Common use of Reacquired Shares Clause in Contracts

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designation Amendment to the Articles of Incorporation or Certificate of Determination creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued reissued, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Non-Cumulative Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock of the Corporation or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designation creating establishing a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A B Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Incorporation or in any other Certificate Certificates of Designation creating a series of Preferred Stock (or any similar stock, ) or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating F Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Corrected, Restated Certificate of Incorporation, or in any other Certificate of Designation Amendment creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A RA Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after upon the acquisition thereofthereof in accordance with the TBCA. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may thereafter be reissued issued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock of the Corporation or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating J Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued reissued, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of the Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereofsuch purchase or acquisition. All such canceled shares shall upon their cancellation thereupon become authorized but and unissued shares of Preferred Stock and may be reissued as part of a any new series of the Preferred Stock to be created by resolution or resolutions of the Board of DirectorsStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationIncorporation of the Corporation, or as amended from time to time, in any other Certificate of Designation creating a Designations establishing another series of the Preferred Stock (or any similar stock, series of any other class of capital stock of the Corporation) or as otherwise required by in any applicable law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation creating Designations establishing a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A B Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock preferred stock or any similar stock, stock of the Company or as otherwise required by law.

Reacquired Shares. Any shares of Series A B Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A B Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation, or in including any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereofthere of. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, as then amended, or in any other Certificate of Designation Determination creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designation creating establishing a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All The Company shall take all such actions as are necessary to cause all such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating establishing a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their retirement and cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate Articles of Designation Amendment creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating Designations establishing a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, herein or in the Restated Certificate of Incorporation, or in including any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in a resolution of the Board of Directors, in the Certificate of IncorporationIncorporation of the Corporation, or in any other Certificate of Designation Amendment creating a series of Preferred Stock preferred stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as shares of the same series of Preferred Stock or as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of IncorporationOrganization, or in any other Certificate vote of Designation the Board of Directors of the Corporation creating a series of Preferred Stock or any similar stockStock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after upon the acquisition thereofthereof in accordance with the CBCA. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock Stock, without designation as to series, and may thereafter be reissued issued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock of the Corporation or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereofsuch purchase or acquisition. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Preference Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Preference Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, as amended, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate certificate of Designation designations creating a series of Preferred Stock (or any similar stock, ) or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and shall resume the status they had prior to the adoption of this Certificate of Designation and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation Amendment creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever whatsoever, shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock, without designation as to series, and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationCertificate, or in any other Certificate certificate of Designation designation creating a series of Preferred Stock preferred stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall shall, upon their cancellation cancellation, become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Corporation’s Articles of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock Stock, or any similar stock, or as otherwise required restricted by law.

Reacquired Shares. Any shares of Series ----------------- A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation Designations, Preferences and Rights creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation of the Corporation (the "Certificate of Incorporation"), or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A C Junior Participating Preferred Preference Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Preference Stock and may be reissued as part of a new series of Preferred Preference Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Restated Articles of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Preference Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Amendment of Restated Certificate of Incorporation, or in any other Certificate of Designation Amendment creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, preferred stock subject to the conditions and restrictions on issuance set forth herein, in a resolution of the Board, in the Certificate of IncorporationIncorporation of the Corporation, or in any other Certificate of Designation Amendment creating a series of Preferred Stock preferred stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Corporation's Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designation Determination creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A C Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares preferred stock of Preferred Stock the Corporation and may be reissued as part of a new series of Preferred Stock preferred stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationCertificate, or in any other Certificate certificate of Designation designation creating a series of Preferred Stock preferred stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of the Series A Junior Participating B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereofsuch purchase or acquisition. All such canceled shares shall upon their cancellation thereupon become authorized but and unissued shares of Preferred Stock and may be reissued as part of a any new series of the Preferred Stock to be created by resolution or resolutions of the Board of DirectorsStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of IncorporationIncorporation of the Corporation, as amended from time to time, in any other resolution of the Board of Directors establishing another series of the Preferred Stock (or any series of any other class of capital stock of the Corporation) or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by applicable law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsDirectors of the Company, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock (or any similar stock, ) or as otherwise required by law.

Reacquired Shares. Any shares of Series A D Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating B Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued reissued, without designation as to series until such shares are once more designated as part of a new particular series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Restated Articles of Incorporation, or in any other Certificate Statement of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock preferred stock or any similar stock, stock of the Company or as otherwise required by law.

Reacquired Shares. Any shares of Series A J Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Incorporation or in any other Certificate Certificates of Designation creating a series of Preferred Stock (or any similar stock, ) or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Fifth Amended and Restated Certificate of IncorporationIncorporation of the Company, as amended, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall 4832-9196-6153v.2 upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Charter or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating establishing a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock preferred stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, preferred stock subject to the conditions and restrictions on issuance set forth herein, in a resolution of the Board of Directors, in the Certificate of IncorporationIncorporation of the Company, or in any other Certificate of Designation Amendment creating a series of Preferred Stock preferred stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or ----------------- otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as shares of Junior Preferred Stock or as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsStock, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Corporation's Articles of IncorporationOrganization, or in any other Certificate vote of Designation the Board of Directors of the Corporation creating a series of Preferred Stock or any similar stockStock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A D Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, Incorporation or in any other Certificate of Designation Amendment thereto creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating D Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designation Amendment to the Articles of Incorporation or Certificate of Determination creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock of the Corporation and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsCorporation, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All The Company shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Amended and Restated Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Restated Certificate of Incorporation, or in any other Certificate Certificates of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A A-1 Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of DirectorsBoard, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Cumulative Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may mat be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Amendment to the Certificate of Incorporation or Certificate of Designation creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Amended and Compiled Articles of Incorporation, or in any other Certificate of Designation Amendment creating a series of Preferred Stock or any similar stock, or as otherwise required by law.. A-5

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation Company in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation retirement become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the any conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate certificate of Designation designation creating a series of Preferred Stock or any similar stockStock, or as otherwise required restricted by law.

Reacquired Shares. Any shares of Series A B Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All The Corporation shall take all such actions as are necessary to cause all such shares shall upon their cancellation to become authorized but unissued shares of Preferred Stock and that may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, herein or in the Certificate of Incorporation, or in including any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock shares, without designation, and may be reissued as Common Stock or as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Amendment or Certificate of Designation creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred ----------------- Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designation Amendment to the Articles of Incorporation or Certificate of Determination creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock preferred stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled canceled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation Amendment creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating D Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate of Incorporation, or in any other Certificate of Designation creating Designation, Preferences and Rights establishing a series of Preferred Stock or any similar stock, or as otherwise required by law.

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Articles of Incorporation, Incorporation or in any other Certificate of Designation creating a series of Preferred Stock or any similar stock, or as otherwise required by law.. A-4

Reacquired Shares. Any shares of Series A Junior Participating Preferred Stock ----------------- purchased or otherwise acquired by the Corporation in any manner whatsoever shall be retired and cancelled promptly after the acquisition thereof. All such shares shall upon their cancellation become authorized but unissued shares of Preferred Stock and may be reissued as part of a new series of Preferred Stock to be created by resolution or resolutions of the Board of Directors, subject to the conditions and restrictions on issuance set forth herein, in the Certificate Corporation's Articles of Incorporation, or in any other Certificate of Designation Designations creating a series of Preferred Stock or any similar stock, stock or as otherwise required by law.