Common use of Amendments to Charter Clause in Contracts

Amendments to Charter. The Company shall not amend its Articles of Incorporation without the approval, by vote or written consent, by the holders of at least a majority of the then outstanding shares of Preferred Stock, if such amendment would amend any of the rights, preferences, privileges of or limitations provided for herein for the benefit of any shares of Preferred Stock. Without limiting the generality of the preceding sentence, the Company shall not amend its Articles of Incorporation without the approval by the holders of at least a majority of the then outstanding shares of Preferred Stock if such amendment would: (i) change the relative seniority rights of the holders of Preferred Stock as to the payment of dividends in relation to the holders of any other capital stock of the Company, or create any other class or series of capital stock entitled to seniority as to the payment of dividends in relation to the holders of Preferred Stock; (ii) reduce the amount payable to the holders of Preferred Stock upon the voluntary or involuntary liquidation, dissolution or winding up of the Company, or change the relative seniority of the liquidation preferences of the holders of Preferred Stock to the rights upon liquidation of the holders of other capital stock of the Company, or change the dividend rights of the holders of Preferred Stock; (iii) cancel or modify the conversion rights of the holders of Preferred Stock provided for in Section 5 herein; (iv) cancel or modify the redemption rights of the holders of the Preferred Stock provided for in Section 7 herein; or (v) cancel or modify the rights of the holders of the Preferred Stock provided for in this Section 8.

Amendments to Charter. The Company Corporation shall not amend its Articles certificate of Incorporation incorporation or designate any class or series of preferred stock without the approval, by vote or written consent, approval by the holders Holders of at least a majority 70% of the then outstanding shares of Preferred Stock, if such amendment would amend any of the rights, preferences, privileges of or limitations provided for herein for the benefit of any shares of Preferred Stock. Without limiting the generality of the preceding sentence, the Company shall not amend its Articles of Incorporation without the approval by the holders of at least a majority of the then outstanding shares of Series D Preferred Stock if such amendment would: (i) change the relative seniority rights of the holders Holders of Series D Preferred Stock as to the payment of dividends or in any payment on liquidation in relation to the holders of any other capital stock of the CompanyCorporation, or create any other class or series of capital stock entitled to parity or seniority as to the payment of dividends or any payment on liquidation in relation to the holders Holders of Series D Preferred Stock; (ii) reduce the amount payable to the holders Holders of Series D Preferred Stock upon the voluntary or involuntary liquidation, dissolution or winding up of the CompanyCorporation, or change the relative seniority of the liquidation preferences of the holders Holders of Series D Preferred Stock to the rights upon liquidation of the holders of other capital stock of the CompanyCorporation, or change the dividend rights of the holders Holders of Series D Preferred Stock or otherwise change the rights of the Holders of the Series D Preferred Stock under this Certificate to Set Forth Designations, Preferences and Rights of Series D 24% Cumulative Preferred Stock, $0.01 par value per share (the “Certificate of Designations of Series D Preferred Stock”); (iii) cancel or modify the conversion rights of the holders Holders of Preferred Stock provided for in Section 5 herein; (iv) cancel or modify the redemption rights of the holders of the Preferred Stock provided for in Section 7 herein; or (v) cancel or modify the rights of the holders of the Series D Preferred Stock provided for in this Section 85.

Amendments to Charter. The Company Corporation shall not amend its Articles of Incorporation without the approval, by vote or written consent, by the holders of at least a majority of the then outstanding shares of Preferred Stock, voting together as a separate class, if such amendment would amend any of the rights, preferences, privileges of or limitations provided for herein for the benefit of any shares of Preferred Stock. Without limiting the generality of the preceding sentence, the Company shall Corporation will not amend its Articles of Incorporation without the approval by the holders of at least a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a separate class, if such amendment would: (i) change the relative seniority rights of the holders of Preferred Stock as to the payment of dividends in relation to the holders of any other capital stock of the CompanyCorporation, or create any other class or series of capital stock entitled to seniority as to the payment of dividends in relation to the holders of Preferred Stock; (ii) reduce the amount payable to the holders of Preferred Stock upon the voluntary or involuntary liquidation, dissolution or winding up of the CompanyCorporation, or change the relative seniority of the liquidation preferences of the holders of Preferred Stock to the rights upon liquidation of the holders of other capital stock of the CompanyCorporation, or change the dividend rights of the holders of Preferred Stock; (iii) cancel or modify the conversion rights of the holders of Preferred Stock provided for in Section 5 herein; (iv) cancel or modify the redemption rights of the holders of the Preferred Stock provided for in Section 7 6 herein; or (viv) cancel or modify the rights of the holders of the Preferred Stock provided for in this Section 87.