Common use of Lists of Receipt Holders Clause in Contracts

Lists of Receipt Holders. Reasonably promptly upon request from time to time by the Corporation, at the sole expense of the Corporation, the Depositary shall furnish to it a list, as of the most recent practicable date, of the names, addresses and holdings of Depositary Shares of all registered Holders of Receipts. ARTICLE V THE DEPOSITARY, THE DEPOSITARY’S AGENTS, THE REGISTRAR AND THE CORPORATION Section 5.1 Maintenance of Offices, Agencies and Transfer Books by the Depositary; Registrar. Upon execution of this Deposit Agreement, the Depositary shall maintain at the Depositary’s Office, facilities for the execution and delivery, registration and registration of transfer, surrender and exchange of Receipts, and at the offices of the Depositary’s Agents, if any, facilities for the delivery, registration of transfer, surrender and exchange of Receipts, all in accordance with the provisions of this Deposit Agreement. The Registrar shall keep books at the Depositary’s Office for the registration and transfer of Receipts. Upon direction by the Corporation and with reasonable notice to the Registrar, the Depositary shall open its books for inspection by the Record Holders of Receipts as directed by the Corporation; provided that any Holder shall be granted such right by the Corporation only after certifying that such inspection shall be for a proper purpose reasonably related to such person’s interest as an owner of Depositary Shares evidenced by the Receipts. The Registrar may close such books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder, or because of any requirement of law or any government, governmental body or commission, stock exchange or any applicable self-regulatory body. If the Receipts or the Depositary Shares evidenced thereby or the Series W Preferred Stock represented by such Depositary Shares shall be listed on one or more national securities exchanges, the Corporation will appoint a Registrar for registration of the Receipts or Depositary Shares in accordance with any requirements of such exchange. Such Registrar (which may be the Depositary if so permitted by the requirements of any such exchange) may be removed and a substitute registrar appointed by the Corporation. If the Receipts, Depositary Shares or Series W Preferred Stock are listed on one or more other securities exchanges, the Registrar will, at the request of the Corporation, arrange such facilities for the delivery, registration, registration of transfer, surrender and exchange of the Receipts, Depositary Shares or Series W Preferred Stock as may be required by law or applicable securities exchange regulation.

Lists of Receipt Holders. Reasonably promptly upon request from time to time by the Corporation, at the sole expense of the Corporation, the Depositary shall furnish to it a list, as of the most recent practicable date, of the names, addresses and holdings of Depositary Shares of all registered Holders of Receipts. ARTICLE V THE DEPOSITARY, THE DEPOSITARY’S AGENTS, THE REGISTRAR AND THE CORPORATION Section 5.1 Maintenance of Offices, Agencies and Transfer Books by the Depositary; Registrar. Upon execution of this Deposit Agreement, the Depositary shall maintain at the Depositary’s Office, facilities for the execution and delivery, registration and registration of transfer, surrender and exchange of Receipts, and at the offices of the Depositary’s Agents, if any, facilities for the delivery, registration of transfer, surrender and exchange of Receipts, all in accordance with the provisions of this Deposit Agreement. The Registrar shall keep books at the Depositary’s Office for the registration and transfer of Receipts. Upon direction by the Corporation and with reasonable notice to the Registrar, the Depositary shall open its books for inspection by the Record Holders of Receipts as directed by the Corporation; provided that any Holder shall be granted such right by the Corporation only after certifying that such inspection shall be for a proper purpose reasonably related to such person’s interest as an owner of Depositary Shares evidenced by the Receipts. The Registrar may close such books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder, or because of any requirement of law or any government, governmental body or commission, stock exchange or any applicable self-regulatory body. If the Receipts or the Depositary Shares evidenced thereby or the Series W T Preferred Stock represented by such Depositary Shares shall be listed on one or more national securities exchanges, the Corporation will appoint a Registrar for registration of the Receipts or Depositary Shares in accordance with any requirements of such exchange. Such Registrar (which may be the Depositary if so permitted by the requirements of any such exchange) may be removed and a substitute registrar appointed by the Corporation. If the Receipts, Depositary Shares or Series W T Preferred Stock are listed on one or more other securities exchanges, the Registrar will, at the request of the Corporation, arrange such facilities for the delivery, registration, registration of transfer, surrender and exchange of the Receipts, Depositary Shares or Series W T Preferred Stock as may be required by law or applicable securities exchange regulation.

Lists of Receipt Holders. Reasonably promptly upon request from time to time by the Corporation, at the sole expense of the Corporation, the Depositary shall furnish to it a list, as of the most recent practicable date, of the names, addresses and holdings of Depositary Shares of all registered Holders of Receipts. ARTICLE V THE DEPOSITARY, THE DEPOSITARY’S AGENTS, THE REGISTRAR AND THE CORPORATION Section 5.1 Maintenance of Offices, Agencies and Transfer Books by the Depositary; Registrar. Upon execution of this Deposit Agreement, the Depositary shall maintain at the Depositary’s Office, facilities for the execution and delivery, registration and registration of transfer, surrender and exchange of Receipts, and at the offices of the Depositary’s Agents, if any, facilities for the delivery, registration of transfer, surrender and exchange of Receipts, all in accordance with the provisions of this Deposit Agreement. The Registrar shall keep books at the Depositary’s Office for the registration and transfer of Receipts. Upon direction by the Corporation and with reasonable notice to the Registrar, the Depositary shall open its books for inspection by the Record Holders of Receipts as directed by the Corporation; provided that any Holder shall be granted such right by the Corporation only after certifying that such inspection shall be for a proper purpose reasonably related to such person’s interest as an owner of Depositary Shares evidenced by the Receipts. The Registrar may close such books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder, or because of any requirement of law or any government, governmental body or commission, stock exchange or any applicable self-regulatory body. If the Receipts or the Depositary Shares evidenced thereby or the Series W V Preferred Stock represented by such Depositary Shares shall be listed on one or more national securities exchanges, the Corporation will appoint a Registrar for registration of the Receipts or Depositary Shares in accordance with any requirements of such exchange. Such Registrar (which may be the Depositary if so permitted by the requirements of any such exchange) may be removed and a substitute registrar appointed by the Corporation. If the Receipts, Depositary Shares or Series W V Preferred Stock are listed on one or more other securities exchanges, the Registrar will, at the request of the Corporation, arrange such facilities for the delivery, registration, registration of transfer, surrender and exchange of the Receipts, Depositary Shares or Series W V Preferred Stock as may be required by law or applicable securities exchange regulation.

Lists of Receipt Holders. Reasonably promptly Promptly upon request from time to time by the Corporation, at the sole expense of the CorporationCompany, the Depositary shall furnish to it a list, as of the most a recent practicable date, of the names, addresses and holdings of Depositary Shares of all persons in whose names Receipts are registered Holders on the books of Receiptsthe Depositary, any Depositary's Agent or the Registrar. At the expense of the Company, the Company shall have the right to inspect transfer and registration records of the Depositary, any Depositary's Agent or the Registrar, take copies thereof and require the Depositary, any Depositary's Agent or the Registrar to supply copies of such portions of such records as the Company may request. ARTICLE V THE DEPOSITARY, THE DEPOSITARY’S 'S AGENTS, THE REGISTRAR AND THE CORPORATION COMPANY Section 5.1 5.1. Maintenance of Offices, Agencies and Agencies, Transfer Books by the Depositary; the Registrar. Upon execution of this Deposit AgreementAgreement in accordance with its terms, the Depositary shall maintain (i) at the Depositary’s Office, Corporate Office facilities for the execution and delivery, registration and registration, registration of transfer, surrender surrender, split-up, combination, redemption and exchange conversion of ReceiptsReceipts and deposit and withdrawal of Stock, and (ii) at the offices of the Depositary’s 's Agents, if any, facilities for the delivery, registration, registration of transfer, surrender surrender, split-up, combination, redemption and exchange conversion of ReceiptsReceipts and deposit and withdrawal of Stock, all in accordance with the provisions of this Deposit Agreement. The Registrar Depositary, acting as transfer agent and Registrar, shall keep books at the Depositary’s Corporate Office for the registration and transfer of Receipts. Upon direction by the Corporation and with , which books at all reasonable notice to the Registrar, the Depositary times shall be open its books for inspection by the Record Holders record holders of Receipts as directed by the CorporationReceipts; provided that any Holder shall be granted such holder requesting to exercise such right by shall certify to the Corporation only after certifying Depositary that such inspection shall be for a proper purpose reasonably related to such person’s 's interest as an owner of Depositary Shares evidenced by the ReceiptsShares. The Registrar Depositary shall consult with the Company upon receipt of any request for inspection. The Depositary may close such books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder, or because of any requirement of law or any government, governmental body or commission, stock exchange or any applicable self-regulatory body. If the Receipts or the Depositary Shares evidenced thereby or the Series W Preferred Stock represented by such Depositary Shares shall be listed on one or more national securities exchanges, the Corporation will Depositary shall, with the approval of the Company, appoint a Registrar for registration registry of the such Receipts or Depositary Shares in accordance with any the requirements of such exchangeexchange or exchanges. Such Registrar (which may be the Depositary if so permitted by the requirements of any such exchangeexchange or exchanges) may be removed and a substitute registrar Registrar appointed by the CorporationDepositary upon the request or with the approval of the Company. If In addition, if the Receipts, such Depositary Shares or Series W Preferred such Stock are listed on one or more other securities exchanges, the Registrar Depositary will, at the request of the CorporationCompany, arrange such facilities for the delivery, registration, registration of transfer, surrender surrender, split-up, combination, redemption and exchange conversion of the such Receipts, such Depositary Shares or Series W Preferred such Stock as may be required by law or applicable securities security exchange regulationregulations. Section 5.2. Prevention or Delay in Performance by the Depositary, the Depositary's Agents, the Registrar or the Company. Neither the Depositary nor any Depositary's Agent nor the Registrar nor the Company shall incur any liability to any holder of any Receipt, if by reason of any provision of any present or future law or regulation thereunder of the United States of America or of any other governmental authority or of any provision, present or future, of the Certificate of Incorporation or the applicable Certificate of Designation or by reason of any act of god or war or other circumstances beyond the control of the relevant party, the Depositary, any Depositary's Agent, the Registrar or the Company shall be prevented or forbidden from doing or performing any act or thing that the terms of this Deposit Agreement provide shall be done or performed; nor shall the Depositary, any Depositary's Agent, the Registrar or the Company incur any liability to any holder of a Receipt (i) by reason of any nonperformance or delay, caused as aforesaid, in the performance of any act or thing that the terms of this Deposit Agreement provide shall or may be done or performed, or (ii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement except, in the case of the Depositary, any Depositary's Agent or the Registrar, if any such exercise or failure to exercise discretion is caused by its negligence or willful misconduct.

Lists of Receipt Holders. Reasonably promptly Promptly upon request from time to time by the Corporation, at the sole expense of the CorporationCompany, the Depositary shall furnish to it a list, as of the most a recent practicable date, of the names, addresses and holdings of Depositary Shares of all persons in whose names Receipts are registered Holders on the books of Receiptsthe Depositary, any Depositary's Agent or the Registrar. At the expense of the Company, the Company shall have the right to inspect transfer and registration records of the Depositary, any Depositary's Agent or the Registrar, take copies thereof and require the Depositary, any Depositary's Agent or the Registrar to supply copies of such portions of such records as the Company may request. ARTICLE V THE DEPOSITARY, THE DEPOSITARY’S 'S AGENTS, THE REGISTRAR AND THE CORPORATION COMPANY Section 5.1 5.1. Maintenance of Offices, Agencies and Agencies, Transfer Books by the Depositary; the Registrar. Upon execution of this Deposit AgreementAgreement in accordance with its terms, the Depositary shall maintain (i) at the Depositary’s Office, Corporate Office facilities for the execution and delivery, registration and registration, registration of transfer, surrender surrender, split-up, combination, redemption and exchange conversion of ReceiptsReceipts and deposit and withdrawal of Stock, and (ii) at the offices of the Depositary’s 's Agents, if any, facilities for the delivery, registration, registration of transfer, surrender surrender, split-up, combination, redemption and exchange conversion of ReceiptsReceipts and deposit and withdrawal of Stock, all in accordance with the provisions of this Deposit Agreement. The Registrar Depositary, acting as transfer agent and Registrar, shall keep books at the Depositary’s Corporate Office for the registration and transfer of Receipts. Upon direction by the Corporation and with , which books at all reasonable notice to the Registrar, the Depositary times shall be open its books for inspection by the Record Holders record holders of Receipts as directed by the CorporationReceipts; provided that any Holder shall be granted such holder requesting to exercise such right by shall certify to the Corporation only after certifying Depositary that such inspection shall be for a proper purpose reasonably related to such person’s 's interest as an owner of Depositary Shares evidenced by the ReceiptsShares. The Registrar Depositary shall consult with the Company upon receipt of any request for inspection. The Depositary may close such books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder, or because of any requirement of law or any government, governmental body or commission, stock exchange or any applicable self-regulatory body. If the Receipts or the Depositary Shares evidenced thereby or the Series W Preferred Stock represented by such Depositary Shares shall be listed on one or more national securities exchanges, the Corporation will Depositary shall, with the approval of the Company, appoint a Registrar for registration registry of the such Receipts or Depositary Shares in accordance with any the requirements of such exchangeexchange or exchanges. Such Registrar (which may be the Depositary if so permitted by the requirements of any such exchangeexchange or exchanges) may be removed and a substitute registrar Registrar appointed by the CorporationDepositary upon the request or with the approval of the Company. If In addition, if the Receipts, such Depositary Shares or Series W Preferred such Stock are listed on one or more other securities exchanges, the Registrar Depositary will, at the request of the CorporationCompany, arrange such facilities for the delivery, registration, registration of transfer, surrender surrender, split-up, combination, redemption and exchange conversion of the such Receipts, such Depositary Shares or Series W Preferred such Stock as may be required by law or applicable securities security exchange regulationregulations.

Lists of Receipt Holders. Reasonably promptly upon request from time to time by the Corporation, at the sole expense of the Corporation, the Depositary shall furnish to it a list, as of the most recent practicable date, of the names, addresses and holdings of Depositary Shares of all registered Holders of Receipts. The Corporation shall be entitled to receive such list four times annually without charge. ARTICLE V THE DEPOSITARY, THE DEPOSITARY’S AGENTS, THE REGISTRAR AND THE CORPORATION Section 5.1 Maintenance of Offices, Agencies and Transfer Books by the Depositary; Registrar. Upon execution of this Deposit Agreement, the Depositary shall maintain at the Depositary’s Office, facilities for the execution and delivery, registration and registration of transfer, surrender and exchange of Receipts, and at the offices of the Depositary’s Agents, if any, facilities for the delivery, registration of transfer, surrender and exchange of Receipts, all in accordance with the provisions of this Deposit Agreement. The Registrar Depositary shall keep books at the Depositary’s Office for the registration and registration of transfer of Receipts. Upon direction by the Corporation and with reasonable notice to the Registrar, the Depositary which books during normal business hours shall be open its books for inspection by the Record Holders of Receipts as directed by the CorporationReceipts; provided that any such Holder shall be granted requesting to exercise such right by shall certify to the Corporation only after certifying Depositary that such inspection shall be for a proper purpose reasonably related to such person’s interest as an owner of Depositary Shares evidenced by the Receipts. The Registrar Depositary may close such books, at any time or from time to time, when deemed expedient by it it, as determined in its reasonable judgment, in connection with the performance of its duties hereunder. The Depositary may, with the approval of the Corporation, appoint a Registrar for registration of the Receipts or because of any requirement of law or any government, governmental body or commission, stock exchange or any applicable self-regulatory bodythe Depositary Shares evidenced thereby. If the Receipts or the Depositary Shares evidenced thereby or the Series W H Preferred Stock represented by such Depositary Shares shall be listed on one or more national securities exchanges, the Corporation Depositary will appoint a Registrar (acceptable to the Corporation) for registration of the Receipts or Depositary Shares in accordance with any requirements of such exchange. Such Registrar (which may be the Depositary if so permitted by the requirements of any such exchange) may be removed and a substitute registrar appointed by the Depositary upon the request or with the approval of the Corporation. If the Receipts, Depositary Shares or Series W H Preferred Stock are listed on one or more other securities exchanges, the Registrar Depositary will, at the request of the Corporation, arrange such facilities for the delivery, registration, registration of transfer, surrender and exchange of the Receipts, Depositary Shares or Series W H Preferred Stock as may be required by law or applicable securities exchange regulation.. -15- ActiveUS 167765364v.7

Lists of Receipt Holders. Reasonably promptly upon request from time to time by the Corporation, at the sole expense of the Corporation, the Depositary shall furnish to it a list, as of the most recent practicable date, of the names, addresses and holdings of Depositary Shares of all registered Holders of Receipts. ARTICLE V THE DEPOSITARY, THE DEPOSITARY’S AGENTS, THE REGISTRAR AND THE CORPORATION Section 5.1 Maintenance of Offices, Agencies and Transfer Books by the Depositary; Registrar. Upon execution of this Deposit Agreement, the Depositary shall maintain at the Depositary’s Office, facilities for the execution and delivery, registration and registration of transfer, surrender and exchange of Receipts, and at the offices of the Depositary’s Agents, if any, facilities for the delivery, registration of transfer, surrender and exchange of Receipts, all in accordance with the provisions of this Deposit Agreement. The Registrar shall keep books at the Depositary’s Office for the registration and transfer of Receipts. Upon direction by the Corporation and with reasonable notice to the Registrar, the Depositary shall open its books for inspection by the Record Holders of Receipts as directed by the Corporation; provided that any Holder shall be granted such right by the Corporation only after certifying that such inspection shall be for a proper purpose reasonably related to such person’s interest as an owner of Depositary Shares evidenced by the Receipts. The Registrar may close such books, at any time or from time to time, when deemed expedient by it in connection with the performance of its duties hereunder, or because of any requirement of law or any government, governmental body or commission, stock exchange or any applicable self-regulatory body. If the Receipts or the Depositary Shares evidenced thereby or the Series W U Preferred Stock represented by such Depositary Shares shall be listed on one or more national securities exchanges, the Corporation will appoint a Registrar for registration of the Receipts or Depositary Shares in accordance with any requirements of such exchange. Such Registrar (which may be the Depositary if so permitted by the requirements of any such exchange) may be removed and a substitute registrar appointed by the Corporation. If the Receipts, Depositary Shares or Series W U Preferred Stock are listed on one or more other securities exchanges, the Registrar will, at the request of the Corporation, arrange such facilities for the delivery, registration, registration of transfer, surrender and exchange of the Receipts, Depositary Shares or Series W U Preferred Stock as may be required by law or applicable securities exchange regulation.