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 H Preferred" (hereinafter referred to as "Series H Preferred"), the shares of such series shall be with par value of $.001 per share, and the number of shares constituting such series shall be 250,000; provided, however, that, if more than a total of 250,000 shares of Series H Preferred shall be issuable upon the exercise of Rights (the "Rights") issued pursuant to the Rights Agreement, dated as of July 10, 1998, between the Company and The Bank of New York, as Rights Agent (as amended from time to time) (the "Rights Agreement"), the Board of Directors, pursuant to the General Corporation Law of the State of Delaware, shall direct by resolution or resolutions that a certificate be properly executed, acknowledged and filed providing for the total number of shares of Series H Preferred 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.