Common use of Insufficient Funds for Redemption Clause in Contracts

Insufficient Funds for Redemption. If the funds of the Corporation available for redemption of the Redeemed Shares on the Automatic Redemption Date are insufficient to redeem the Redeemed Shares on such date, the holders of Redeemed Shares shall share ratably in any funds available by law for redemption of such shares according to the respective amounts which would be payable with respect to the number of shares owned by them if the shares to be so redeemed on such Automatic Redemption Date were redeemed in full. Any Redeemed Shares that the Corporation is not able to redeem on the Automatic Redemption Date due to insufficient funds shall continue to be outstanding until redeemed and dividends on such shares shall continue to accrue and cumulate until redeemed. The Corporation shall in good faith use all reasonable efforts as expeditiously as possible to eliminate, or obtain an exception, waiver or exemption from, any and all restrictions that prevented the Corporation from paying the Redemption Price and redeeming all of the Redeemed Shares. At any time thereafter when additional funds of the Corporation are available by law for the redemption of the Redeemed Shares, such funds shall be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are available, on the basis set forth above.

Insufficient Funds for Redemption. If the funds of the Corporation available for redemption of the Redeemed Shares shares of Series D Preferred Stock on the Series D Automatic Redemption Date are insufficient to redeem in full the Redeemed Shares on such dateshares of Series D Preferred Stock, the holders of Redeemed Shares shares of Series D Preferred Stock shall share ratably in any funds available by law for redemption of such shares according to the respective amounts which would be payable with respect to the number of shares owned by them if the shares to be so redeemed on such Series D Automatic Redemption Date were redeemed in full. Any Redeemed Shares shares of Series D Preferred Stock that the Corporation is does not able to redeem on the Series D Automatic Redemption Date due to insufficient funds shall continue to be outstanding until redeemed and dividends on such shares shall continue to accrue and cumulate until redeemed. The Corporation shall in good faith use all commercially reasonable efforts as expeditiously as possible to eliminate, or obtain an exception, waiver or exemption from, any and all restrictions that prevented the Corporation from paying the Series D Redemption Price and redeeming all of the Redeemed Sharesshares of Series D Preferred Stock. At any time thereafter when additional funds of the Corporation are available by law for the redemption of the Redeemed Sharesshares of Series D Preferred Stock, such funds shall be used, at the end of the next succeeding fiscal quarter, used as promptly as practicable to redeem the balance of such shares, or such portion thereof for which funds are available, on the basis set forth above.

Insufficient Funds for Redemption. If the funds of the Corporation available for redemption of the Redeemed Shares shares of Series E Preferred Stock on the Series E Automatic Redemption Date are insufficient to redeem in full the Redeemed Shares on such dateshares of Series E Preferred Stock, the holders of Redeemed Shares shares of Series E Preferred Stock shall share ratably in any funds available by law for redemption of such shares according to the respective amounts which would be payable with respect to the number of shares owned by them if the shares to be so redeemed on such Series E Automatic Redemption Date were redeemed in full. Any Redeemed Shares shares of Series E Preferred Stock that the Corporation is does not able to redeem on the Series E Automatic Redemption Date due to insufficient funds shall continue to be outstanding until redeemed and dividends on such shares shall continue to accrue and cumulate until redeemed. The Corporation shall in good faith use all commercially reasonable efforts as expeditiously as possible to eliminate, or obtain an exception, waiver or exemption from, any and all restrictions that prevented the Corporation from paying the Series E Redemption Price and redeeming all of the Redeemed Sharesshares of Series E Preferred Stock. At any time thereafter when additional funds of the Corporation are available by law for the redemption of the Redeemed Sharesshares of Series E Preferred Stock, such funds shall be used, at the end of the next succeeding fiscal quarter, used as promptly as practicable to redeem the balance of such shares, or such portion thereof for which funds are available, on the basis set forth above.

Insufficient Funds for Redemption. If the funds of the Corporation available for redemption of the Redeemed Shares shares of Series E Preferred Stock on the Table of Contents Series E Automatic Redemption Date are insufficient to redeem in full the Redeemed Shares on such dateshares of Series E Preferred Stock, the holders of Redeemed Shares shares of Series E Preferred Stock shall share ratably in any funds available by law for redemption of such shares according to the respective amounts which would be payable with respect to the number of shares owned by them if the shares to be so redeemed on such Series E Automatic Redemption Date were redeemed in full. Any Redeemed Shares shares of Series E Preferred Stock that the Corporation is does not able to redeem on the Series E Automatic Redemption Date due to insufficient funds shall continue to be outstanding until redeemed and dividends on such shares shall continue to accrue and cumulate until redeemed. The Corporation shall in good faith use all commercially reasonable efforts as expeditiously as possible to eliminate, or obtain an exception, waiver or exemption from, any and all restrictions that prevented the Corporation from paying the Series E Redemption Price and redeeming all of the Redeemed Sharesshares of Series E Preferred Stock. At any time thereafter when additional funds of the Corporation are available by law for the redemption of the Redeemed Sharesshares of Series E Preferred Stock, such funds shall be used, at the end of the next succeeding fiscal quarter, used as promptly as practicable to redeem the balance of such shares, or such portion thereof for which funds are available, on the basis set forth above.