Common use of Equity Capitalization Clause in Contracts

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 shares of Common Stock, of which 414,388,151 are issued and outstanding and (ii) 1,000,000 shares of preferred stock, of which, 3,000 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.

Equity Capitalization. As of the date hereofhereof and as of the Closing, the authorized capital stock of the Company consists solely of (i) 750,000,000 200,000,000 shares of Common Stock, of which 414,388,151 52,412,695 including 2,500,000 shares held in treasury are issued and 49,912,695 are outstanding and 31,798,349 are reserved for issuance pursuant to securities exercisable or exchangeable for, or convertible into, shares of Common Stock and (ii) 1,000,000 5,000,000 shares of preferred stock, of which, 3,000 which 26,500 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.

Equity Capitalization. As of Immediately prior to the date hereofClosing, the authorized capital stock of the Company consists of (i) 750,000,000 10,000,000 shares of Preferred Stock, $0.001 par value, of which as of that time none are issued and outstanding, and (ii) 100,000,000 shares of Common Stock, $.001 par value, of which 414,388,151 are issued and outstanding and (ii) 1,000,000 as of that time 27,205,261 shares of preferred stock, of which, 3,000 are issued and outstanding. All of such the Company’s outstanding shares are duly authorized and have been, or upon issuance will be, been validly issued and are fully paid and non-assessablenonassessable.

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 2,750,000,000 shares of Common Stock, of which 414,388,151 which, 2,034,232,918 are issued and outstanding and (ii) 1,000,000 50,000,000 shares of preferred stock, of which, 3,000 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 250,000,000 shares of Common Stock, of which 414,388,151 which, 51,108,261 are issued and outstanding and (ii) 1,000,000 5,000,000 shares of preferred stock, none of which, 3,000 which are issued and or outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 300,000,000 shares of Common Stock, of which 414,388,151 88,323,498 are issued and outstanding and (ii) 1,000,000 shares of preferred stock, of which, 3,000 which no shares are issued and or outstanding. All 53,864,121 shares of such outstanding shares Common Stock are duly authorized reserved for issuance pursuant to Convertible Securities (as defined below) (other than the Notes and have been, or upon issuance will be, validly issued and are fully paid and non-assessablethe Other Notes (as defined below)).

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 1,000,000,000 shares of Common Stock, of which 414,388,151 are issued and outstanding Stock and (ii) 1,000,000 100,000,000 shares of preferred stock, of which, 3,000 500,000 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable. The Common Stock is not an “equity security” (as such term is defined in Rule 13d-1(i) promulgated under the 1934 Act).

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 hereof there are 900,000,000 shares of Common StockStock authorized, of which 414,388,151 are issued and outstanding and (ii) 1,000,000 shares of preferred stock, of which, 3,000 120,535,672 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will beauthorized, validly issued and are issued, fully paid and non-assessablenonassessable.

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of 250,000,000 authorized Common Shares and 80,000,000 authorized preferred shares. As of the date hereof, (i) 750,000,000 39,099,429 Common Shares are issued and outstanding, (ii) 5,031,473 shares of Common 5.50% Series B Cumulative Convertible Preferred Stock, of which 414,388,151 par value $0.01 per share, are issued and outstanding and (iiiii) 1,000,000 1,600,000 shares of preferred stock8.25% Series D Cumulative Preferred Stock, of whichpar value $0.01 per share, 3,000 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.

Equity Capitalization. As of the date hereofhereof (and without giving effect to the issuance of the Purchased Shares), the authorized capital stock of the Company consists of (i) 750,000,000 5,200,000 shares of Common Stock, par value $.01 per share, of which 414,388,151 as of the date hereof, 2,915,895 are issued and outstanding and (ii) 1,000,000 1,118,497 shares are reserved for issuance pursuant to securities exercisable or exchangeable for, or convertible into, shares of preferred stock, of which, 3,000 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.Common Stock and

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 hereof there are 25,000,000 shares of Common StockStock authorized, of which 414,388,151 are issued and outstanding and (ii) 1,000,000 shares of preferred stock, of which, 3,000 5,865,221 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will beauthorized, validly issued and are issued, fully paid and non-assessablenonassessable.

Equity Capitalization. As of the date hereof, the The authorized capital stock of the Company consists of (i) 750,000,000 as of November 13, 2015 and excluding the Securities, 300,000,000 shares of Common Stock, of which 414,388,151 are issued and outstanding and (ii) 1,000,000 28,976,540 shares of preferred stock, of which, 3,000 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.,

Equity Capitalization. (a) As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 171,666,666 shares of Common Stockcapital stock, of which 414,388,151 166,666,666 shares are issued designated common stock, par value $0.001 per share, and 5,000,000 shares are undesignated preferred stock. As of the date hereof, the Company had 122,417,839 shares of common stock outstanding and (ii) 1,000,000 no shares of preferred stock, of which, 3,000 are issued and stock outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 hereof there are 500,000,000 shares of Common StockStock authorized, of which 414,388,151 are issued and outstanding and (ii) 1,000,000 shares of preferred stock, of which, 3,000 81,071,831 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will beauthorized, validly issued and are issued, fully paid and non-assessablenonassessable.

Equity Capitalization. As of the date hereof, the The authorized capital stock of the Company consists of (i) 750,000,000 as of November 17, 2016 and excluding the Securities, 400,000,000 shares of Common Stock, of which 414,388,151 are issued and outstanding and (ii) 1,000,000 49,847,167 shares of preferred stock, of which, 3,000 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.,

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 300,000,000 shares of Common Stock, of which 414,388,151 as of the date hereof, 84,733,748 shares are issued issued, 84,661,917 shares are outstanding, and outstanding 4,271,234 shares are available for issuance pursuant to the Company’s equity and incentive plans, and (ii) 1,000,000 shares of preferred stock, of which, 3,000 are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.)

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 300,000,000 shares of Common Stock, of which 414,388,151 88,323,498 are issued and outstanding and (ii) 1,000,000 shares of preferred stock, of which, 3,000 which no shares are issued and or outstanding. All 53,864,121 shares of such outstanding shares Common Stock are duly authorized reserved for issuance pursuant to Convertible Securities (as defined below) (including the Notes and have been, or upon issuance will be, validly issued and are fully paid and non-assessablethe Other Notes (as defined below)).

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 200,000,000 shares of Class A Common Stock, of which 414,388,151 which, 8,884,415 are issued and outstanding outstanding, (ii) 10,000,000 shares of Class B Common Stock, of which, 600,000 are issued and outstanding, and (ii) 1,000,000 10,000,000 shares of preferred stock, of which, 3,000 which 5,790 shares have been designated as Preferred Shares and 1,150 Preferred Shares are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.

Equity Capitalization. As of the date hereof, the authorized capital stock of the Company consists of (i) 750,000,000 200,000,000 shares of Class A Common Stock, of which 414,388,151 which, 8,314,115 are issued and outstanding outstanding, (ii) 10,000,000 shares of Class B Common Stock, of which, 600,000 are issued and outstanding, and (ii) 1,000,000 10,000,000 shares of preferred stock, of which, 3,000 which 5,790 shares have been designated as Preferred Shares and 4,180.3 Preferred Shares are issued and outstanding. All of such outstanding shares are duly authorized and have been, or upon issuance will be, validly issued and are fully paid and non-assessable.