Common use of Issuances by the Company Clause in Contracts

Issuances by the Company. The shares of Preferred Stock represented by the Depositary Shares being delivered to the Underwriters at the Closing Date have been duly authorized by the Company and, when issued and delivered by the Company against payment therefor in accordance with this Agreement and the Deposit Agreement, will be validly issued, fully paid and non-assessable, and will have the rights set forth in the Company’s Articles of Organization and By-laws, as amended to the Closing Date; and the issuance of such shares of Preferred Stock will not be subject to any preemptive rights under the Articles of Organization or By-laws of the Company, as amended to the Closing Date. The Depositary Shares being delivered to the Underwriters by the Depositary at the Closing Date have been duly authorized by the Company and, when issued and delivered against payment therefor as described in the General Disclosure Package and the Final Prospectus, will be validly issued, will represent legal and valid interests in the Preferred Stock and will be entitled to the rights under, and the benefits of, the Deposit Agreement; and the Global Registered Receipt is in the form set forth in the Deposit Agreement.

Issuances by the Company. The shares of Preferred Stock represented by the Depositary Shares being delivered to the Underwriters at the Closing Date have been duly authorized by the Company and, when issued and delivered by the Company against payment therefor in accordance with this Agreement and the Deposit Agreement, will be validly issued, fully paid and non-assessable, and will have the rights set forth in the Company’s Articles of Organization and By-laws, as amended to the Closing Date; and the issuance of such shares of Preferred Stock will not be subject to any preemptive rights under the Articles of Organization or By-laws of the Company, as amended to the Closing Date. The Depositary Shares being delivered to the Underwriters by the Depositary at the Closing Date have been duly authorized by the Company and, when issued and delivered against payment therefor as described in the General Disclosure Package and the Final Prospectus, will be validly issued, will represent legal and valid interests in the Preferred Stock and will be entitled to the rights under, and the benefits of, the Deposit Agreement; and the Global Registered global Depositary Receipt is in the form set forth in the Deposit Agreement.