Common use of Rights, Preferences and Restrictions of Preferred Stock Clause in Contracts

Rights, Preferences and Restrictions of Preferred Stock. The Preferred ------------------------------------------------------- Stock authorized by this Restated Certificate of Incorporation may be issued from time to time in one or more series. The first series of Preferred Stock shall be designated "Series A Preferred Stock" ------------------------ and shall consist of Four Million Four Hundred Thirty-Four Thousand One Hundred Fifty-Six (4,434,156) shares. The second series of Preferred Stock shall be designated "Series B Preferred Stock" and shall consist of Three Million Three ------------------------ Hundred One Thousand Eight Hundred Eighty-Six (3,301,886) shares. The third series of Preferred Stock shall be designated "Series C Preferred Stock" and ------------------------ shall consist of Three Million Seven Hundred Thirty-Six Thousand Forty (3,736,040) shares. The fourth series of Preferred Stock shall be designated "Series D Preferred Stock" and shall consist of Five Million (5,000,000) shares. ------------------------ The fifth series of Preferred Stock shall be designated "Series E Preferred ------------------ Stock" and shall consist of Two Million (2,000,000) shares. The rights, ----- preferences, privileges, and restrictions granted to and imposed on the Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock are as set forth below in this Article IV(B).

Rights, Preferences and Restrictions of Preferred Stock. The Preferred ------------------------------------------------------- Stock authorized by this Second Amended and Restated Certificate of Incorporation (the “Restated Certificate”) may be issued from time to time in one or more series. The first series of Preferred Stock shall be designated "“Series A Preferred Stock" ------------------------ ” and shall consist of Four Twelve Million Seven Hundred Sixty-Eight Thousand Four Hundred ThirtyNinety-Four Thousand One Hundred Fifty-Six Two (4,434,15612,768,492) shares. The second series of Preferred Stock shall be designated "as “Series B Preferred Stock" ” and shall consist of Three Thirty-One Million Three ------------------------ Thirty-Four Thousand Six Hundred One Thousand Eight Hundred EightyNinety-Six (3,301,88631,034,696) shares. The third series of Preferred Stock shall be designated "as “Series C Preferred Stock" ” and ------------------------ shall consist of Three Five Million Thirty-Seven Thousand Seven Hundred ThirtyEighty-Six Thousand Forty Four (3,736,0405,037,784) shares. The fourth series of Preferred Stock shall be designated "as “Series D C-1 Preferred Stock" ” and shall consist of Eight Million Six Hundred Sixty Thousand Five Million Hundred Seventy-Two (5,000,0008,660,572) shares. ------------------------ The fifth series of Preferred Stock shall be designated "as “Series E D Preferred ------------------ Stock" Stock and shall consist of Two Million Sixty (2,000,00060) shares. The rights, ----- preferences, privileges, and restrictions granted to and imposed on “Series Preferred Stock” when used herein shall mean the Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D C-1 Preferred Stock and Series E D Preferred Stock. The rights, preferences, privileges, and restrictions granted to and imposed on the Series Preferred Stock are as set forth below in this Article IV(B).

Rights, Preferences and Restrictions of Preferred Stock. The Preferred ------------------------------------------------------- Stock authorized by this Amended and Restated Certificate of Incorporation (the “Restated Certificate”) may be issued from time to time in one or more series. The first series One million six hundred seventy four thousand nine hundred (1,674,900) shares of Preferred Stock shall be designated "“Series A Preferred Stock" ------------------------ and shall consist of Four Million Four Hundred Thirty-Four Thousand One Hundred Fifty-Six (4,434,156) shares. The second series ”; 47,635 shares of Preferred Stock shall be designated "“Series B A-l Preferred Stock" ”; two million four hundred and shall consist of Three Million Three ------------------------ Hundred One Thousand Eight Hundred Eighty-Six fifty three thousand four hundred and fifty (3,301,8862,453,450) shares. The third series shares of Preferred Stock shall be designated "“Series C B Preferred Stock" and ------------------------ shall consist of Three Million Seven Hundred Thirty-Six Thousand Forty (3,736,040) shares. The fourth series ”; 75,500 shares of Preferred Stock shall be designated "“Series D B-x Preferred Stock" ”; and shall consist of Five Million eight hundred and eighty thousand (5,000,000880,000) shares. ------------------------ The fifth series shares of Preferred Stock shall be designated "“Series E C Preferred ------------------ Stock" and shall consist of Two Million (2,000,000) shares”. The rights, ----- preferences, privileges, and restrictions granted to and imposed on the Series A Preferred StockPreferred, Series A-l Preferred, Series B Preferred StockPreferred, Series C B-x Preferred Stock, Series D Preferred Stock and Series E C Preferred Stock are as set forth below in this Article IV(B). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed upon additional series of Preferred Stock, and the number of shares constituting any such series and the designation thereof, or of any of them.

Rights, Preferences and Restrictions of Preferred Stock. The Preferred ------------------------------------------------------- Stock authorized by this Amended and Restated Certificate of Incorporation (the “Restated Certificate”) may be issued from time to time in one or more series. The first series One million six hundred seventy four thousand nine hundred (1,674,900) shares of Preferred Stock shall be designated "“Series A Preferred Stock" ------------------------ and shall consist of Four Million Four Hundred Thirty-Four Thousand One Hundred Fifty-Six (4,434,156) shares. The second series ”; 47,635 shares of Preferred Stock shall be designated "“Series B A-l Preferred Stock" ”; two million four hundred and shall consist of Three Million Three ------------------------ Hundred One Thousand Eight Hundred Eighty-Six fifty three thousand four hundred and fifty (3,301,8862,453,450) shares. The third series shares of Preferred Stock shall be designated "“Series C B Preferred Stock" and ------------------------ shall consist of Three Million Seven Hundred Thirty-Six Thousand Forty (3,736,040) shares. The fourth series ”; 75,500 shares of Preferred Stock shall be designated "“Series D Preferred B-l Prxxxrred Stock" ”; and shall consist of Five Million eight hundred and eighty thousand (5,000,000880,000) shares. ------------------------ The fifth series shares of Preferred Stock shall be designated "“Series E C Preferred ------------------ Stock" and shall consist of Two Million (2,000,000) shares”. The rights, ----- preferences, privileges, and restrictions granted to and imposed on the Series A Preferred StockPreferred, Series A-l Preferred, Series B Preferred StockPreferred, Series C Preferred Stock, Series D Preferred Stock B-l Prxxxrred and Series E C Preferred Stock are as set forth below in this Article IV(B). The Board of Directors is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed upon additional series of Preferred Stock, and the number of shares constituting any such series and the designation thereof, or of any of them.