Common use of Class Voting Rights Clause in Contracts

Class Voting Rights. So long as any shares of the Series B Cumulative Convertible Preferred Stock are outstanding, the Corporation shall not, directly or indirectly, without the affirmative vote or consent of the holders of at least 66 2/3% (unless a higher percentage shall then be required by applicable law or the Corporation's Articles) of all outstanding shares of the Series B Cumulative Convertible Preferred Stock voting separately as a class: (i) amend, alter or repeal any provision of the Articles, Certificate of Vote, or the bylaws of the Corporation, if such amendment, alteration or repeal would alter the contract rights, as expressly set forth herein, of the Series B Cumulative Convertible Preferred Stock or otherwise to adversely affect the rights of the holders thereof or the holders of the Common Stock, (ii) create, authorize or issue, or amend the terms of in a manner adversely affect the rights of the holders the Series B Cumulative Convertible Preferred Stock, or reclassify shares of any authorized stock of the Corporation into, or increase the authorized amount of, any Senior Dividend Stock, Senior Liquidation Stock, Parity Dividend Stock, or Parity Liquidation Stock or any security convertible into such senior or Parity Stock, or (iii) approve a

Class Voting Rights. So long as any shares of the Series B Cumulative Convertible Preferred Stock are outstanding, in addition to any other vote required by applicable law, the Corporation shall notmay not take any of the following actions (including by means of merger, directly consolidation, reorganization, recapitalization or indirectly, otherwise) without the prior affirmative vote or written consent of the holders of Holders representing at least 66 2/3% a majority of the then issued and outstanding shares of Series B Preferred Stock, voting together as a separate class: (unless a higher percentage shall then be required by applicable law i) any amendment, alteration, repeal or other modification of any provision of the Certificate of Incorporation, this Certificate or the Corporation's Articles) of all outstanding shares By-laws that would alter or change the terms or the powers, preferences, rights or privileges of the Series B Cumulative Convertible Preferred Stock voting separately so as a class: (i) amend, alter or repeal any provision of the Articles, Certificate of Vote, or the bylaws of the Corporation, if such amendment, alteration or repeal would alter the contract rights, as expressly set forth herein, of the Series B Cumulative Convertible Preferred Stock or otherwise to adversely affect the rights of the holders thereof or the holders of the Common Stock, them adversely; (ii) createany authorization, authorize or issuecreation, or amend the terms of increase in a manner adversely affect the rights of the holders the Series B Cumulative Convertible Preferred Stock, or reclassify shares of any authorized stock of the Corporation into, or increase the authorized amount of, or issuance of any class or series of Senior Dividend Stock, Senior Liquidation Stock, Parity Dividend Stock, or Parity Liquidation Stock Securities or any security convertible into such senior or Parity Stockinto, or exchangeable or exercisable for, shares of Senior Securities; and (iii) approve aany increase or decrease in the authorized number of shares of Series B Preferred Stock (except for the cancellation and retirement of shares set forth in Section 13(b) or as necessary for the payment of Series B Preferred Dividends in kind in accordance with Section 4(a)) or the issuance of additional shares of Series B Preferred Stock (except for shares of Series B Preferred Stock issuable as payment of a Series B Preferred Dividend in accordance with Section 4).

Class Voting Rights. So long as any shares of the Series B ------------------- Cumulative Convertible Preferred Stock are outstanding, the Corporation shall not, directly or indirectly, without the affirmative vote or consent of the holders of at least 66 2/3% (unless a higher percentage shall then be required by applicable law or the Corporation's Articles) of all outstanding shares of the Series B Cumulative Convertible Preferred Stock voting separately as a class: (i) amend, alter or repeal any provision of the Articles, Certificate of Vote, or the bylaws of the Corporation, if such amendment, alteration or repeal would alter the contract rights, as expressly set forth herein, of the Series B Cumulative Convertible Preferred Stock or otherwise to adversely affect the rights of the holders thereof or the holders of the Common Stock, (ii) create, authorize or issue, or amend the terms of in a manner adversely affect the rights of the holders the Series B Cumulative Convertible Preferred Stock, or reclassify shares of any authorized stock of the Corporation into, or increase the authorized amount of, any Senior Dividend Stock, Senior Liquidation Stock, Parity Dividend Stock, or Parity Liquidation Stock or any security convertible into such senior or Parity Stock, or (iii) approve a

Class Voting Rights. So long as any shares of the Series B Cumulative Convertible Preferred Stock are outstanding, in addition to any other vote required by applicable law, the Corporation shall notmay not take any of the following actions (including by means of merger, directly consolidation, reorganization, recapitalization or indirectly, otherwise) without the prior affirmative vote or written consent of the holders of Holders representing at least 66 2/3% a majority of the then-outstanding shares of Series B Preferred Stock, voting together as a separate class: (unless a higher percentage shall then be required by applicable law i) any amendment, alteration, repeal or other modification of any provision of the Certificate of Incorporation, this Certificate or the Corporation's Articles) of all outstanding shares By-laws that would alter or change the terms or the powers, preferences, rights or privileges of the Series B Cumulative Convertible Preferred Stock voting separately so as a class: (i) amend, alter or repeal any provision of the Articles, Certificate of Vote, or the bylaws of the Corporation, if such amendment, alteration or repeal would alter the contract rights, as expressly set forth herein, of the Series B Cumulative Convertible Preferred Stock or otherwise to adversely affect the rights of the holders thereof or the holders of the Common Stock, them adversely; (ii) createany authorization, authorize or issuecreation, or amend the terms of increase in a manner adversely affect the rights of the holders the Series B Cumulative Convertible Preferred Stock, or reclassify shares of any authorized stock of the Corporation into, or increase the authorized amount of, or issuance of any class or series of Senior Dividend Stock, Senior Liquidation Stock, Parity Dividend Stock, or Parity Liquidation Stock Securities or any security convertible into such senior or Parity Stockinto, or exchangeable or exercisable for, shares of Senior Securities; and (iii) approve aany increase or decrease in the authorized number of shares of Series B Preferred Stock (except for the cancellation and retirement of shares set forth in Section 13(b) or as necessary for the payment of Series B Preferred Dividends in kind in accordance with Section 4(a)) or the issuance of additional shares of Series B Preferred Stock (except for shares of Series B Preferred Stock issuable as payment of a Series B Preferred Dividend in accordance with Section 4).