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These excerpts taken from the DRYS 6-K filed Nov 25, 2009. "Common
Stock"). The shares of Common Stock into which the Securities are
convertible are hereinafter collectively referred to as the " Common Stock"). The
Company has been advised that the Share Borrower will lend the borrowed shares
to Deutsche Bank Securities Inc., which will sell the borrowed shares to the
public as an underwriter (the " Common Stock." For
purposes of return of Loaned Shares by Borrower or purchase or sale of
securities pursuant to Section 4 or 10, Borrower may return securities of the
same issuer, class and quantity as the Loaned Shares as adjusted pursuant to the
two preceding sentences.
" Common Stock” means the common
stock of the Company, $0.01 par value, as it exists on the date of this
Indenture and any shares of any class or classes of capital stock of the Company
resulting from any reclassification or reclassifications thereof and which have
no preference in respect of dividends or of amounts payable in the event of any
voluntary or involuntary liquidation, dissolution or winding-up of the Company
and which are not subject to redemption by the Company; provided, however, that, if
at any time there shall be more than one such resulting class, the shares of
each such class then so issuable on conversion of Securities shall be
substantially in the proportion which the total number of shares of such class
resulting from all such reclassifications bears to the total number of shares of
all such classes resulting from all such reclassifications.
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