Common use of Designation, Par Value and Amount Clause in Contracts

Designation, Par Value and Amount. The shares of such series shall be designated as "Series A Preferred Stock" (hereinafter referred to as "Series A Preferred Stock"), the shares of such series shall be with par value of $.01 per share, and the number of shares constituting such series shall be 500,000; provided, however, that, if more than a total of 500,000 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 29, 1997 between the Corporation and American Stock Transfer & Trust Company, as Rights Agent (as amended from time to time) (the "Rights Agreement"), the Board of Directors of the Corporation, pursuant to Section 151(a) of the Delaware General Corporation Law, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed 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 the Rights.

Designation, Par Value and Amount. The shares of such series shall be designated as "“Series A RP Preferred Stock" ” (hereinafter referred to as "“Series A RP Preferred Stock"”), the shares of such series shall be with have a par value of $.01 0.001 per share, and the number of shares constituting such series shall initially be 500,00050,000; provided, however, that, if more than a total of 500,000 50,000 shares of Series A RP Preferred Stock shall be issuable upon the exercise of Rights (the "“Rights"”) issued pursuant to the Rights Agreement, Agreement dated as of May 2919, 1997 2005 between the Corporation and American Stock Transfer & Trust Company, a New York corporation, as Rights Agent (as amended from time to time) (, the "Rights “Agreement"”), the Board of Directors of the Corporation, pursuant to Section 151(a) of the Delaware General Corporation Law, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series A RP Preferred Stock authorized to be issued to be increased (to the extent that the Amended and Restated Certificate of Incorporation then permits) to the largest number of whole shares of Series RP Preferred Stock (rounded up to the nearest whole number) issuable upon exercise of the Rights.

Designation, Par Value and Amount. The shares of such series shall be designated as "Series A RP Preferred Stock" (hereinafter referred to as "Series A Preferred StockSERIES RP PREFERRED STOCK"), the shares of such series shall be with without par value of $.01 per sharevalue, and the number of shares constituting such series shall be 500,000100,000; provided, however, that, if more than a total of 500,000 100,000 shares of Series A RP Preferred Stock shall be issuable upon the exercise of Rights (the "RightsRIGHTS") issued pursuant to the Rights Agreement, Agreement dated as of May 292, 1997 2002 between the Corporation and American Stock Transfer & Computershare Trust Company, Inc., a Colorado corporation, as Rights Agent (as amended from time to time) (, the "Rights AgreementAGREEMENT"), the Board of Directors of the Corporation, pursuant to Section 151(a) of the Delaware General Corporation Law, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series A RP 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 of Series RP Preferred Stock (rounded up to the nearest whole number) issuable upon exercise of the Rights.