Common use of Shares to be Retired Clause in Contracts

Shares to be Retired. Any shares of Series D Preferred Stock converted, redeemed, repurchased or otherwise acquired by the Company shall be retired and cancelled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stock, subject to reissuance by the Board of Directors as shares of preferred stock of one or more other series but not as shares of Series D Preferred Stock.

Shares to be Retired. Any shares share of Series D A Preferred Stock converted, redeemed, repurchased repurchased, converted or otherwise acquired by the Company Corporation shall be retired and cancelled canceled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stockPreferred Stock, subject to reissuance by the Board of Directors as shares of preferred stock Preferred Stock of one or more other series but not as shares of Series D A Preferred Stock.

Shares to be Retired. Any shares share of Series D B Preferred Stock converted, redeemed, repurchased repurchased, converted or otherwise acquired by the Company Corporation shall be retired and cancelled canceled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stockPreferred Stock, subject to reissuance by the Board of Directors as shares of preferred stock Preferred Stock of one or more other series but not as shares of Series D B Preferred Stock.

Shares to be Retired. Any All shares of Series D C Preferred Stock converted, redeemed, repurchased purchased or otherwise acquired redeemed by the Company Corporation or converted shall be retired and cancelled canceled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stock, subject without designation as to reissuance by the Board of Directors as shares of preferred stock of one or more other series but not as shares of Series D Preferred Stockseries.

Shares to be Retired. Any All shares of Series D B Preferred Stock converted, redeemed, repurchased purchased or otherwise acquired redeemed by the Company Corporation or converted shall be retired and cancelled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stock, subject without designation as to reissuance by the Board of Directors as shares of preferred stock of one or more other series but not as shares of Series D Preferred Stockseries.

Shares to be Retired. Any All shares of Series D F Preferred Stock converted, redeemed, repurchased purchased or otherwise acquired redeemed by the Company Corporation or converted shall be retired and cancelled canceled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stock, subject without designation as to reissuance by the Board of Directors as shares of preferred stock of one or more other series but not as shares of Series D Preferred Stockseries.

Shares to be Retired. Any shares share of Series D A Preferred Stock converted, redeemed, repurchased or otherwise acquired by the Company Corporation shall be retired and cancelled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stock, subject to reissuance by the Board of Directors as Series A Preferred Stock or shares of preferred stock Preferred Stock of one or more other series but not as shares of Series D Preferred Stockseries.

Shares to be Retired. Any All shares of Series D C Preferred Stock converted-------------------- purchased, redeemed, repurchased exchanged or otherwise acquired converted by the Company shall be retired and cancelled canceled and shall upon cancellation be restored to the status of authorized but unissued shares of the Corporation's preferred stock, subject without designation as to reissuance by the Board of Directors as shares of preferred stock of one or more other series but not as shares of Series D Preferred Stockand may thereafter be reissued.

Shares to be Retired. Any All shares of Series D Preferred Stock convertedpurchased, redeemed, repurchased exchanged or otherwise acquired converted by the Company Corporation shall be retired and cancelled canceled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stock, subject without designation as to reissuance by the Board of Directors as shares of preferred stock of one or more other series but not as shares of Series D Preferred Stockseries, and may thereafter be reissued.

Shares to be Retired. Any shares share of Series D B Preferred Stock converted, redeemed, repurchased or otherwise acquired by the Company shall be retired and cancelled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stockPreferred Stock, subject to reissuance by the Board of Directors as Series B Preferred Stock or shares of preferred stock of one or more other series but not as shares of Series D Preferred Stockseries.

Shares to be Retired. Any shares share of Series D A Preferred Stock converted, redeemed, repurchased or otherwise acquired by the Company Corporation shall be retired and cancelled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stock, subject to reissuance by the Board of Directors as shares of preferred stock of one or more other series but not as shares of Series D A Preferred Stock.

Shares to be Retired. Any All shares of Series D Preferred Stock converted, redeemed, repurchased purchased or otherwise acquired redeemed by the Company Corporation or converted shall be retired and cancelled canceled and shall upon cancellation be restored to the status of authorized but unissued shares of preferred stock, subject without designation as to reissuance by the Board of Directors as shares of preferred stock of one or more other series but not as shares of Series D Preferred Stockseries.