Common use of Company Capitalization Clause in Contracts

Company Capitalization. (a) The authorized capital stock of the Company consists of (i) 180,000,000 shares of Company Common Stock, and (ii) 10,000,000 shares of Company Preferred Stock. As of the close of business in New York City on October 14, 2011 (the “Capitalization Date”), (A) 117,314,532 shares of Company Common Stock were issued and outstanding, (B) no shares of Company Preferred Stock were issued and outstanding, and (C) 324,391 shares of Company Capital Stock were held by the Company as treasury shares. All outstanding shares of Company Common Stock are validly issued, fully paid and nonassessable and free of any preemptive rights.

Company Capitalization. (a) The authorized capital stock of the Company consists of (i) 180,000,000 11,000,000,000 shares of Company Common Stock, Stock and (ii) 10,000,000 500,000,000 shares of Company Preferred Stock. As of the close of business in New York City on October 14March 22, 2011 2018 (the “Capitalization Date”), ): (A) 117,314,532 1,041,546,439 shares of Company Common Stock were issued and 958,118,536 were outstanding, (B) no 10,000,000 shares of Company Preferred Stock were issued and outstanding, 10,000,000 were outstanding and (C) 324,391 55,969,390 shares of Company Capital Common Stock were held by the Company as treasury shares. All outstanding shares of Company Common Stock Shares are duly authorized, validly issued, fully paid and paid, nonassessable and free of any preemptive rights.

Company Capitalization. (a) The authorized capital stock of the Company consists of (i) 180,000,000 250,000,000 shares of Company Common Stock, and (ii) 10,000,000 5,000,000 shares of Company Preferred Stock. As of the close of business in New York City on October 14April 9, 2011 2009 (the “Capitalization Date”), ): (A) 117,314,532 61,470,344 shares of Company Common Stock were issued and outstanding, (B) no shares of Company Preferred Stock were issued and outstanding, and (C) 324,391 there were no shares of Company Capital Stock were held by the Company as treasury shares. All outstanding shares of Company Common Stock are validly issued, fully paid and paid, nonassessable and free of any preemptive rights. Since the close of business on the Capitalization Date, the Company has not issued any shares of Company Capital Stock other than pursuant to the exercise of Stock Options granted under a Company Stock Plan and pursuant to Company Stock-Based Awards.

Company Capitalization. (a) The authorized capital stock of the Company consists of (i) 180,000,000 250,000,000 shares of Company Common Stock, and (ii) 10,000,000 5,000,000 shares of Company Preferred Stock. As of the close of business in New York City on October 147, 2011 (the “Capitalization Date”), ): (A) 117,314,532 72,190,079 shares of Company Common Stock were issued and outstanding, (B) no shares of Company Preferred Stock were issued and outstanding, and (C) 324,391 no shares of Company Capital Stock were held by the Company as treasury shares. All outstanding shares of Company Common Stock are validly issued, fully paid and paid, nonassessable and free of any preemptive rights.

Company Capitalization. (a) The authorized capital stock of the Company consists of (i) 180,000,000 120,000,000 shares of Company Common Stock, par value $0.001 per share; and (ii) 10,000,000 2,000,000 shares of Company Preferred Stock, par value $0.001 per share. As of the close of business in New York City on October 14November 24, 2011 2015 (the “Capitalization Date”), ): (Ai) 117,314,532 75,279,792 shares of Company Common Stock were issued and outstanding, outstanding (Bnot including 4,409,935 shares held in treasury) and (ii) no shares of Company Preferred Stock were issued and outstanding, and (C) 324,391 shares of Company Capital Stock were held by the Company as treasury shares. All outstanding shares of Company Common Stock are validly issued, fully paid and paid, nonassessable and free of any preemptive rights.