Common use of Limitation on Transactions Clause in Contracts

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the Company, or (v) dividends or distributions made by a Subsidiary to a Subsidiary), and (b) neither the Guarantor nor any Subsidiary shall make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the Company, or (v) dividends or distributions made by a Subsidiary to a Subsidiaryemployees of), and (b) neither the Guarantor nor any Subsidiary shall not make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities GuaranteeGuarantee and (c) the Guarantor shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any of the Preferred Securities.

Limitation on Transactions. So long as any of the Preferred -------------------------- Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the Company, or (v) dividends or distributions made by a Subsidiary to a Subsidiary), and (b) neither the Guarantor nor any Subsidiary shall make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's ’s benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the Company, or (v) dividends or distributions made by a Subsidiary to a Subsidiary), and (b) neither the Guarantor nor any Subsidiary shall make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, or (iv) dividends or distributions made by a Subsidiary to subsidiary of the CompanyGuarantor, or (v) provided that such dividends or distributions are necessary in order for such subsidiary to qualify as a "real estate investment trust" under Sections 856 and 857 of the Code or are made by a Subsidiary to a Subsidiarythe Guarantor or to any subsidiary of the Guarantor), and (b) neither the Guarantor nor any Subsidiary shall not make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect (including the Company's Floating Rate Junior Subordinated Deferrable Interest Debentures issued to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, Coal City Capital Trust I) other than payments under this Preferred Securities Guarantee.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, or (iv) dividends or distributions made by a Subsidiary to subsidiary of the CompanyGuarantor, or (v) provided that such dividends or distributions are necessary in order for such subsidiary to qualify as a "real estate investment trust" under Sections 856 and 857 of the Code or are made by a Subsidiary to a Subsidiarythe Guarantor or to any subsidiary of the Guarantor), and (b) neither the Guarantor nor any Subsidiary shall not make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee.. 13NEXT PAGE

Limitation on Transactions. So long If (a) the Company shall exercise -------------------------- its right to defer payment of interest as any of the Preferred Securities remain outstanding, if any of the circumstances described provided in Section 5.6 of the Indenture 4.1; or (b) there shall have occurredoccurred and be continuing any Event of Default, then (ai) neither the Guarantor Company nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (iA) dividends or distributions in common stock of the Guarantor Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (iiB) purchases of common stock of the Guarantor Company related to the rights under any of the GuarantorCompany's benefit plans for its directors, officers or employees, (iiiC) as a result of a reclassification of its capital stock for another class of its capital stock, (ivD) dividends or distributions made by a Subsidiary to the Company, or (vE) dividends or distributions made by a Subsidiary to a Subsidiary), and ; (bii) neither the Guarantor Company nor any Subsidiary shall make any payment of interest, principal or interest on premium, if any, or repay, repurchase or redeem any debt securities issued by the Guarantor Company or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor Company of any debt securities if such guarantee ranks pari passu with or junior in interest to the Debentures; provided, other than however, that notwithstanding the foregoing, the Company may make payments pursuant to its obligations under this the Preferred Securities Guarantee; and (iii) the Company shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any of the Preferred Securities.

Limitation on Transactions. So long If (a) the Company shall exercise its right to defer payment of interest as any of the Preferred Securities remain outstanding, if any of the circumstances described provided in Section 5.6 of the Indenture 5.1; or (b) there shall have occurredoccurred and be continuing any Event of Default, then (ai) neither the Guarantor Company nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (iA) dividends or distributions in common stock of the Guarantor Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (iiB) purchases of common stock of the Guarantor Company related to the rights under any of the Guarantor's Company’s benefit plans for its directors, officers or employees, (iiiC) as a result of a reclassification of its capital stock for another class of its capital stock, (ivD) dividends or distributions made by a Subsidiary to the Company, or (vE) dividends or distributions made by a Subsidiary to a Subsidiary), and ; (bii) neither the Guarantor Company nor any Subsidiary shall make any payment of interest, principal or interest on premium, if any, or repay, repurchase or redeem any debt securities issued by the Guarantor Company or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor Company of any debt securities if such guarantee ranks pari passu with or junior in interest to the Debentures; provided, other than however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under this the Preferred Securities Guarantee; and (iii) the Company shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any of the Preferred Securities.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then The Guarantor covenants and agrees with each Holder that it will not (ai) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend dividends or distributions on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any shares of its the Guarantor's capital stock (which includes common and preferred stock), or (ii) make any payment of principal, interest or premium, if any, on or repay, repurchase or redeem any debt securities of the Guarantor (including Other Debentures) that rank pari passu with or junior in interest to the Securities or (iii) make any guarantee payments with respect to any guarantee by the Guarantor of debt securities of any subsidiary of the Guarantor (including Other Guarantees) if such guarantee ranks pari passu with or junior in interest to the Securities (other than (ia) dividends or distributions in common stock of the Guarantor or Guarantor, (b) any declaration of a non-cash dividend in connection with the implementation of a shareholder stockholders' rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (iic) payments under this Exchange Guarantee, (d) purchases or acquisitions of common stock of the Guarantor related to the rights under any shares of the Guarantor's common stock in connection with the satisfaction by the Guarantor of its obligations under any employee benefit plans for its directors, officers plan or employeesother contractual obligation of the Guarantor (other than a contractual obligation ranking pari passu with or junior in interest to the Securities), (iiie) as a result of a reclassification of its the Guarantor's capital stock or the exchange or conversion of one class or series of the Guarantor's capital stock for another class or series of the Guarantor's capital stock, or (ivf) dividends or distributions made by a Subsidiary the purchase of fractional interests in shares of the Guarantor's capital stock pursuant to the Companyconversion or exchange provisions of such capital stock or the security being converted or exchanged), if at such time (i) there shall have occurred an Event of Default (as defined in the Indenture), (ii) the Guarantor shall be in default with respect to its payment of any obligations under this Guarantee or (iii) the Guarantor shall have given notice of its election to begin an Extension Period (as defined in the Indenture) and shall not have rescinded such notice, or such Extension Period, or any extension thereof, shall be continuing. The Guarantor also covenants with each Holder for so long as the Securities remain outstanding (vi) dividends to maintain 100% direct or distributions made by indirect ownership of the Common Securities; provided, however, that any permitted successor of the Guarantor under the Indenture may succeed to the Guarantor's ownership of such Common Securities, (ii) not to cause or permit the dissolution, winding-up or termination of the Issuer, except (a) in connection with a Subsidiary distribution of the Junior Subordinated Debt Securities to a Subsidiary), and the holders of Capital Securities or (b) neither the Guarantor nor any Subsidiary shall make any payment of principal in connection with certain mergers, consolidations or interest on or repay, repurchase or redeem any debt securities issued amalgamations permitted by the Guarantor or any Subsidiary which rank pari passu Declaration of Trust and (iii) to use its reasonable efforts, consistent with or junior the terms and provisions of such Declaration of Trust, to cause the Debentures or make any guarantee payments with respect Trust to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guaranteeremain classified as a grantor trust and not an association taxable as a corporation for United States Federal income tax purposes.

Limitation on Transactions. So long If (i) the Company shall exercise its right to defer payment of interest as any of the Preferred Securities remain outstanding, if any of the circumstances described provided in Section 5.6 of the Indenture 4.1, or (ii) there shall have occurredoccurred and be continuing any Event of Default, then (a) neither the Guarantor nor Company shall not declare or pay, and shall not allow any of its Subsidiaries (as defined in the Indenture) shall to declare or pay pay, any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (iA) dividends or distributions in common stock of the Guarantor Company or any Subsidiary of the Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (iiB) purchases of common stock of the Guarantor Company related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iiiC) as a result of a reclassification of its capital stock for another class of its capital stock, or (ivD) payments of dividends or distributions made by a Subsidiary to the Company, or (v) dividends or distributions made by a Subsidiary to a Subsidiary), and ; (b) neither the Guarantor nor Company shall not make, or allow any Subsidiary shall make of its Subsidiaries to make, any payment of interest, principal or interest on premium, if any, or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary Company which rank pari passu PARI PASSU with or junior to the Debentures or make any guarantee payments payment with respect to any guarantee by the Guarantor Company of the debt securities of any debt securities Subsidiary of the Company if such guarantee ranks pari passu PARI PASSU with or junior in interest to the Debentures; PROVIDED, other than HOWEVER, that, notwithstanding the foregoing, the Company may make payments pursuant to its obligations under this the Preferred Securities Guarantee; and (c) the Company shall not redeem, purchase or acquire less than all of the outstanding Debentures or any of the Preferred Securities.

Limitation on Transactions. So long If (a) the Company shall exercise its right to defer payment of interest as any of the Preferred Securities remain outstanding, if any of the circumstances described provided in Section 5.6 of the Indenture 4.1; or (b) there shall have occurredoccurred and be continuing any Event of Default, then (ai) neither the Guarantor Company nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (iA) dividends or distributions in common stock of the Guarantor Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (iiB) purchases of common stock of the Guarantor Company related to the rights under any of the GuarantorCompany's benefit plans for its directors, officers or employees, (iiiC) as a result of a reclassification of its capital stock for another class of its capital stock, (ivD) dividends or distributions made by a Subsidiary to the Company, Company or (vE) dividends or distributions made by a Subsidiary to a Subsidiary), and ; (bii) neither the Guarantor Company nor any Subsidiary shall make any payment of interest, principal or interest on premium, if any, or repay, repurchase or redeem any debt securities issued by the Guarantor Company or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor Company of any debt securities if such guarantee ranks pari passu with or junior in interest to the Debentures; provided, other however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under the Guarantee; and (iii) the Company shall not redeem, purchase or acquire less than payments under this all of the Outstanding Debentures or any of the Preferred Securities GuaranteeSecurities.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the CompanyGuarantor, or (v) dividends or distributions made by a Subsidiary to a Subsidiary), and (b) neither the Guarantor nor any Subsidiary shall make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, or (iv) dividends or distributions made by a Subsidiary to subsidiary of the CompanyGuarantor, or (v) provided that such dividends or distributions made by are necessary in order for such subsidiary to qualify as a Subsidiary to a Subsidiary"real estate investment trust" under Sections 856 and 857 of the Code), and (b) neither the Guarantor nor any Subsidiary shall not make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions distribution with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the CompanyGuarantor or by a Subsidiary to a Subsidiary, or (v) dividends or distributions made by a Subsidiary which are necessary in order for such Subsidiary to qualify as a Subsidiary"real estate investment trust" under Sections 856 and 857 of the Code, or any successor section or provision applicable thereto), and (b) neither the Guarantor nor any Subsidiary shall make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture there shall have occurredoccurred an Event of Default under this Preferred Securities Guarantee, then (a) neither an Event of Default under the Guarantor nor any of its Subsidiaries Trust Agreement or during an Extended Interest Payment Period (as defined in the Indenture), then (a) the Guarantor shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the Company, or (v) dividends or distributions made by a Subsidiary to a Subsidiary), and (b) neither the Guarantor nor any Subsidiary shall not make any payment of interest or principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee, and (c) the Guarantor shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any of the Preferred Securities; provided, however, that notwithstanding the foregoing, during an Extended Interest Payment Period, the Guarantor may make: (i) dividends or distributions payable in common stock of the Guarantor; (ii) any declaration of a dividend in connection with the implementation of a stockholder rights plan, any issuance under any such plan, or the repurchase or redemption of any such rights pursuant thereto; and (iii) purchases of common stock of the Guarantor in connection with the distribution or sale of shares of Guarantor common stock pursuant to the benefit plans of the Guarantor and any subsidiary for its directors, officers or employees.

Limitation on Transactions. So long If (a) the Company shall exercise its right to defer payment of interest as any of the Preferred Securities remain outstanding, if any of the circumstances described provided in Section 5.6 of the Indenture 4.1; or (b) there shall have occurredoccurred and be continuing any Event of Default, then (ai) neither the Guarantor Company nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (iA) dividends or distributions in common stock of the Guarantor Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (iiB) purchases of common stock of the Guarantor Company related to the rights under any of the Guarantor's Company’s benefit plans for its directors, officers or employees, (iiiC) as a result of a reclassification of its capital stock for another class of its capital stock, (ivD) dividends or distributions made by a Subsidiary to the Company, or (vE) dividends or distributions made by a Subsidiary to a Subsidiary), and ; (bii) neither the Guarantor Company nor any Subsidiary shall make any payment of interest, principal or interest on premium, if any, or repay, repurchase or redeem any debt securities issued by the Guarantor Company or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor Company of any debt securities if such guarantee ranks pari passu with or junior in interest to the Debentures; provided, other than however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under this the Preferred Securities Guarantee; and (iii) the Company shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any of the Preferred Securities.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the CompanyGuarantor, or (v) dividends or distributions made by a Subsidiary to a SubsidiarySubsidiary or (vi) dividends or distributions payable on the currently outstanding preferred stock of D & N Capital Corporation, a Subsidiary of Guarantor), and (b) neither the Guarantor nor any Subsidiary shall make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 12.10 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor Guarantor, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the Company, or (v) dividends or distributions made by a Subsidiary to a Subsidiary), and (b) neither the Guarantor nor any Subsidiary shall not make any payment of principal (and premium, if any) or interest on or repay, repurchase or redeem any debt securities (including guarantees) issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, Debt Securities other than payments under this Preferred Securities GuaranteeGuarantee and (c) the Guarantor shall not redeem, purchase or acquire less than all of the Outstanding Debt Securities or any of the Preferred Securities.

Limitation on Transactions. So long If (i) the Company shall exercise its right to defer payment of interest as any of the Preferred Securities remain outstanding, if any of the circumstances described provided in Section 5.6 of the Indenture 4.1, or (ii) there shall have occurredoccurred and be continuing any Event of Default, then (a) neither the Guarantor nor Company shall not declare or pay, and shall not allow any of its Subsidiaries (as defined in the Indenture) shall to declare or pay pay, any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (iA) dividends or distributions in common stock of the Guarantor Company or any Subsidiary of the Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (iiB) purchases of common stock of the Guarantor Company related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iiiC) as a result of a reclassification of its capital stock for another class of its capital stock, or (ivD) payments of dividends or distributions made by a Subsidiary to the Company, or (v) dividends or distributions made by a Subsidiary to a Subsidiary), and ; (b) neither the Guarantor nor Company shall not make, or allow any Subsidiary shall make of its Subsidiaries to make, any payment of interest, principal or interest on premium, if any, or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary Company which rank pari passu with or junior to the Debentures or make any guarantee payments payment with respect to any guarantee by the Guarantor Company of the debt securities of any debt securities Subsidiary of the Company if such guarantee ranks pari passu with or junior in interest to the Debentures; provided, other than however, that, notwithstanding the foregoing, the Company may make payments pursuant to its obligations under this the Preferred Securities Guarantee; and (c) the Company shall not redeem, purchase or acquire less than all of the outstanding Debentures or any of the Preferred Securities.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) neither the Guarantor nor any of its Subsidiaries (as defined in the Indenture) shall declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash non‑cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees, (iii) as a result of a reclassification of its capital stock, (iv) dividends or distributions made by a Subsidiary to the Company, or (v) dividends or distributions made by a Subsidiary to a Subsidiary), and (b) neither the Guarantor nor any Subsidiary shall make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor or any Subsidiary which rank pari passu with or junior to the Debentures or make any guarantee payments with respect to any guarantee by the Guarantor of any debt securities if such guarantee ranks pari passu or junior in interest to the Debentures, other than payments under this Preferred Securities Guarantee.