Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000, of which 10,000,000 shares shall be Preferred Stock, par value $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 per share.

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have authority is authorized to issue is 300,000,000211,000 shares, consisting of which 10,000,000 shares shall be two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of shares of Common Stock that the Corporation is authorized to issue is 1,000 shares, par value $.01 0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, and 290,000,000 shares shall be Common Stockof which 200,000 shares, par value $.01 0.01 per share, shall be designated “Series I Preferred Stock.”

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000360,000,000, of which 350,000,000 shares shall be Common Stock of the par value of $.0001 per share and 10,000,000 shares shall be Preferred Stock, Stock of the par value of $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 .0001 per share.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000160,000,000, of which 10,000,000 shares shall be Preferred Stock, par value $.01 per share, and 290,000,000 150,000,000 shares shall be Common Stock, all with a par value of $.01 per share.

FOURTH. The total aggregate number of shares of all classes of capital stock which that the Corporation shall have authority to issue is 300,000,000, 1,000 shares of which 10,000,000 shares shall be Preferred Stockcommon stock, par value $.01 0.01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 per share.. FIFTH:

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000500,000,000 shares, consisting of which 10,000,000 475,000,000 shares shall be of Common Stock, par value $.10 per share (the "Common Stock") and 25,000,000 shares of Preferred Stock, par value $.01 .10 per share, and 290,000,000 shares shall be Common share (the "Preferred Stock, par value $.01 per share").

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have Bank has authority to issue is 300,000,0005,000,000 shares, all of which 10,000,000 are shares shall be Preferred Stock, of common stock with a par value of $.01 10.00 per share, and 290,000,000 shares shall be Common Stock, resulting in an aggregate par value of $.01 per share50,000,000.

FOURTH. The total number of shares of all classes of capital stock which the ------ Corporation shall have authority to issue is 300,000,000175,078,160 shares, consisting of which 10,000,000 (i) 142,656,279 shares shall be of Common Stock, par value $.01 per share (the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock, par value $.01 per share, and 290,000,000 shares shall be Common share (the "Preferred Stock, par value $.01 per share").

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000Sixty Million (60,000,000), divided into Fifty Million (50,000,000) shares of which 10,000,000 shares shall be Preferred Stock, Common Stock of the par value of one cent ($.01 0.01) per share, share and 290,000,000 Ten Million (10,000,000) shares shall be Common Stock, of Preferred Stock of the par value of one cent ($.01 0.01) per share.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000, 510,000,000 of which 10,000,000 shares shall be Preferred Stock, par value $.01 per share, and 290,000,000 500,000,000 shares shall be Common Stock, par value $.01 0.0001 per share.share (the “Common Stock”), and 10,000,000 shares shall be Preferred Stock par value $0.0001 per share (the “Preferred Stock”). The designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of each class of capital stock of the Corporation are as follows:

FOURTH. (a) The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000210,000,000 shares, of which 200,000,000 shares shall be Common Stock of the par value of $.001 per share and 10,000,000 shares shall be Preferred Stock, Stock of the par value of $.01 .001 per share, and 290,000,000 shares shall be Common Stock, par value $.01 per shareissuable in series.

FOURTH. (A) The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000275,000,000 shares of capital stock ("Capital Stock"), consisting of which 10,000,000 250,000,000 shares shall be Preferred Stock, par value $.01 per share, and 290,000,000 shares shall be of Common Stock, par value $.01 0.01 per shareshare ("Common Stock"), and 25,000,000 shares of preferred stock, par value $0.01 per share ("Preferred Stock").

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000, one thousand (1,000) shares of which 10,000,000 shares shall be Preferred Stockcommon stock, par value $.01 0.01 per share, and 290,000,000 shares shall be share (Common Stock, par value $.01 per share). Each holder of Common Stock shall have one vote in respect of each share of Common Stock held by such holder of record on the books of the Corporation on all matters on which stockholders of the Corporation are entitled to vote.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000, 1,000 shares of which 10,000,000 shares shall be Preferred Stockcommon stock, par value $.01 0.01 per share. Except as otherwise provided by law, the shares of stock of the Corporation may be issued by the Corporation from time to time in such amounts, for such consideration and 290,000,000 shares shall be Common Stock, par value $.01 per sharefor such corporate purposes as the board of directors of the Corporation (the “Board of Directors”) may from time to time determine.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000ten thousand (10,000) shares of capital stock, consisting of which 10,000,000 10,000 shares shall be Preferred Stockof common stock, each having a par value of $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 0.01 per share.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000, one thousand (1,000) shares of which 10,000,000 shares shall be Preferred Stock, common stock having a par value of $.01 per share0.01. Except as otherwise provided by law, the shares of stock of the Corporation may be issued by the Corporation from time to time in such amounts, for such consideration and 290,000,000 shares shall be Common Stock, par value $.01 per sharefor such corporate purposes as the Board of Directors may from time to time determine.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 300,000,000Fifty million shares comprised of (i) Forty Five Million (45,000,000) shares of Common Stock, $0.0001 par value per share (“Common Stock”), and (ii) Five Million (5,000,000) shares of which 10,000,000 shares shall be Preferred Stock, $0.0001 par value $.01 per shareshare (“Preferred Stock”). The following is a statement of the designations and the powers, privileges and rights, and 290,000,000 shares shall be Common Stockthe qualifications, par value $.01 per sharelimitations or restrictions thereof in respect of each class of capital stock of the Corporation.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,0001,100,000,000 consisting of (x) 1,000,000,000 shares of Common Stock, par value $0.01 per share, and (y) 100,000,000 shares of which 10,000,000 shares shall be Preferred Stock, par value $.01 per share0.01, of which 1,725,000 shares are designated as 5.250% Mandatory Convertible Preferred Stock, Series A-1 (the “Series A-1 Preferred Stock”), and 290,000,000 shares shall be Common Stock, par value $.01 per sharethe remainder of which are issuable in one or more series as hereinafter provided.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000, 100 shares of which 10,000,000 shares shall be Preferred Stockcommon stock, par value $.01 0.01 per share, and 290,000,000 shares shall be share (“Common Stock, par value $.01 per share”). Each holder of Common Stock shall have one vote in respect of each share of Common Stock held by such holder of record on the books of the Corporation on all matters on which stockholders of the Corporation are entitled to vote.

FOURTH. The total number of shares of all classes of capital stock which the Corporation corporation shall have authority to issue is 300,000,000, Three Thousand (3,000) shares of which 10,000,000 shares shall be Preferred Common Stock, $0.01 par value $.01 per share, and 290,000,000 shares shall be Common Stock, par value amounting in the aggregate to Thirty Dollars ($.01 per share30.00) of capital stock.

FOURTH. (a) The total number of shares of all classes of capital stock which the Corporation corporation shall have the authority to issue is 300,000,00025,000, which are divided into 10,000 shares of which 10,000,000 Common Stock, par value $.0001 per share, and 15,000 shares shall be of Preferred Stock, par value $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 .0001 per share.

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000Fifty Million (50,000,000) shares of capital stock, consisting of which 10,000,000 Forty-Five Million (45,000,000) shares shall be Preferred of Common Stock, each having a par value of $.01 0.001 per share, and 290,000,000 Five Million (5,000,000) shares of Preferred Stock, each having a par value of $0.001 per share, of which One Million Sixty Thousand (1,060,000) shares shall be Common Stock, par value $.01 per sharedesignated Series A Convertible Preferred Stock (the "Series A Preferred").

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,0001,100,000,000, consisting of: (x) 1,000,000,000 shares of which 10,000,000 Common Stock, par value $0.01 per share (the “Common Stock”), issuable in two classes as hereinafter provided, and (y) 100,000,000 shares shall be of Preferred Stock, par value $.01 1.00 per shareshare (the “Preferred Stock”), and 290,000,000 shares issuable in one or more series as hereinafter provided in paragraph 11 of this Article Fourth. The Common Stock shall be Common Stock, par value $.01 per share.issuable in classes as follows:

FOURTH. A. The total number of shares of all classes of the capital stock which of this corporation hereby authorized is 205,891,097 divided into 5,891,097 shares of Preferred Stock without par value, and 200,000,000 shares of Common Stock of the Corporation shall have authority to issue is 300,000,000, of which 10,000,000 shares shall be Preferred Stock, par value of $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 per share0.01 each.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000, of which 10,000,000 shares shall be Common Stock with a par value of $.0001 per share (the "Common Stock") and 1,000,000 shares shall be Preferred Stock, Stock with a par value of $.01 .0001 per share, and 290,000,000 shares shall be Common share (the "Preferred Stock, par value $.01 per share").

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000, three thousand (3,000) shares of which 10,000,000 shares shall be Preferred Stock, par value $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 per share.. FIFTH: The name and address of the sole incorporator is as follows: NAME ADDRESS

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000Ten Million (10,000,000) shares, all of which 10,000,000 shares shall be Preferred Stock, par value $.01 per share, and 290,000,000 shares shall be Common Stock, with a par value of $.01 0.001 per share, and are to be of one class.

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have has the authority to issue is 300,000,000, of which 10,000,000 shares shall be Preferred Stock1,000 shares of common stock, par value $.01 0.001 per share. FIFTH: In furtherance of and not in limitation of powers conferred by statute, and 290,000,000 shares shall be Common Stock, par value $.01 per share.it is further provided that:

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have has the authority to issue is 300,000,000, of which 10,000,000 shares shall be 2,000, consisting of 1,000 shares (each, a “Preferred StockShare”) of preferred stock, par value $.01 0.001 per share, share (“Preferred Stock”) and 290,000,000 1,000 shares shall be Common Stockof common stock, par value $.01 0.001 per shareshare (“Common Stock”).

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000175,078,160 shares, consisting of which 10,000,000 (i) 142,656,279 shares shall be of Common Stock, par value $.01 per share (the "Common Stock") and (ii) 32,421,881 shares of Preferred Stock, par value $.01 per share, and 290,000,000 shares shall be Common share (the "Preferred Stock, par value $.01 per share").

FOURTH. (a) The amount of the total number authorized capital stock of this Corporation shall be up to 216,657,212 shares, divided as follows: (i) 120,000,000 shares of all classes Common Stock, par value $0.01 per share (the “Common Stock”), and (ii) 96,657,212 shares of capital stock which the Corporation shall have authority to issue is 300,000,000, of which 10,000,000 shares shall be Preferred Stock, par value $.01 0.01 per shareshare (the “Preferred Stock”), and 290,000,000 shares shall be Common Stock, par value $.01 per share.of which:

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 300,000,000, 36,000,000 of which 10,000,000 35,000,000 shares shall be Common Stock of the par value of $0.001 per share, and 1,000,000 shares shall be Preferred Stock, Stock of the par value of $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 0.001 per share.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 300,000,000, 600,000,000 of which 10,000,000 500,000,000 shares shall be Common Stock of the par value of $0.0001 per share and 100,000,000 shares shall be Preferred Stock, Stock of the par value of $.01 per share, and 290,000,000 shares shall be Common Stock, par value $.01 0.0001 per share.