Common use of Preferred Rank Clause in Contracts

Preferred Rank. All shares of Common Stock shall be of junior rank to all Preferred Shares with respect to the preferences as to dividends, distributions and payments upon the liquidation, dissolution and winding up of the Company. The rights of the shares of Common Stock shall be subject to the preferences and relative rights of the Preferred Shares. Without the prior express written consent of the Required Holders, the Company shall not hereafter authorize or issue additional or other Capital Stock that is of senior or pari-passu rank to the Preferred Shares in respect of the preferences as to distributions and payments upon a Liquidation Event. The Company shall be permitted to issue preferred stock that is junior in rank to the Preferred Shares in respect of the preferences as to dividends and other distributions, amortization and redemption payments and payments upon the liquidation, dissolution and winding up of the Company, provided that the maturity date (or any other date requiring redemption or repayment (whether through a scheduled amortization, redemption or otherwise) of such preferred stock) of any such junior preferred stock is not on or before the ninety-first (91st) day following the Maturity Date. In the event of the merger or consolidation of the Company with or into another corporation, the Preferred Shares shall maintain their relative powers, designations and preferences provided for herein (except that the Preferred Shares may not be pari passu with, or junior to, any Capital Stock of the successor entity) and no merger shall result inconsistent therewith.

Preferred Rank. All shares of Common Stock Shares shall be of junior rank to all shares --------------- of Series D Preferred Shares Stock with respect to the preferences as to dividends, distributions and payments upon the liquidation, dissolution and winding up of the Company. The rights of the shares of Common Stock Shares shall be subject to the preferences and relative rights of the shares of Series D Preferred SharesStock. Without the prior express written consent of the Required Holders, the Company shall not hereafter authorize or issue additional or other Capital Stock capital shares that is are of senior or pari-passu rank to the shares of Series D Preferred Shares Stock in respect of the preferences as to distributions and payments upon a Liquidation Event. the liquidation, dissolution and winding up of the Company (collectively "SENIOR PREFERRED") The Company shall be permitted to issue preferred stock shares that is are junior in rank to the shares of Series D Preferred Shares Stock in respect of the preferences as to dividends and other distributions, amortization and redemption payments distributions and payments upon the liquidation, dissolution and winding up of the Company, provided provided, that the maturity date (or -------- any other date requiring redemption redemption, repayment or repayment (whether through a scheduled amortizationany other payment, redemption or otherwise) including without limitation, dividends, in respect of any such preferred stockshares) of any such junior preferred stock shares is not on or before the ninety-first (91st) day following 91 days after the Maturity Date. In the event of the merger or consolidation of the Company with or into another corporation, the shares of Series D Preferred Shares Stock shall maintain their relative powers, designations and preferences provided for herein (except that the shares of Series D Preferred Shares Stock may not be pari passu with, or but not junior to, any Capital Stock capital shares of the successor entity) and no merger shall result inconsistent therewith. The Series D Preferred Stock shall be junior to, and shall be subject to the preferences and relative rights of holders of the Company's Series A Preferred Stock, Series B Preferred Stock and Series C Preferred Stock as to distributions and payments upon the liquidation, dissolution and winding up of the Company.

Preferred Rank. All shares of Common Stock shall be of junior rank to all Preferred Shares with respect to the preferences as to dividends, distributions and payments upon the liquidation, dissolution and winding up of the Company. The rights of the shares of Common Stock shall be subject to the preferences and relative rights of the Preferred Shares. Without the prior express written consent of the Required Holders, the Company shall not hereafter authorize or issue additional or other Capital Stock capital stock that is of senior or pari-passu rank to the Preferred Shares in respect of the preferences as to distributions and payments upon a Liquidation Event. The Company shall be permitted to issue preferred stock that is junior in rank to the Preferred Shares in respect of the preferences as to dividends and other distributions, amortization and redemption payments distributions and payments upon the liquidation, dissolution and winding up of the Company, provided that the maturity date (or any other date requiring redemption or repayment (whether through a scheduled amortization, redemption or otherwise) of such preferred stock) of any such junior preferred stock is not on or before the ninety-first (91st) day following the Maturity Datesubject to redemption. In the event of the merger or consolidation of the Company with or into another corporation, the Preferred Shares shall maintain their relative powers, designations and preferences provided for herein (except that the Preferred Shares may not be pari passu with, or but not junior to, any Capital Stock capital stock of the successor entity) and no merger shall result inconsistent therewith.