Common use of Preferred Stock Provisions Clause in Contracts

Preferred Stock Provisions. Each one one-thousandth of a share of Series A Preferred Stock, if issued: (i) will be nonredeemable and junior to any other series of preferred stock the Company may issue (unless otherwise provided in the terms of such other series), (ii) will entitle holders to preferential cumulative quarterly dividends in an amount per share of Series A Preferred Stock equal to the greater of (a) $1 or (b) 1,000 times the aggregate the dividends, if any, declared on one share of Common Stock, (iii) will entitle holders upon liquidation (voluntary or otherwise) to receive $1,000 per share of Series A Preferred Stock plus an amount equal to accrued and unpaid dividends and distributions thereon, whether or not declared, (iv) will have the same voting power as one share of Common Stock, and (v) will entitle holders to a per share payment equal to the payment made on one share of Common Stock, if shares of the Common Stock are exchanged via merger, consolidation, or a similar transaction. Because of the nature of the Series A Preferred Stock’s dividend, liquidation and voting rights, the value of a Unit of Series A Preferred Stock purchasable upon exercise of each Right should approximate the value of one share of Common Stock.

Preferred Stock Provisions. Each one one-thousandth of a share of Series A RA Preferred Stock, if issued: (i) will be nonredeemable and junior to any other series of preferred stock the Company may issue (unless otherwise provided in the terms of such other series), (ii) will entitle holders to preferential cumulative quarterly dividends in an amount per share of Series A Preferred Stock equal to the greater of (a) $1 or (b) 1,000 times the aggregate the dividends, if any, declared on one share of Common Stock, (iii) will entitle holders upon liquidation (voluntary or otherwise) to receive $1,000 per share of Series A RA Preferred Stock plus an amount equal to accrued and unpaid dividends and distributions thereon, whether or not declared, (iv) will have the same voting power as one share of Common Stock, and (v) will entitle holders to a per share payment equal to the payment made on one share of Common Stock, if shares of the Common Stock are exchanged via merger, consolidation, or a similar transaction. Because of the nature of the Series A RA Preferred Stock’s dividend, liquidation and voting rights, the value of a Unit of Series A RA Preferred Stock purchasable upon exercise of each Right should approximate the value of one share of Common Stock.

Preferred Stock Provisions. Each one one-thousandth of a share of Series A RA Preferred Stock, if issued: (ia) will be nonredeemable and junior to any other series of preferred stock the Company may issue (unless otherwise provided in the terms of such other series), (iib) will entitle holders to preferential cumulative quarterly dividends in an amount per share of Series A Preferred Stock equal to the greater of (ai) $1 or (bii) 1,000 times the aggregate the dividends, if any, declared on one share of Common Stock, (iiic) will entitle holders upon liquidation (voluntary or otherwise) to receive $1,000 per share of Series A RA Preferred Stock plus an amount equal to accrued and unpaid dividends and distributions thereon, whether or not declared, (ivd) will have the same voting power as one share of Common Stock, and (ve) will entitle holders to a per share payment equal to the payment made on one share of Common Stock, if shares of the Common Stock are exchanged via merger, consolidation, or a similar transaction. Because of the nature of the Series A RA Preferred Stock’s dividend, liquidation and voting rights, the value of a Unit of Series A RA Preferred Stock purchasable upon exercise of each Right should approximate the value of one share of Common Stock.

Preferred Stock Provisions. Each one one-thousandth of a share of Series A B Preferred Stock, if issued: (i) will be nonredeemable and junior to any other series of preferred stock the Company may issue (unless otherwise provided in the terms of such other series), (ii) will entitle holders to preferential cumulative quarterly dividends in an amount per share of Series A B Preferred Stock equal to the greater of (a) $1 or (b) 1,000 times the aggregate the dividends, if any, declared on one share of Common Stock, (iii) will entitle holders upon liquidation (voluntary or otherwise) to receive $1,000 per share of Series A B Preferred Stock plus an amount equal to accrued and unpaid dividends and distributions thereon, whether or not declared, (iv) will have the same voting power as one share of Common Stock, and (v) will entitle holders to a per share payment equal to the payment made on one share of Common Stock, if shares of the Common Stock are exchanged via merger, consolidation, or a similar transaction. Because of the nature of the Series A B Preferred Stock’s dividend, liquidation and voting rights, the value of a Unit of Series A B Preferred Stock purchasable upon exercise of each Right should approximate the value of one share of Common Stock.

Preferred Stock Provisions. Each one one-thousandth of a share of Series A RA Preferred Stock, if issued: (ia) will be nonredeemable and junior to any other series of preferred stock the Company may issue (unless otherwise provided in the terms of such other series), (iib) will entitle holders to preferential cumulative quarterly dividends in an amount per share of Series A Preferred Stock equal to the greater of (ai) $1 or (bii) 1,000 times the aggregate of the dividends, if any, declared on one share of Common Stock, (iiic) will entitle holders upon liquidation (voluntary or otherwise) to receive $1,000 per share of Series A RA Preferred Stock plus an amount equal to accrued and unpaid dividends and distributions thereon, whether or not declared, (ivd) will have the same voting power as one share of Common Stock, and (ve) will entitle holders to a per share payment equal to the payment made on one share of Common Stock, if shares of the Common Stock are exchanged via merger, consolidation, or a similar transaction. Because of the nature of the Series A RA Preferred Stock’s dividend, liquidation and voting rights, the value of a Unit share of Series A RA Preferred Stock purchasable upon the exercise of each Right should approximate the value of one share of Common Stock.