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 160,000,000, of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 per share.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000300,000,000, of which 10,000,000 shares shall be Preferred Stock, par value $.01 per share, and 150,000,000 290,000,000 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 160,000,0001,000 shares of common stock, of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 0.01 per share.. FIFTH:

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000360,000,000, 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, and 150,000,000 shares shall be Common Stock, all with a Stock of the par value of $.01 .0001 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 160,000,000211,000 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 10,000,000 shares 200,000 shares, par value $0.01 per share, shall be designated “Series I Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 per share.”

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000500,000,000 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, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 .10 per shareshare (the "Preferred Stock").

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 160,000,000, of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value $0.01 per share (the “Preferred Stock”), of $.01 per share.which:

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000Ten Million (10,000,000) shares, all of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 0.001 per share, and are to be of one class.

FOURTH. (A) The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000275,000,000 shares of capital stock ("Capital Stock"), consisting of which 10,000,000 250,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be of Common Stock, all with a par value $0.01 per share ("Common Stock"), and 25,000,000 shares of preferred stock, par value $.01 0.01 per shareshare ("Preferred Stock").

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000Sixty Million (60,000,000), divided into Fifty Million (50,000,000) shares of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a Stock of the par value of one cent ($.01 0.01) per share and Ten Million (10,000,000) shares of Preferred Stock of the par value of one cent ($0.01) per share.

FOURTH. A. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000Fifty Million (50,000,000) shares of capital stock, consisting of which 10,000,000 Forty-Five Million (45,000,000) shares shall be Preferred Stock, and 150,000,000 shares shall be of Common Stock, all with each having a par value of $.01 0.001 per share, and 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 designated 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 160,000,000175,078,160 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, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 per shareshare (the "Preferred Stock").

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000, 510,000,000 of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 500,000,000 shares shall be Common Stock, all with a 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”). The designations and the powers, privileges and rights, and the qualifications, limitations or restrictions thereof in respect of $.01 per share.each class of capital stock of the Corporation are as follows:

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,0001,100,000,000 consisting of (x) 1,000,000,000 shares of Common Stock, par value $0.01 per share, and (y) 100,000,000 shares of Preferred Stock, par value $0.01, of which 10,000,000 1,725,000 shares shall be are designated as 5.250% Mandatory Convertible Preferred Stock, Series A-1 (the “Series A-1 Preferred Stock”), and 150,000,000 shares shall be Common Stock, all with a par value the remainder of $.01 per sharewhich 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 160,000,000, of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all Stock with a par value of $.01 .0001 per shareshare (the "Common Stock") and 1,000,000 shares shall be 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 which the Corporation shall have authority to issue is 160,000,0001,000 shares of common stock, of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.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 for 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 160,000,000, three thousand (3,000) shares of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.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 corporation shall have authority to issue is 160,000,000, Three Thousand (3,000) shares of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with a $0.01 par value of $.01 per share, amounting in the aggregate to Thirty Dollars ($30.00) of capital stock.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000100 shares of common stock, of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be par value $0.01 per share (“Common Stock, ”). 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 with a par value matters on which stockholders of $.01 per sharethe 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 160,000,000, 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, and 150,000,000 shares shall be Common Stock, all with a Stock of the par value of $.01 0.0001 per share.

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have has the authority to issue is 160,000,000, of which 10,000,000 shares shall be Preferred Stock1,000 shares of common stock, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 0.001 per share.. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided that:

FOURTH. The total number of shares of all classes of capital stock which the ------ Corporation shall have authority to issue is 160,000,000175,078,160 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, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 per shareshare (the "Preferred Stock").

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000ten thousand (10,000) shares of capital stock, consisting of which 10,000,000 10,000 shares shall be Preferred Stockof common stock, and 150,000,000 shares shall be Common Stock, all with each having a par value of $.01 0.01 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 160,000,0005,000,000 shares, all of which 10,000,000 are shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all of common stock with a par value of $.01 10.00 per share, resulting in an aggregate par value of $50,000,000.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000one thousand (1,000) shares of common stock, of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be par value $0.01 per share (Common Stock, ). 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 with a par value matters on which stockholders of $.01 per sharethe 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 160,000,000, one thousand (1,000) shares of which 10,000,000 shares shall be Preferred Stock, and 150,000,000 shares shall be Common Stock, all with 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 for 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 160,000,000, 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, and 150,000,000 shares shall be Common Stock, all with a Stock of the par value of $.01 0.001 per share.

FOURTH. (a) The total number of shares of all classes of capital stock which the Corporation corporation shall have the authority to issue is 160,000,00025,000, 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, and 150,000,000 shares shall be Common Stock, all with a par value of $.01 .0001 per share.

FOURTH. A. The total number of shares of all classes of the capital stock which the Corporation shall have authority to issue of this corporation hereby authorized is 160,000,000, 205,891,097 divided into 5,891,097 shares of which 10,000,000 shares shall be Preferred StockStock without par value, and 150,000,000 200,000,000 shares shall be of Common Stock, all with a Stock of the par value of $.01 per share0.01 each.

FOURTH. (a) The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,000210,000,000 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, and 150,000,000 shares shall be Common Stock, all with a Stock of the par value of $.01 .001 per share, issuable in series.

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is 160,000,0001,100,000,000, 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, and 150,000,000 shares par value $1.00 per share (the “Preferred Stock”), issuable in one or more series as hereinafter provided in paragraph 11 of this Article Fourth. The Common Stock shall be Common Stock, all with a par value of $.01 per share.issuable in classes as follows:

FOURTH. The total number of shares of all classes of capital stock which that the Corporation shall have has the authority to issue is 160,000,000, of which 10,000,000 shares shall be 2,000, consisting of 1,000 shares (each, a “Preferred Share”) of preferred stock, par value $0.001 per share (“Preferred Stock”) and 1,000 shares of common stock, and 150,000,000 shares shall be par value $0.001 per share (“Common Stock, all with a par value of $.01 per share”).

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have the authority to issue is 160,000,000Fifty 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, and 150,000,000 shares shall be Common Stock, all with a $0.0001 par value per share (“Preferred Stock”). The following is a statement of $.01 per sharethe 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.