FOURTH: The Corporation is authorized to issue two classes of stock to be designated, respectively, preferred stock (“Preferred Stock”) and common stock (“Common Stock”). The total number of shares of stock that the Corporation is authorized to issue is 310,000,000. The total number of shares of Common Stock the Corporation shall have the authority to issue is 300,000,000. The total number of shares of Preferred Stock the Corporation shall have the authority to issue is 10,000,000. The Common Stock shall have a par value of $0.01 per share and the Preferred Stock shall have a par value of $0.01 per share.
The Board of Directors of the Corporation is expressly authorized, subject to limitations prescribed by law and the provisions of this Article Fourth, to provide for the issuance of the shares of Preferred Stock from time to time in one or more series, and by filing a certificate pursuant to the General Corporation Law of the State of Delaware, to fix the number of shares and to determine or alter for each such series, such voting powers, full or limited, or no voting powers, and such designations, preferences, and relative, participating, optional, or other rights and such qualifications, limitations, or restrictions thereof as shall be stated and expressed in the resolution or resolutions adopted by the Board of Directors providing for the issuance of such shares as may be permitted by t he General Corporation Law of the State of Delaware.
· Second: That concurrently therewith, acting by written consent, the holder of at least a majority of the issued and outstanding shares of the Corporation’s capital stock consented to the foregoing amendment in accordance with Section 228(a) of the Delaware General Corporation Law. |
