Common use of Senior Stock Clause in Contracts

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Stock in respect of the right to receive dividends or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation.

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) mean any shares of any class or any series of capital stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior prior to the Class E Preferred Stock in respect of the right to receive dividends or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Stock in respect of the right and/or to participate in any distribution upon liquidation, dissolution or winding up of the affairs assets other than by way of the Corporationdividends.

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) mean any class or series of stock shares of the Corporation created issued after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Series A Stock in respect of the right to receive dividends dividends, as discussed in paragraph 2 below, or (ii) any class or series of stock of assets upon the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation, as discussed in paragraph 3 below.

Senior Stock. The term "“Senior Stock" ” shall mean, as the case may be, (i) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series G Preferred Stock in respect of the right to receive dividends distributions or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series G Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation.

Senior Stock. The term "Senior Stock" shall mean, as for purposes of Section 2 below, andy class or series of stock of the case may beCorporation authorized after the Initial Issue Date ranking senior to the Series A Preferred Stock in respect of the right to receive dividends, (i) and for purposes of Section 3 below, shall mean any class or series of stock of the Corporation created authorized after the Initial Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series A Preferred Stock in respect of the right to receive dividends dividend or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the CorporationLiquidation Preference Occurrence.

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E A Preferred Stock in respect of the right to receive dividends or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E A Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation.

Senior Stock. The term "Senior Stock" shall mean, as the case may befor purposes of Section 2 below, (i) any class or series of stock of the Corporation created authorized after the Initial Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series A Preferred Stock in respect of the right to receive dividends or (ii) dividends, and for purposes of Section 3 below, shall mean any class or series of stock of the Corporation created authorized after the Initial Issue Date in accordance with subparagraph (1) of paragraph (E) ranking racking senior to the Class E Series A Preferred Stock in respect of the right to receive dividend or to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporationany Liquidation Preference Occurrence.

Senior Stock. The term "Senior Stock" shall mean, as the case may befor purposes of paragraphs 4, (i) 5, 7 and 8 below, any class or series of stock of the Corporation created issued after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class Series E Preferred Stock in respect of the right to receive dividends or (ii) dividends, and, for purposes of paragraphs 4 and 8 below, any class or series of stock of the Corporation created issued after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class Series E Preferred Stock in respect of the right to participate in any distribution receive assets upon the liquidation, dissolution or winding up of the affairs of the Corporation.

Senior Stock. The term "Senior Stock" shall mean, as mean the case may be, (i) Series A Preferred Stock of the Corporation and any other class or series of stock of the Corporation created authorized after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series A-1 Preferred Stock in respect of the right to receive dividends or (ii) payment of dividends, and for purposes of Section 3 below, shall also mean the Series A Preferred Stock of the Corporation and any other class or series of stock of the Corporation created authorized after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series A-1 Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation.

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) mean any class or series of stock of the Corporation created corporation authorized after the Series B-2 Initial Issue Date in accordance with subparagraph (1) of paragraph (E) ranking which, by its terms, ranks senior to the Class E Series B-2 Preferred Stock in respect of the right to receive dividends or (ii) dividends, and for purposes of Section 4.6.3, shall mean any class or series of stock of the Corporation created this corporation authorized after the Series B-2 Initial Issue Date in accordance with subparagraph (1) of paragraph (E) ranking which, by its terms, ranks senior to the Class E Series B-2 Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation.this corporation. 56 114

Senior Stock. The term "“Senior Stock" ” shall mean, as the case may be, : (i) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series H Preferred Stock in respect of the right to receive dividends distributions; or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series H Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation.

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) mean any class or series of stock of the Corporation corporation authorized or created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Stock in respect of the right to receive dividends or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series A Preferred Stock in respect of the right to participate in any distribution of the assets of the corporation upon the liquidation, dissolution or winding up of the affairs of the Corporationcorporation.

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E A Preferred Stock in respect of the right to receive dividends or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E A Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation.of

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) mean any class or series of stock of the Corporation created after Corporation, whether now or hereafter authorized, that by the Issue Date terms of the Certificate of Incorporation or of an instrument of the Board, acting pursuant to authority granted in accordance with subparagraph (1) the Certificate of paragraph (E) ranking Incorporation establishing such class or series, and without violation of any provision herein, shall be senior to the Class E Series C Preferred Stock in respect of the right to receive dividends or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Stock and in respect of to the right to participate in receive any distribution assets upon liquidation, dissolution or winding up of the affairs of the Corporation. The Series B Preferred Stock will be Senior Stock and is the only Senior Stock on the date hereof.

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) mean any class or series of stock of the Corporation created corporation authorized after the Series B-1 Initial Issue Date in accordance with subparagraph (1) of paragraph (E) ranking which, by its terms, ranks senior to the Class E Series B-1 Preferred Stock in respect of the right to receive dividends or (ii) dividends, and for purposes of Section 4.5.3, shall mean any class or series of stock of the Corporation created this corporation authorized after the Series B-1 Initial Issue Date in accordance with subparagraph (1) of paragraph (E) ranking which, by its terms, ranks senior to the Class E Series B-1 Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporationthis corporation.

Senior Stock. The term "“Senior Stock" ” shall mean, as the case may be, : (i) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series I Preferred Stock in respect of the right to receive dividends distributions; or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Series I Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation.

Senior Stock. The term "Senior Stock" shall mean, as the case may be, (i) mean any class or series of stock of the Corporation created authorized after the Initial Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Convertible Special Stock in respect of the right to receive dividends or (ii) any class or series of stock of the Corporation created after the Issue Date in accordance with subparagraph (1) of paragraph (E) ranking senior to the Class E Preferred Stock in respect of the right to participate in any distribution upon liquidation, dissolution or winding up of the affairs of the Corporation.