Extract to table

The number of authorized shares of Common Stock or Preferred Stock may be increased or decreased (but not below the number of shares of such class then outstanding) by the affirmative vote of the holders of a majority of the voting power of the capital stock of the Corporation entitled to vote thereon, voting together as a single class, irrespective of the provisions of Section 242(b)(2) of the DGCL (or any successor provision thereto), and no separate class vote of the holders of any class of capital stock shall be required therefor, except as otherwise expressly provided in this Restated Certificate or required by applicable law

[Drafter's Note: The authorized share count must be sufficient to accommodate all outstanding and reserved shares plus the Series D issuance

Except as otherwise required by this Restated Certificate or by applicable law, the holders of Common Stock shall vote together with the holders of Preferred Stock (on an as-converted basis pursuant to Section 6

ARTICLE VI RIGHTS, PREFERENCES, AND PRIVILEGES OF PREFERRED STOCK The Preferred Stock shall have the following rights, preferences, privileges, and restrictions: Section 6

The holders of the outstanding shares of Series D Preferred Stock shall be entitled to receive cumulative dividends at the rate of eight percent (8%) per annum of the Series D Original Issue Price (as defined below) per share, accruing on a daily basis from the date of issuance of such shares, whether or not declared by the Board of Directors, and whether or not there shall be funds legally available for the payment of such dividends

Such dividends shall not be compounding