Common use of Company Support Clause in Contracts

Company Support. If there is a final judicial determination before any court of competent jurisdiction that any or all of the Approval Rights are not enforceable or exercisable in any manner by SCG, whether by reason of Maryland statutory or common law or otherwise, the Company agrees to defer any action proposed by the Company which is the subject of any of the Approval Right which was so determined not to be enforceable or exercisable and SCG shall have the right to cause the Company to call a special meeting of shareholders at which meeting SCG may present an alternative slate of trustees for election (which slate may include some of the same nominees as the then current Board). The Company and SCG agree that they will each use their best efforts to prepare and file with the Commission definitive proxy material, to have such material cleared by the Commission and to mail such material to the Company's shareholders, as soon as practicable. The Company shall in any event provide SCG with a list of the shareholders of record for such meeting and a complete list of non- objecting beneficial holders and deposits in securities positions listings as of such date. The Company and SCG shall not, and their respective directors, trustees, officers, employees and agents shall not, take any action that would have the effect of delaying, preventing or impeding the special meeting of shareholders or the mailing of proxy materials in respect of such meeting, including the commencement of any action, suit or proceeding at law or in equity seeking to enjoin, delay or impede the special meeting or the mailing of proxy materials in respect of such meeting. The parties shall each bear their own costs in connection with any special meeting of shareholders pursuant to this Section 5(f); provided, that the Company shall bear all costs typically borne by companies in connection with annual meetings of shareholders.

Company Support. If there is a final judicial determination before any court of competent jurisdiction that any or all of the Approval Rights are not enforceable or exercisable in any manner by SCG, whether by reason of Maryland statutory or common law or otherwise, the Company agrees to defer any action proposed by the Company which is the subject of any of the Approval Right which was so determined not to be enforceable or exercisable and SCG shall have the right to cause the Company to call a special meeting of shareholders at which meeting SCG may present an alternative slate of trustees directors for election (which slate may include some of the same nominees as the then current Board). The Company and SCG agree that they will each use their best efforts to prepare and file with the Commission definitive proxy material, to have such material cleared by the Commission and to mail such material to the Company's shareholders, as soon as practicable. The Company shall in any event provide SCG with a list of the shareholders of record for such meeting and a complete list of non- objecting beneficial holders and deposits in securities positions listings as of such date. The Company and SCG shall not, and their respective directors, trustees, officers, employees and agents shall not, take any action that would have the effect of delaying, preventing or impeding the special meeting of shareholders or the mailing of proxy materials in respect of such meeting, including the commencement of any action, suit or proceeding at law or in equity seeking to enjoin, delay or impede the special meeting or the mailing of proxy materials in respect of such meeting. The parties shall each bear their own costs in connection with any special meeting of shareholders pursuant to this Section 5(f); provided, that the Company shall bear all costs typically borne by companies in connection with annual meetings of shareholders.

Company Support. If there is a final judicial determination before any court of competent jurisdiction that any or all of the Approval Rights are not enforceable or exercisable in any manner by SCG, whether by reason of Maryland statutory or common law or otherwise, the Company agrees to defer any action proposed by the Company which is the subject of any of the such Approval Right Rights, which was so determined not to be enforceable or exercisable and SCG shall have the right to cause the Company to call a special meeting of shareholders stockholders at which meeting SCG may present an alternative slate of trustees directors for election (which slate may include some of the same nominees as the then current Board). The Company and SCG agree that they will each use their best efforts to prepare and file with the Commission definitive proxy materialmaterials, to have such material materials cleared by the Commission and to mail such material materials to the Company's shareholdersstockholders, as soon as practicable. The Company shall in any event provide SCG with a list of the shareholders stockholders of record for such meeting and a complete list of non- non-objecting beneficial holders stockholders and deposits in securities positions listings listing as of such date. The Company and SCG shall not, and their respective directors, trustees, officers, employees and agents shall not, take any action that would have the effect of delaying, preventing or impeding the special meeting of shareholders stockholders or the mailing of proxy materials in respect of such meeting, including the commencement of any action, suit or proceeding at law or in equity seeking to enjoin, delay or impede the special meeting or the mailing of proxy materials in respect of such meeting. The parties shall each bear their own costs in connection with any special meeting of shareholders stockholders pursuant to this Section 5(f5(e); provided, that the Company shall bear all costs typically borne by companies in connection with annual meetings of shareholders.