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EFTA01382767

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S-I/A Table of Cantrell any amendment, alteration, rescission or repeal of our amended and restated bylaws by our stockholders will require the affirmative vote of the holders of at least 66 2/3% in voting power of all the then-outstanding shares of stock of the Company entitled to vote thereon, voting together as a single class. The DGCL provides generally that the affirmative vote of a majority of the outstanding shares entitled to vote thereon. voting together as a single class, is required to amend a corporation's certificate of incorporation. unless the certificate of incorporation requires a greater percentage. Our amended and restated certificate of incorporation provides that once no shares of our Class B common stock remain outstanding. the following provisions in our amended and restated certificate of incorporation may be amended, altered, repealed or rescinded only by the affirmative vote of the holders of at least 66 2/3% in voting power of all the then-outstanding shams of stock of the Company entitled to vote thereon, voting together as a single class: the provision requiring a 66 2/3% superrnajority vote for stockholders to amend our amended and restated bylaws; • the provisions providing for a classified Board (the election and term of our directors): • the provisions regarding resignation and removal of directors; • the provisions regarding competition and corporate opportunities; • the provisions regarding entering into business combinations with interested stockholders; • the provisions regarding stockholder action by written consent; • the provisions regarding calling special meetings of stockholders; • the provisions regarding filling vacancies on our Board and newly created directorships; • the provisions eliminating monetary damages for breaches of fiduciary duty by a director, and • the amendment provision requiring that the above provisions be amended only with a 66 2/3% supennajority vote. The combination of

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