Common use of Parent and Merger Sub Capitalization Clause in Contracts

Parent and Merger Sub Capitalization. (a) The authorized capital stock of Parent consists solely of 150,000,000 shares of Parent Common Stock, of which there were 96,856,165 shares issued and outstanding as of the close of business on the date hereof. All outstanding shares of Parent Common Stock are duly authorized, validly issued, fully paid and nonassessable and are not subject to preemptive rights 44 created by statute, the Articles of Incorporation or Bylaws of Parent or any agreement or document to which Parent is a party or by which it is bound.

Parent and Merger Sub Capitalization. (a) The authorized capital stock of Parent consists solely of 150,000,000 500,000,000 shares of Parent Common Stock, of which there were 96,856,165 105,937,482 shares issued and outstanding as of the close of business on the date hereofAugust 5, 2003, and 5,000,000 shares of Preferred Stock, par value $0.001 per share, none of which are issued or outstanding. All outstanding shares of Parent Common Stock are duly authorized, validly issued, fully paid and nonassessable and are not subject to preemptive rights 44 created by statute, the Articles Certificate of Incorporation or Bylaws of Parent or any agreement or document Contract to which Parent is a party or by which it is bound.

Parent and Merger Sub Capitalization. (a) The authorized capital stock of Parent consists solely of 150,000,000 200,000,000 shares of Parent Common Stockcommon stock, par value $0.01 per share (the "PARENT COMMON STOCK"), of which there were 96,856,165 111,920,390 shares issued and outstanding as of the close of business on the date hereofAugust 31, 2006 and 10,000,000 shares of preferred stock, par value $0.01 per share, of which no shares are issued or outstanding. All outstanding shares of Parent Common Stock are duly authorized, validly issued, fully paid and nonassessable and are not subject to preemptive rights 44 created by statute, the Articles of Incorporation or Bylaws of Parent or any agreement or document to which Parent is a party or by which it is boundnonassessable.

Parent and Merger Sub Capitalization. (a) The authorized capital stock of Parent consists solely of 150,000,000 1,000,000,000 shares of Parent Common Stock, of which there were 96,856,165 204,114,323 shares issued and outstanding as of the close of business on the date hereofSeptember 20, 2001, and 5,000,000 shares of Preferred Stock, par value $0.001 per share, none of which are issued or outstanding. All outstanding shares of Parent Common Stock are duly authorized, validly issued, fully paid and nonassessable and are not subject to preemptive rights 44 created by statute, the Articles Certificate of Incorporation or Bylaws of Parent or any agreement or document Contract to which Parent is a party or by which it is bound.

Parent and Merger Sub Capitalization. (a) The authorized capital stock of Parent consists solely of 150,000,000 200,000,000 shares of Parent Common Stock, of which there were 96,856,165 81,089,265 shares issued and outstanding as of the close of business on the date hereofNovember 30, 2003, and 15,000,000 shares of preferred stock, par value $0.001 per share, none of which are issued or outstanding. All outstanding shares of Parent Common Stock are duly authorized, validly issued, fully paid and nonassessable and are not subject to preemptive rights 44 created by statute, the Articles Certificate of Incorporation or Bylaws of Parent or any agreement or document Contract to which Parent is a party or by which it is bound.

Parent and Merger Sub Capitalization. (a) The authorized capital stock of Parent consists solely of 150,000,000 shares of Parent Common Stock, of which there were 96,856,165 shares issued and outstanding as of the close of business on the date hereof. All outstanding shares of Parent Common Stock are duly authorized, validly issued, fully paid and nonassessable and are not subject to preemptive rights 44 -38- 45 created by statute, the Articles of Incorporation or Bylaws of Parent or any agreement or document to which Parent is a party or by which it is bound.

Parent and Merger Sub Capitalization. (a) The authorized capital stock of Parent consists solely of 150,000,000 shares of Parent Common Stock, of which there were 96,856,165 shares issued and outstanding as of the close of business on the date hereof. All outstanding shares of Parent Common Stock are duly authorized, validly issued, fully paid and nonassessable and are not subject to preemptive rights 44 created by statute, the Articles of Incorporation or Bylaws of Parent or any agreement or document to which Parent is a party or by which it is bound.