Common use of Issuance of Certain Fractional Shares of Preferred Stock Clause in Contracts

Issuance of Certain Fractional Shares of Preferred Stock. The Company shall not be required to issue fractions of shares of Preferred Stock (other than fractions that are integral multiples of 1/1,000ths of a share of Preferred Stock) upon exercise of the Rights or to distribute certificates which evidence fractional shares (other than fractions that are integral multiples of 1/1,000ths of a share of Preferred Stock). In lieu of fractional shares that are not integral multiples of 1/1,000ths of a share of Preferred Stock, the Company may pay to the registered holders of Rights Certificates at the time such Rights are exercised as herein provided an amount in cash equal to the same fraction of the current market value of 1/1,000ths of a share of Preferred Stock. For purposes of this Section 14(b), the current market value of 1/1,000ths of a share of Preferred Stock shall be 1/1,000ths of the closing price of a share of Preferred Stock (as determined pursuant to Section 11(d)(ii)) for the Trading Day immediately prior to the date of such exercise.

Issuance of Certain Fractional Shares of Preferred Stock. The Company shall not be required to issue fractions of shares of Preferred Stock (other than fractions that are integral multiples of 1/1,000ths of a share of Preferred Stock) upon exercise of the Rights or to distribute certificates which evidence fractional shares (other than fractions that are integral multiples of 1/1,000ths of a share of Preferred Stock). In lieu of fractional shares that are not integral multiples of 1/1,000ths of a share of Preferred Stock, the Company may pay to the registered holders of Rights Certificates at the time such Rights are exercised as herein provided an amount in cash equal to the same fraction of the current market value of 1/1,000ths of a share of Preferred Stock. For purposes of this Section SECTION 14(b), the current market value of 1/1,000ths of a share of Preferred Stock shall be 1/1,000ths of the closing price of a share of Preferred Stock (as determined pursuant to Section SECTION 11(d)(ii)) for the Trading Day immediately prior to the date of such exercise.

Issuance of Certain Fractional Shares of Preferred Stock. The Company shall not be required to issue fractions of shares of Preferred Stock (other than fractions that are integral multiples of 1/1,000ths of a share of Preferred Stock) upon exercise of the Rights or to distribute certificates which evidence fractional shares (other than fractions that are integral multiples of 1/1,000ths of a share of Preferred Stock). In lieu of fractional shares that are not integral multiples of 1/1,000ths of a share of Preferred Stock, the Company may pay to the registered holders of Rights Certificates at the time such Rights are exercised as herein provided an amount in cash equal to the same fraction of the current market value of 1/1,000ths of a share of Preferred Stock. For purposes of this Section 14(b), the current market value of 1/1,000ths of a ------------- share of Preferred Stock shall be 1/1,000ths of the closing price of a share of Preferred Stock (as determined pursuant to Section 11(d)(ii)) for the Trading ----------------- Day immediately prior to the date of such exercise.