Common use of Designation and Number of Shares Clause in Contracts

Designation and Number of Shares. The shares of such series shall be designated as “Series A Preferred Stock” (the “Series A Preferred Stock”). The number of shares initially constituting the Series A Preferred Stock shall be 1,000,000; provided, however, that, if more than a total of 1,000,000 shares of Series A Preferred Stock shall be issuable upon the exercise of Rights (the “Rights”) issued pursuant to the Rights Agreement dated as of May 4, 2009, between the Company and Mellon Investor Services LLC, a New Jersey limited liability company, as Rights Agent (the “Rights Agreement”), the Board, pursuant to Section 151(g) of the General Corporation Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A Preferred Stock authorized to be issued to be increased (to the extent that the Certificate then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.

Designation and Number of Shares. The shares of such series shall be designated as “Series A "Class One Participating Cumulative Preferred Stock” " (the “Series A "Class One Preferred Stock”"), par value $.01 per share. The number of shares initially constituting the Series A Class One Preferred Stock shall be 1,000,000; provided, however, that, if more than a total of 1,000,000 shares of Series A Class One Preferred Stock shall be issuable upon the exercise of Rights (the “"Rights”") issued pursuant to the Rights Agreement dated as of May 418, 20092001, between the Company Corporation and Mellon Investor Services LLC, a New Jersey limited liability companyRegistrar and Transfer Company, as Rights Agent (the “"Rights Agreement”"), the BoardBoard of Directors of the Corporation, pursuant to Section 151(g) 26 of Chapter 156B of the Massachusetts General Corporation Law of the State of DelawareLaws, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of said Section 103 26 thereof, providing for the total number of shares of Series A Class One Preferred Stock authorized to be issued to be increased (to the extent that the Certificate Articles of Organization then permitspermit) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.

Designation and Number of Shares. The shares of such series shall be designated as “"Series A Junior Participating Cumulative Preferred Stock" ("Series A Preferred Stock” (the “Series A Preferred Stock”"). The number of shares initially constituting the Series A Preferred Stock shall be 1,000,00022,000; provided, however, that, if more than a total of 1,000,000 22,000 shares of Series A Preferred Stock shall be at any time issuable upon the exercise of Rights (the “"Rights”") issued pursuant to the Rights Agreement Agreement, dated as of May 4February 20, 20091997, between the Company Corporation and Mellon Investor Services LLC, a New Jersey limited liability companyContinental Stock Transfer & Trust Company, as Rights Agent Agent, as amended from time to time (the “"Rights Agreement”"), the BoardBoard of Directors, pursuant to Section 151(g) of the General Corporation Law of the State of DelawareDGCL, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A Preferred Stock authorized to be issued to be increased (to the extent that the Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.of

Designation and Number of Shares. The shares of such series shall be designated as “Series A Participating Cumulative Preferred Stock” (the “Series A Preferred Stock”), par value $1.00 per share. The number of shares initially constituting the Series A Preferred Stock shall be 1,000,000250,000; provided, however, that, if more than a total of 1,000,000 250,000 shares of Series A Preferred Stock shall be issuable upon the exercise of Rights (the “Rights”) issued pursuant to the Rights Agreement dated as of May 419, 20091995, between the Company Corporation and Mellon Investor Services LLCChemical Bank, a New Jersey limited liability companyYork banking corporation, as Rights Agent (the “the” Rights Agreement”), the BoardBoard of Directors of the Corporation, pursuant to Section 151(g) of the General Corporation Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A Preferred Stock authorized to be issued to be increased (to the extent that the Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.

Designation and Number of Shares. The shares of such series shall be designated as “Series A H Preferred Stock” (the “Series A H Preferred Stock”), par value $.001 per share. The number of shares initially constituting the Series A H Preferred Stock shall be 1,000,00060,000; provided, however, that, if more than a total of 1,000,000 60,000 shares of Series A H Preferred Stock shall be issuable upon the exercise of Rights (the “Rights”) issued pursuant to the Rights Agreement dated as of May 4October 21, 20092002, between the Company Corporation and Mellon Investor Services LLC, a New Jersey limited liability companyComputershare Trust Company, as Rights Agent (the “Rights Agreement”), the BoardBoard of Directors of the Corporation, pursuant to Section 151(g151 (g) of the General Corporation Company Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A H Preferred Stock authorized to be issued to be increased (to the extent that the Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.

Designation and Number of Shares. The shares of such series shall be designated as “"Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock” (the “Series A Preferred Stock”"), par value $.01 per share. The number of shares initially constituting the Series A Preferred Stock shall be 1,000,000300,000; provided, however, that, if more than a total of 1,000,000 300,000 shares of Series A Preferred Stock shall be issuable upon the exercise of Rights (the “"Rights”") issued pursuant to the that Rights Agreement dated as of May 4, 2009, between the Company Corporation and Mellon Investor Services LLCThe Bank of New York, a New Jersey limited liability companyYork banking corporation, as Rights Agent (the “"Rights Agreement”"), the BoardBoard of Directors of the Corporation, pursuant to Section 151(g) of the General Corporation Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, recorded in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A Preferred Stock authorized to be issued to be increased (to the extent that the Restated Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.

Designation and Number of Shares. The shares of such series shall be designated as “Series A H Preferred Stock” (the “Series A H Preferred Stock”), par value $0.01 per share. The number of shares initially constituting the Series A H Preferred Stock shall be 1,000,00060,000; provided, however, that, if more than a total of 1,000,000 60,000 shares of Series A H Preferred Stock shall be issuable upon the exercise of Rights (the “Rights”) issued pursuant to the Stockholders Rights Agreement dated as of May 4October 21, 20092002, between the Company and Mellon Investor Services LLC, a New Jersey limited liability companyComputershare Trust Company, as Rights Agent (the “Rights Agreement”), the BoardBoard of Directors of the Company, pursuant to Section 151(g151 (g) of the General Corporation Company Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A H Preferred Stock authorized to be issued to be increased (to the extent that the Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.

Designation and Number of Shares. The shares of such series shall be designated as “"Series A F Preferred Stock” " (the “"Series A F Preferred Stock”"), par value $0.01 per share. The number of shares initially constituting the Series A F Preferred Stock shall be 1,000,000400,000; provided, however, that, if more than a total of 1,000,000 400,000 shares of Series A F Preferred Stock shall be issuable upon the exercise of Rights (the “"Rights”") issued pursuant to the Stockholders Rights Agreement dated as of May 4________________, 20091995, between the Company Corporation and Mellon Investor Services LLC, a New Jersey limited liability companyRegistrar and Transfer Company, as Rights Agent (the “"Rights Agreement”"), the BoardBoard of Directors of the Corporation, pursuant to Section 151(g) of the General Corporation Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A F Preferred Stock authorized to be issued to be increased (to the extent that the Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.

Designation and Number of Shares. The shares of such series shall be designated as “"Series A Junior Participating Cumulative Preferred Stock" ("Series A Preferred Stock” (the “Series A Preferred Stock”"). The number of shares initially constituting the Series A Preferred Stock shall be 1,000,00018,000; provided, however, that, if more than a total of 1,000,000 18,000 shares of Series A Preferred Stock shall be at any time issuable upon the exercise of Rights (the “"Rights”") issued pursuant to the Rights Agreement Agreement, dated as of May 4January 26, 20092000, between the Company Corporation and Mellon Investor Services LLC, a New Jersey limited liability companyContinental Stock Transfer and Trust Company, as Rights Agent Agent, as amended from time to time (the “"Rights Agreement”"), the BoardBoard of Directors, pursuant to Section 151(g) of the General Corporation Law of the State of DelawareDGCL, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A Preferred Stock authorized to be issued to be increased (to the extent that the Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) then issuable upon exercise of such Rights.

Designation and Number of Shares. The shares of such series shall be designated as “"Series A Participating Cumulative Preferred Stock" (the "Series A Preferred Stock” (the “Series A Preferred Stock”"), par value $0.01 per share. The number of shares initially constituting the Series A Preferred Stock shall be 1,000,0008,000; provided, however, that, if more than a total of 1,000,000 8,000 shares of Series A Preferred Stock shall be issuable upon the exercise of Rights (the “Rights”"Right") issued pursuant to the Rights Agreement dated as of May 4April 24, 20091997, between the Company Corporation and Mellon Investor Services LLC, a New Jersey limited liability companyThe First National Bank of Boston, as Rights Agent (the “"Rights Agreement”"), the BoardBoard of Directors of the Corporation, pursuant to Section 151(g151 (g) of the General Corporation Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged, filed and recorded, in accordance with the provisions of Section 103 thereof, providing for the total number of shares of Series A Preferred Stock authorized to be issued to be increased (to the extent that the Certificate of Incorporation then permits) to the largest number of whole shares (rounded up to the nearest whole number) issuable upon exercise of such Rights.