Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of all classes of capital stock that the Corporation is authorized to issue is 211,000 shares, consisting of 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 $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares, consisting of 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 $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares160,000,000, of which 200,000 shares10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $0.01 .01 per share, shall be designated “Series I Preferred Stock.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares300,000,000, consisting of two classes of stock designated as “Common Stock” and “which 10,000,000 shares shall be Preferred Stock”, respectively. The total number of shares of Common Stock that the Corporation is authorized to issue is 1,000 shares, par value $0.01 .01 per share. The total number of , and 290,000,000 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesshall be Common Stock, par value $0.01 .01 per share, shall be designated “Series I Preferred Stock.”

FOURTH. A. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 500,000,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of 475,000,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 .10 per share. The total number of share (the "Common Stock") and 25,000,000 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesStock, par value $0.01 .10 per share, shall be designated “Series I share (the "Preferred Stock").”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized to issue is 211,000 shares, consisting of 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 shall have authority to issue is 1,000 sharesshares common stock, par value $0.01 .01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock.”

FOURTH. A. The total number of shares of all classes of the capital stock that the Corporation of this corporation hereby authorized is authorized to issue is 211,000 shares205,891,097 divided into 5,891,097 shares of Preferred Stock without par value, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of 200,000,000 shares of Common Stock that of the Corporation is authorized to issue is 1,000 shares, par value of $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stockeach.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized corporation shall have the authority to issue is 211,000 shares25,000, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of which are divided into 10,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 .0001 per share. The total number of , and 15,000 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesStock, par value $0.01 .0001 per share, shall be designated “Series I Preferred Stock.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 150 shares, consisting all of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of which shares of shall be Common Stock that the Corporation is authorized to issue is 1,000 shares, having a par value of $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock0.01.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares275,000,000 shares of capital stock ("Capital Stock"), consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of 250,000,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 per share. The total number of share ("Common Stock"), and 25,000,000 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharespreferred stock, par value $0.01 per share, shall be designated “Series I share ("Preferred Stock").”

FOURTH. The total number of shares of all classes of capital stock that the Corporation is authorized has the authority to issue is 211,000 sharesshall be 2,000, consisting of two classes 1,000 shares (each, a “Preferred Share”) of stock designated as “Common Stock” and preferred stock, par value $0.001 per share (“Preferred Stock”, respectively. The total number of ) and 1,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharescommon stock, par value $0.01 0.001 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated share (“Series I Preferred Common Stock”).”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have the authority to issue is 211,000 shares, consisting 36,000,000 of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of which 35,000,000 shares of shall be Common Stock that of the Corporation is authorized to issue is 1,000 shares, par value of $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 0.001 per share, and 1,000,000 shares shall be designated “Series I Preferred StockStock of the par value of $0.001 per share.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares510,000,000 of which 500,000,000 shares shall be Common Stock, consisting of two classes of stock designated as par value $0.0001 per share (the “Common Stock” ”), and 10,000,000 shares shall be Preferred Stock par value $0.0001 per share (the “Preferred Stock”, respectively). The total number designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of shares each class of Common Stock that capital stock of the Corporation is authorized to issue is 1,000 shares, par value $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock.”are as follows:

FOURTH. The total number of shares of all classes of capital stock that which the ------ Corporation is authorized shall have authority to issue is 211,000 175,078,160 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of (i) 142,656,279 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 .01 per share. The total number of share (the "Common Stock") and (ii) 32,421,882 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesStock, par value $0.01 .01 per share, shall be designated “Series I share (the "Preferred Stock").”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of one thousand (1,000) shares of Common Stock that the Corporation is authorized to issue is 1,000 sharescommon stock, par value $0.01 per shareshare (Common Stock). The total number Each holder of shares Common Stock shall have one vote in respect of Preferred each share of Common Stock that held by such holder of record on the books of the Corporation is authorized on all matters on which stockholders of the Corporation are entitled to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stockvote.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares, consisting 600,000,000 of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of which 500,000,000 shares of shall be Common Stock that of the Corporation is authorized to issue is 1,000 shares, par value of $0.01 0.0001 per share and 100,000,000 shares shall be Preferred Stock of the par value of $0.0001 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 sharesFifty Million (50,000,000) shares of capital stock, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of Forty-Five Million (45,000,000) shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, each having a par value of $0.01 0.001 per share. The total number of , and Five Million (5,000,000) shares of Preferred Stock that the Corporation is authorized to issue is 210,000 sharesStock, each having a par value of $0.001 per share, of which 200,000 shares, par value $0.01 per share, One Million Sixty Thousand (1,060,000) shares shall be designated “Series I A Convertible Preferred StockStock (the "Series A Preferred").”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized corporation shall have authority to issue is 211,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of Three Thousand (3,000) shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, $0.01 par value $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stockamounting in the aggregate to Thirty Dollars ($30.00) of capital stock.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 sharesforty million (40,000,000) shares of capital stock, consisting of two classes (i) thirty five million (35,000,000) shares of stock designated as “Common Stock” common stock, par value $0.00001 per share, and (ii) five million (5,000,000) shares of preferred stock, par value $0.00001 per share (the “Preferred Stock”, respectively. The total number of shares of Common Stock that the Corporation is authorized to issue is 1,000 shares, par value $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock).”

FOURTH. The amount of the total number of shares of all classes of authorized capital stock that the of this Corporation is authorized shall be up to issue is 211,000 216,657,212 shares, consisting of two classes of stock designated divided as “Common Stock” and “Preferred Stock”, respectively. The total number of follows: (i) 120,000,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 per share. The total number of share (the “Common Stock”), and (ii) 96,657,212 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesStock, par value $0.01 per share, shall be designated share (the “Series I Preferred Stock.”), of which:

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 sharesten thousand (10,000) shares of capital stock, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of 10,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharescommon stock, each having a par value of $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of three thousand (3,000) shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 .01 per share. FIFTH: The total number name and address of shares of Preferred Stock that the Corporation sole incorporator is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock.”as follows:

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 sharesone thousand (1,000) shares of common stock having a par value of $0.01. Except as otherwise provided by law, consisting of two classes the shares 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 $0.01 per share. The total number of shares of Preferred Stock that may be issued by the Corporation is authorized from time to issue is 210,000 sharestime in such amounts, for such consideration and for such corporate purposes as the Board of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred StockDirectors may from time to time determine.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized to issue is 211,000 shares, consisting of 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 shall have authority to issue is 1,000 sharesshares of common stock, par value $0.01 per share. The total number of Except as otherwise provided by law, the shares of Preferred Stock that stock of the Corporation is authorized may be issued by the Corporation from time to issue is 210,000 sharestime in such amounts, for such consideration and for such corporate purposes as the board of which 200,000 shares, par value $0.01 per share, shall be designated directors of the Corporation (the “Series I Preferred StockBoard of Directors”) may from time to time determine.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 sharesSixty Million (60,000,000), consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of divided into Fifty Million (50,000,000) shares of Common Stock that of the Corporation is authorized to issue is 1,000 shares, par value of one cent ($0.01 0.01) per share. The total number of share and Ten Million (10,000,000) shares of Preferred Stock that of the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value of one cent ($0.01 0.01) per share, shall be designated “Series I Preferred Stock.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of 100 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharescommon stock, par value $0.01 per shareshare (“Common Stock”). The total number Each holder of shares Common Stock shall have one vote in respect of Preferred each share of Common Stock that held by such holder of record on the books of the Corporation is authorized on all matters on which stockholders of the Corporation are entitled to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stockvote.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares, consisting of 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 $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, shares shall be Common Stock with a par value of $0.01 .0001 per share, share (the "Common Stock") and 1,000,000 shares shall be designated “Series I Preferred Stock with a par value of $.0001 per share (the "Preferred Stock").”

FOURTH. The total number of shares of all classes of capital stock that the Corporation is authorized has the authority to issue is 211,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of shall be 1,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharescommon stock, par value $0.01 0.001 per share. The total number FIFTH: In furtherance of shares and not in limitation of Preferred Stock that the Corporation powers conferred by statute, it is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock.”further provided that:

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of One Hundred Million (100,000,000) shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred share (Common Stock).”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 Ten Million (10,000,000) shares, consisting all of two classes of stock designated as “which shall be 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, with a par value of $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 0.001 per share, shall and are to be designated “Series I Preferred Stockof one class.”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 175,078,160 shares, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of (i) 142,656,279 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 .01 per share. The total number of share (the "Common Stock") and (ii) 32,421,881 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesStock, par value $0.01 .01 per share, shall be designated “Series I share (the "Preferred Stock").”

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have authority to issue is 211,000 shares, 1,100,000,000 consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of (x) 1,000,000,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 shares, par value $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesStock, par value $0.01 per share, shall be and (y) 100,000,000 shares of Preferred Stock, par value $0.01, of which 1,725,000 shares are designated as 5.250% Mandatory Convertible Preferred Stock, Series A-1 (the “Series I A-1 Preferred Stock”), and the 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 that which the Corporation is authorized shall have authority to issue is 211,000 shares1,100,000,000, consisting of two classes of stock designated as “Common Stock” and “Preferred Stock”, respectively. The total number of of: (x) 1,000,000,000 shares of Common Stock that the Corporation is authorized to issue is 1,000 sharesStock, par value $0.01 per share. The total number of share (the “Common Stock”), issuable in two classes as hereinafter provided, and (y) 100,000,000 shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 sharesStock, par value $0.01 1.00 per shareshare (the “Preferred Stock”), issuable in one or more series as hereinafter provided in paragraph 11 of this Article Fourth. The Common Stock shall be designated “Series I Preferred Stock.”issuable in classes as follows:

FOURTH. The total number of shares of all classes of capital stock that which the Corporation is authorized shall have the authority to issue is 211,000 sharesFifty million shares comprised of (i) Forty Five Million (45,000,000) shares of Common Stock, consisting of two classes of stock designated as $0.0001 par value per share (“Common Stock” ”), and (ii) Five Million (5,000,000) shares of Preferred Stock, $0.0001 par value per share (“Preferred Stock”, respectively). The total number following is a statement of shares the designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of Common Stock that each class of capital stock of the Corporation is authorized to issue is 1,000 shares, par value $0.01 per share. The total number of shares of Preferred Stock that the Corporation is authorized to issue is 210,000 shares, of which 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred StockCorporation.”