Common use of Issuance of the Acquired Shares Clause in Contracts

Issuance of the Acquired Shares. (a) The Acquired Shares and the Warrant to be issued hereunder are duly authorized and, upon payment and issuance in accordance with the terms hereof and thereof, shall be free from all taxes, Liens and charges with respect to the issuance thereof. As of the Closing Date, the Company has authorized and has reserved free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Class A Common Stock equal to one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the conversion of the Acquired Shares (the “Conversion Shares”) and one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the exercise of the Warrant (the “Warrant Shares”). All actions by the Board, the Company and its stockholders necessary for the valid issuance of the Acquired Shares and the Warrant, and the Conversion Shares and the Warrant Shares pursuant to the terms of the Series I Preferred Stock and the Warrant, respectively, has been taken.

Issuance of the Acquired Shares. (a) The Acquired Shares and the Warrant to be issued hereunder are duly authorized and, upon payment and issuance in accordance with the terms hereof and thereof, shall be free from all taxes, Liens and charges with respect to the issuance thereof. As of the Closing DateAfter November 22, 2009, the Company has will have authorized and has have reserved free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Class A Common Stock equal to one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the conversion of the Acquired Shares (the “Conversion Shares”) and one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the exercise of the Warrant (the “Warrant Shares”). All actions by the Board, the Company and its stockholders necessary for the valid issuance of the Acquired Shares and the Warrant, and the Conversion Shares and the Warrant Shares pursuant to the terms of the Series I L Preferred Stock and the Warrant, respectively, has been taken.

Issuance of the Acquired Shares. (a) The Acquired Shares and the Warrant to be issued hereunder are duly authorized and, upon payment and issuance in accordance with the terms hereof and thereof, shall be free from all taxes, Liens and charges with respect to the issuance thereof. As of the Closing Date, the Company has authorized and has reserved free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Class A Common Stock equal to one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the conversion of the Acquired Shares (the “Conversion Shares”) and one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the exercise of the Warrant (the “Warrant Shares”). All actions by the Board, the Company and its stockholders necessary for the valid issuance of the Acquired Shares and the Warrant, and the Conversion Shares and the Warrant Shares pursuant to the terms of the Series I H Preferred Stock and the Warrant, respectively, has been taken.

Issuance of the Acquired Shares. (a) The Acquired Shares and the Warrant to be issued hereunder are duly authorized and, upon payment and issuance in accordance with the terms hereof and thereof, shall be free from all taxes, Liens and charges with respect to the issuance thereof. As of the Closing Date, the Company has authorized and has reserved free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Class A Common Stock equal to one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the conversion of the Acquired Shares (the “Conversion Shares”) and one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the exercise of the Warrant (the “Warrant Shares”). All actions by the Board, the Company and its stockholders necessary for the valid issuance of the Acquired Shares and the Warrant, and the Conversion Shares and the Warrant Shares pursuant to the terms of the Series I G Preferred Stock and the Warrant, respectively, has been taken.

Issuance of the Acquired Shares. (a) The Acquired Shares and the Warrant to be issued hereunder are duly authorized and, upon payment and issuance in accordance with the terms hereof and thereof, shall be free from all taxes, Liens and charges with respect to the issuance thereof. As After the Initial Conversion Date (as defined in the Certificate of Designation for the Closing DateSeries L Preferred Stock), the Company has will have authorized and has have reserved free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Class A Common Stock equal to one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the conversion of the Acquired Shares (the “Conversion Shares”) and one hundred percent (100%) of the aggregate number of shares of Class A Common Stock to effect the exercise of the Warrant (the “Warrant Shares”). All actions by the Board, the Company and its stockholders necessary for the valid issuance of the Acquired Shares and the Warrant, and the Conversion Shares and the Warrant Shares pursuant to the terms of the Series I L Preferred Stock and the Warrant, respectively, has been taken.