Common use of Parent Capitalization Clause in Contracts

Parent Capitalization. As of August 29, 2007, (i) the capital stock of Parent consists of 0 issued shares of the 50,000,000 authorized shares of the preferred stock, $0.0001 par value, and 28,872,014 issued shares of the 250,000,000 authorized shares of the common stock, $0.0001 par value. As of the Closing, the Parent Shares shall be duly authorized, validly issued, fully paid, and non-assessable.

Parent Capitalization. As of August 29, 2007, (i) the The authorized capital stock of Parent consists of 0 issued 100,000,000 shares of the 50,000,000 authorized Parent Common Stock, par value $0.01 per share, and 2,000,000 shares of the preferred stockParent Preferred Stock, par value $0.0001 par value, and 28,872,014 issued shares of the 250,000,000 authorized shares of the common stock, $0.0001 par value1.00 per share. As of the ClosingJune 18, 2004, the date of this Agreement, 11,847,280 shares of Parent Shares shall be duly authorized, validly issued, fully paid, Common Stock and non-assessableno shares of Parent preferred stock were outstanding.

Parent Capitalization. As of August 29, 2007, (i) the The authorized capital stock of Parent consists of 0 issued 10,000,000 shares of the 50,000,000 authorized shares of the preferred stock, $0.0001 par value, of which no shares are issued or outstanding; and 28,872,014 issued 75,000,000 shares of the 250,000,000 authorized Parent Common Stock, of which (a) as of November 30, 2009, 45,866,110 shares were issued and outstanding and (b) as of the common stockDecember 11, $0.0001 par value. As of the Closing2009, the Parent Shares shall be duly authorized, validly issued, fully paid, approximately 12,600,000 shares were reserved for issuance pursuant to Parent’s stock option and non-assessablestock purchase plans.

Parent Capitalization. As of August 29, 2007, (i) the The authorized capital stock of Parent consists of 0 issued 1,000,000,000 shares of the 50,000,000 authorized Parent Common Stock, of which 205,069,595 shares were issued and outstanding as of May 21, 2019 and 100,000,000 shares of the preferred stock, $0.0001 par value, of which none are issued and 28,872,014 issued outstanding as of the close of business on the day immediately preceding the date of this Agreement. All of the outstanding shares of the 250,000,000 Parent Common Stock have been duly authorized shares of the common stock, $0.0001 par value. As of the Closing, the Parent Shares shall be duly authorized, and validly issued, and are fully paid, paid and non-assessable.

Parent Capitalization. As of August 29, 2007, (i) the The authorized capital stock of Parent consists of 0 issued 1,000,000,000 shares of the 50,000,000 authorized Parent Common Stock, of which 160,563,939 shares were issued and outstanding as of October 30, 2015 and 100,000,000 shares of the preferred stock, $0.0001 par value, of which none are issued and 28,872,014 issued outstanding as of the close of business on the day immediately preceding the date of this Agreement. All of the outstanding shares of the 250,000,000 Parent Common Stock have been duly authorized shares of the common stock, $0.0001 par value. As of the Closing, the Parent Shares shall be duly authorized, and validly issued, and are fully paid, paid and non-assessable.

Parent Capitalization. As of August 29, 2007, (i) the The authorized capital stock of Parent consists of 0 issued 1,000,000,000 shares of the 50,000,000 authorized Parent Common Stock, of which 229,632,046 shares were issued and outstanding as of November 16, 2020 and 100,000,000 shares of the preferred stock, $0.0001 par value, of which none are issued and 28,872,014 issued outstanding as of the close of business on the day immediately preceding the date of this Agreement. All of the outstanding shares of the 250,000,000 Parent Common Stock have been duly authorized shares of the common stock, $0.0001 par value. As of the Closing, the Parent Shares shall be duly authorized, and validly issued, and are fully paid, paid and non-assessable.