation or By-Laws of the Company so as to adversely any right, preference, privilege or voting power of the Series C Preferred Stock; (v) effect any distribution with respect to Junior Stock; (vi) reclassify the Company’s outstanding securities; or (vii) issue any securities senior to or on parity with the Series C Preferred Stock.

Class Voting Rights. The Series C D Preferred Stock shall have the following class voting rights (in addition to the voting rights set forth in Section 3(b7(b) hereof). So long as any shares of the Series C D Preferred Stock remain outstanding, the Company shall not, without the affirmative vote or consent of the holders of at least 51% a majority of the shares of the Series C D Preferred Stock outstanding at the time, given in person or by proxy, either in writing or at a meeting, in which the holders of the Series D Preferred Stock vote separately as a class: (i) authorize, create, issue or increase the authorized or issued amount of any class or series of stock, including but not limited stock ranking prior to or on a parity with the issuance of any shares of previously authorized Common Stock or Series D Preferred Stock, whether or not ranking senior to the Series C Preferred Stock with respect to payment of dividends and/or or the distribution of assets on liquidation, dissolution or winding up; (ii) amend, alter or repeal the provisions of the Series C D Preferred Stock, whether by merger, consolidation or otherwise, so as to affect materially and adversely affect any right, preference, privilege or voting power of the Series C D Preferred Stock; provided, however, that any creation and issuance of other series of Junior Stock shall not be deemed to materially and adversely affect such rights, preferences, privileges or voting powers; (iii) repurchase, redeem or pay cash dividends on, shares of the Company’s 's Junior Stock; or (iv) amend the Certificate of Incorporation or By-Laws of the Company so as to affect materially and adversely any right, preference, privilege or voting power of the Series C D Preferred Stock; (v) effect provided, however, that any distribution with respect creation and issuance of other series of Junior Stock shall not be deemed to Junior Stock; (vi) reclassify the Company’s outstanding securities; materially and adversely affect such rights, preferences privileges or (vii) issue any securities senior to or on parity with the Series C Preferred Stockvoting powers.

Class Voting Rights. The Series C CC Preferred Stock shall have the following class voting rights (in addition to the voting rights set forth in Section 3(b) hereof). So long as any shares more than ten percent (10%) of the Series C CC Preferred Stock remain outstanding, the Company shall not, and shall not permit any subsidiary to, without the affirmative vote or consent of the holders of at least 5175% of the shares of the Series C CC Preferred Stock outstanding at the time, given in person or by proxy, either in writing or at a meeting, in which the holders of the Series CC Preferred Stock vote separately as a class: (i) authorize, create, issue or increase the authorized or issued amount of any class or series of stock, including but not limited to the issuance of any more shares of previously authorized Common Stock or Preferred Stock, whether or not ranking senior prior to the Series C CC Preferred Stock Stock, with respect to dividends and/or the distribution of assets on liquidation, dissolution or winding up; (ii) amend, alter or repeal the provisions of the Series C CC Preferred Stock, whether by merger, consolidation or otherwise, so as to adversely affect any right, preference, privilege or voting power of the Series C CC Preferred Stock; (iii) repurchase, redeem or pay dividends onon (whether in cash, in kind, or otherwise), shares of the Company’s Junior Stock; (iv) amend the Certificate Articles of Incorporation or By-Laws of the Company so as to affect materially and adversely any right, preference, privilege or voting power of the Series C CC Preferred Stock; (v) effect any distribution with respect to Junior StockStock or parity stock; (vi) reclassify the Company’s outstanding securities; or (vii) issue any securities senior to effect a transaction with one or on parity with more persons or entities whereby such other persons or entities will own more than the Series C Preferred Stock50% of the outstanding shares of Common Stock following such transaction (“Change in Control Transaction”).

Class Voting Rights. The Series C Preferred Stock shall have the following class voting rights (in addition to the voting rights set forth in Section 3(b) hereof). So long as any shares of the Series C Preferred Stock remain outstanding, the Company shall not, without the affirmative vote or consent of the holders of at least 5175% of the shares of the Series C Preferred Stock outstanding at the time, given in person or by proxy, either in writing or at a meeting: (i) authorize, create, issue or increase the authorized or issued amount of any class or series of stock, including but not limited to the issuance of any shares of previously authorized Common Stock or Preferred Stock, whether or not ranking senior to the Series C Preferred Stock with respect to dividends and/or the distribution of assets on liquidation, dissolution or winding up; (ii) amend, alter or repeal the provisions of the Series C Preferred Stock, whether by merger, consolidation or otherwise, so as to adversely affect any right, preference, privilege or voting power of the Series C Preferred Stock; (iii) repurchase, redeem or pay dividends on, shares of the Company’s Junior Stock; (iv) amend the Certificate of Incorporation or By-Laws of the Company so as to adversely any right, preference, privilege or voting power of the Series C Preferred Stock; (v) effect any distribution with respect to Junior Stock; (vi) reclassify the Company’s outstanding securities; or (vii) issue any securities senior to or on parity with the Series C Preferred Stock.