Common use of Authorization of Preferred Stock Clause in Contracts

Authorization of Preferred Stock. The Company has authorized the issuance and sale of up to 500,000 shares of its Series D Preferred Stock, $.01 par value (such Series D Preferred Stock being hereinafter referred to as the "D Stock") to be issued under the Purchase Agreement. The rights, privileges, and preferences of the D Stock are as set forth in the Company's Certificate of Amendment of Certificate of Incorporation (the "Certificate of Amendment") in the form attached to this Purchase Agreement as Exhibit "A".

Authorization of Preferred Stock. The Company has authorized the issuance and sale pursuant to this Second Addendum of up to 500,000 719,425 shares of its Series D Preferred Stock, $.01 par value Stock (such Series D Preferred Stock being hereinafter referred to as the "D StockAdditional Shares") and the issuance of Warrants to purchase 80,575 shares of Common Stock (the "Warrants") to be issued under the Purchase AgreementAdditional Purchasers. The rights, privilegespreferences, privileges and preferences restrictions of the Series D Preferred Stock are as set forth in the Company's Certificate of Amendment of Amended and Restated Certificate of Incorporation attached as Exhibit C to the Purchase Agreement (the "Certificate of AmendmentRestated Certificate") in the form attached to this Purchase Agreement as Exhibit "A").