Common use of Issuance of the Common Securities; Subscription and Purchase of Debentures Clause in Contracts

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 and 8.9(a) and the Property Trustee shall deliver to the Depositor, Common Securities Certificates, registered in the name of the Depositor, evidencing an aggregate of Common Securities having an aggregate Liquidation Amount of $ , against receipt of the aggregate purchase price of such Common Securities of $ , to the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for and purchase from the Depositor the Debentures, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $ , and, in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Depositor the sum of $ (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, and (ii) the first sentence of this Section 2.5).

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 Section 5.2 and 8.9(a) and the Property Trustee shall deliver to the Depositor, Depositor Common Securities Certificates, registered in the name of the Depositor, evidencing in an aggregate amount of Common Securities having an aggregate Liquidation Amount of $ , against receipt of payment by the aggregate purchase price Depositor of such Common Securities of $ amount, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. Contemporaneously therewith, an An Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for to and purchase from the Depositor the Debentures, registered in the name of the Property Trustee on behalf Cede & Co., as nominee of the Issuer The Depository Trust Company, and having an aggregate principal amount equal to $ , and, in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Depositor the sum of $ (, such amount being the sum of the amounts delivered to the Property Trustee pursuant to (ia) the second sentence of Section 2.4, 2.4 and (iib) the first sentence of this Section 2.5).

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust AgreementDeclaration of Trust, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 and 8.9(a) and the Property Trustee shall deliver to the DepositorSponsor, Common Securities Certificates, registered in the name of the DepositorSponsor, evidencing an aggregate of 400 Common Securities having an aggregate Liquidation Amount of $ $25.00, against receipt of the aggregate purchase price of such Common Securities of $ $10,000, to by the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for and purchase from the Depositor Sponsor the Debentures, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $ $75,010,000, and, in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Depositor Sponsor the sum of $ $75,010,000 (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, and (ii) the first sentence of this Section 2.5).

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with the execution and delivery of (a) At such times as any Preferred Securities are issued this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 Section 5.02 and 8.9(a) and the Property Trustee shall deliver to the Depositor, Common Securities Certificates, registered in the name of the Depositor, evidencing in an aggregate amount of one (1) Common Securities having an Security, aggregate Liquidation Amount of $ , $1.00 per Common Security for every $1,000 in aggregate Liquidation Amount of Preferred Securities so issued against receipt of payment by the aggregate purchase price Depositor of such Common Securities of $ , to the Property Trustee. amount. (b) Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for to and purchase from the Depositor the Debentures, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $ the aggregate liquidation amount of the Preferred Securities and the Common Securities then issued, and, in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Depositor the sum of $ (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, and (ii) the first sentence of this Section 2.5)purchase price thereof.

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 Section 5.2 and 8.9(a) and the Property Trustee shall deliver to the Depositor, Depositor Common Securities Certificates, registered in the name of the Depositor, evidencing in an aggregate amount of [ ] Common Securities having an aggregate Liquidation Amount of $ , $[ ] against receipt payment by the Depositor of the an aggregate purchase price plus accrued distributions from [ , 20 ], if any, of such Common Securities of $ $[ ], which amount such Administrative Trustee shall promptly deliver to the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for to and purchase from the Depositor the Debentures, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $ $[ ], and, in satisfaction of the purchase price plus accrued interest from [ , 20 ], if any, for such Debentures, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Depositor the sum of $ $[ ] (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, 2.4 and (ii) the first sentence of this Section 2.5).

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with On the execution and delivery of this Trust AgreementClosing Date, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 Section 5.2 and 8.9(a) and the Property Trustee shall deliver to the Depositor, Depositor Common Securities Certificates, registered in the name of the Depositor, evidencing in an aggregate amount of Common Securities having an aggregate Liquidation Amount of $ , against receipt of payment by the aggregate purchase price Depositor of such Common Securities of $ amount, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for to and purchase from the Depositor the Debentures, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $ , and, in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Depositor the sum of $ (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, 2.4 and (ii) the first sentence of this Section 2.5).

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 Section 5.2 and 8.9(a) and the Property Trustee shall deliver to the Depositor, Depositor Common Securities Certificates, registered in the name of the Depositor, evidencing in an aggregate amount of ___Common Securities having an aggregate Liquidation Amount of $ , $___against receipt payment by the Depositor of the an aggregate purchase price of $___, plus accrued distributions from ___, 200_, if any, on such Common Securities of $ Securities, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for to and purchase from the Depositor the Debentures, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $ $___, and, in satisfaction of the purchase price plus accrued interest from ___, 200_, if any, for such Debentures, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Depositor the sum of $ $___(being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, 2.4 and (ii) the first sentence of this Section 2.5).

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, Section 5.3 and 8.9(a) and the Property Trustee shall deliver to the Depositor, Depositor Common Securities Certificates, registered in the name of the Depositor, evidencing in an aggregate of amount Common Securities having an aggregate Liquidation Amount of $ , $1,000,000 against receipt payment by the Depositor of the aggregate purchase price of therefor in immediately available funds, which amount such Common Securities of $ , Administrative Trustee shall promptly deliver to the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for to and purchase from the Depositor the Debentures, Debentures registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $ , and, in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Issuer Trust, $936,000,000.00 and shall deliver to the Depositor the sum of $ purchase price therefor (being (i) the sum of the amounts Series C Preferred Stock delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, and (ii) the first sentence of this Section 2.5).2.4 and

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust AgreementDeclaration of Trust, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 and 8.9(a) and the Property Trustee shall deliver to the DepositorSponsor, Common Securities Certificates, registered in the name of the DepositorSponsor, evidencing an aggregate of 400 Common Securities having an aggregate Liquidation Amount of $ $25.00, against receipt of the aggregate purchase price of such Common Securities of $ $10,000, to by the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for and purchase from the Depositor Sponsor the Debentures, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $ $125,010,000, and, in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Depositor Sponsor the sum of $ $125,010,000 (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, and (ii) the first sentence of this Section 2.5) (subject to increase pursuant to the over-allotment option contained in the Underwriting Agreement).

Issuance of the Common Securities; Subscription and Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 Section 5.2 and 8.9(a) and the Property Trustee shall deliver to the Depositor, Depositor Common Securities Certificates, registered in the name of the Depositor, evidencing in an aggregate amount of ______ Common Securities having an aggregate Liquidation Amount of $ $__________, against receipt of payment by the aggregate purchase price Depositor of such Common Securities of $ amount, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for to and purchase from the Depositor the Debentures, registered in the name of the Property Trustee on behalf Cede & Co., as nominee of the Issuer The Depository Trust Company, and having an aggregate principal amount equal to $ , $__________ and, in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Depositor the sum of $ ($__________, such amount being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, 2.4 and (ii) the first sentence of this Section 2.5).