Common use of Mutilated, Destroyed, Lost and Stolen Unit Certificates Clause in Contracts

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Agent (a) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, and (b) such security or indemnity as may be required by them to save each of them and any agent of any of them harmless, then, in the absence of notice to the Company or the Unit Agent that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, in lieu of any such destroyed, lost or stolen Unit Certificate, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated to authenticate, execute on behalf of the Holder, and deliver to the Holder, on or after the Stock Purchase Date or the Termination Date, a Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall (a) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereof. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the Holder, whether or not the destroyed, lost or stolen Unit Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee and the Warrant Agent, as appropriate, and the Unit Trustee and the Warrant Agent shall authenticate, execute on behalf of the Holdercountersign and deliver, and deliver as appropriate, in exchange therefor, therefor new Securities comprised by Units of like tenor and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Trustee and the Warrant Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Trustee and the Warrant Agent as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee and the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture) and the Warrant Agent (in accordance with the provisions of the Warrant Agreement) shall authenticate and countersign and the Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of like tenor and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated to authenticate, execute on behalf of the Holder, and deliver to the Holder, on or after the Stock Purchase Date or the Termination Date, a Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall (a) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereof. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the HolderCorporation, whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Company, the Guarantor and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Company, the Unit Guarantor and the Trustee, the Warrant Agent and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture), the Warrant Agent (in accordance with the provisions of the Warrant Agreement) and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to ‎Section 2.03, notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Trustee, the Warrant Agent or the Agent, and none of the Unit Trustee (under the Indenture), the Warrant Agent (under the Warrant Agreement), or the Agent shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of (i) during the period beginning any time on or after the Stock Purchase opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Company with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Security selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate in (or at any time on or after the last exercise date with respect to any Warrant constituting a part of such Unit), except with respect to any mutilated, destroyed, lost Registered Debt Security or stolen portion thereof evidenced by such Unit CertificateCertificate that remains or will remain Outstanding following such Settlement Date or date of redemption (or such last exercise date) or (iv) at any other date specified pursuant to ‎Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date, redemption date or exercise date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming Contracts, Warrants or Debt Securities constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts, Warrants or Debt Securities or (bii) in respect of Purchase Contracts or Warrants constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property or Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts or Warrants (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default or any default under the Warrant Agreement or Warrant has occurred on by virtue of the Company’s having failed to deliver the Purchase Contract Property or prior Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable against tender by the Agent of the purchase price, Purchase Contract Property (or the cash value thereof) or other Settlement Amount, exercise price or other amount, as the case may be, such purchase price, Purchase Contract Property (or cash value thereof) or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or exercise of such Warrants or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Company, the Guarantor and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. (a) If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Agent shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, therefor a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. . (b) If there shall be delivered to the Company and the Unit Agent (ai) evidence to their the Agent's satisfaction of the destruction, loss or theft of any Unit Certificate, and (bii) such security indemnity or indemnity surety at the cost of the Holder as may be required by them the Agent, in its sole discretion, to save each of them the Agent, the Company and any agent of any of them their respective agents harmless, then, in the absence of notice to the Company or the Unit Agent that such Unit Certificate has been acquired by a bona fide purchaser, the Company Agent shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, in lieu of any such destroyed, lost or stolen Unit Certificate, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. . (c) Notwithstanding the foregoing, the Company Agent shall not be obligated to execute and deliver to the Holder any Unit Agent, and the Unit Agent shall not be obligated to authenticate, execute on behalf of the Holder, and deliver to the Holder, Certificate on or after the Stock Purchase Settlement Date or the Termination Acceleration Date, a Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall (ai) if the Stock Purchase Settlement Date or an Acceleration Event has occurred, deliver the shares of Common Stock Shares issuable in respect upon settlement of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (bii) if a Termination an Acceleration Event shall have occurred on or prior to the Stock Purchase Settlement Date, transfer instruct the liquidation or principal amount of Custodian to deliver the Pledged Securities Treasury Strips evidenced therebyby such Unit Certificate to such Holder, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five Eight hereof. . (d) Upon the issuance of any new Unit Certificate under this SectionSection 11.06, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit AgentAgent or the Custodian) connected therewith. . (e) Every new Unit Certificate issued pursuant to this Section 11.06 in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company (to the extent of the Purchase Contract Component of the Unit evidenced by such Unit Certificate) and of the HolderAgent, whether or not the destroyed, lost or stolen Unit Certificate (or such Purchase Contract Component evidenced by such Unit Certificate) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements equally and proportionately with any and all other Unit Certificates delivered hereunder. this Agreement. (f) The provisions of this Section 11.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Agent (a) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, and (b) such security or indemnity as may be required by them to save each of them and any agent of any of them harmless, then, in the absence of notice to the Company or the Unit Agent that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, in lieu of any such destroyed, lost or stolen Unit Certificate, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated to authenticate, execute on behalf of the Holder, and deliver to the Holder, on or after the Stock Purchase Final Settlement Date or the Termination Date, a Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall (a) if the Stock Purchase Final Settlement Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Final Settlement Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereof. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the Holder, whether or not the destroyed, lost or stolen Unit Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture), the Warrant Agent (in accordance with the provisions of the Warrant Agreement) and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.03, notwithstanding the foregoing, the Company Corporation shall not be obligated to execute and deliver to the Unit Trustee, the Warrant Agent or the Agent, and none of the Unit Trustee (under the Indenture), the Warrant Agent (under the Warrant Agreement), or the Agent shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) (i) during the period beginning any time on or after the Stock Purchase opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Corporation with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Security selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate in (or at any time on or after the last exercise date with respect to any Warrant constituting a part of such Unit), except with respect to any mutilated, destroyed, lost Registered Debt Security or stolen portion thereof evidenced by such Unit CertificateCertificate that remains or will remain Outstanding following such Settlement Date or date of redemption (or such last exercise date) or (iv) at any other date specified pursuant to Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date, redemption date or exercise date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming Contracts, Warrants or Debt Securities constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts, Warrants or Debt Securities or (bii) in respect of Purchase Contracts or Warrants constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property or Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts or Warrants (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default or any default under the Warrant Agreement or Warrant has occurred on by virtue of the Corporation's having failed to deliver the Purchase Contract Property or prior Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable against tender by the Agent of the purchase price, Purchase Contract Property (or the cash value thereof) or other Settlement Amount, exercise price or other amount, as the case may be, such purchase price, Purchase Contract Property (or cash value thereof) or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or exercise of such Warrants or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Corporation and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee and/or the Agent, as appropriate, and the Unit Trustee and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Agent Trustee and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Agent Trustee and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture) and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.03, notwithstanding the foregoing, the Company Corporation shall not be obligated to execute and deliver to the Unit Trustee or the Agent, and neither the Unit Trustee (under the Indenture), or the Agent shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) (i) during the period beginning any time on or after the Stock opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Corporation with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Purchase Contracts selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate, except with respect to any Registered Debt Security or portion thereof evidenced by such Unit Certificate in respect that remains or will remain Outstanding following such Settlement Date or date of redemption or (iv) at any mutilated, destroyed, lost or stolen Unit Certificateother date specified pursuant to Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date or redemption date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming or Debt Securities constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts or Debt Securities or (bii) in respect of Purchase Contracts constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default has occurred on by virtue of the Corporation’s having failed to deliver the Purchase Contract Property (or prior cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable against tender by the Agent of the purchase price, Purchase Contract Property (or the cash value thereof) or other Settlement Amount or other amount, as the case may be, such purchase price, Purchase Contract Property (or cash value thereof) or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Corporation and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company shall execute and deliver to the Unit Trustee and the Warrant Agent, as appropriate, and the Unit Trustee and the Warrant Agent shall authenticate, execute on behalf countersign and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the Holdersame series, of like tenor and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Company, the Guarantor and the Unit Trustee and the Warrant Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Company, the Unit Guarantor and the Trustee and the Warrant Agent as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Trustee and the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture) and the Warrant Agent (in accordance with the provisions of the Warrant Agreement) shall authenticate and countersign and the Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to ‎Section 2.03, notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Trustee, the Warrant Agent or the Agent, and none of the Unit Trustee (under the Indenture), the Warrant Agent (under the Warrant Agreement), or the Agent shall not be obligated to authenticate, execute on behalf of the Holder, and countersign or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) under this ‎Section 2.09 (i) during the period beginning any time on or after the Stock Purchase Date opening of business 15 days before the day of mailing of a notice of redemption or the Termination Date, a Unit Certificate in respect of any mutilatedother exercise of any right held by the Company with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, destroyed(a) that evidences any Unit or Security selected or called for redemption or with respect to which such right has been exercised, lost or stolen Unit Certificate(b) at any other date specified pursuant to ‎Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses ‎(i) and receipt ‎(ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable redemption date, exercise date or settlement date for Pre-Paid Purchase Contracts, (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Notes, Warrants or Pre-Paid Purchase Contracts forming constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Notes, Warrants or Pre-Paid Purchase Contracts or (bii) in respect of Warrants constituting a part of the Units evidenced by such Unit Certificate with respect to which exercise of any such right has taken place, (x) the amount deliverable with respect to such Warrants or (y) if a Termination Event shall have default under the Warrant Agreement or Warrant has occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount by virtue of the Pledged Securities evidenced therebyCompany’s having failed to deliver the amount deliverable against, in each the case subject to of any such Warrants, tender by the applicable conditions and Agent of the exercise price or other amount, as the case may be, such amount, if any, received by the Agent from the Holder in accordance with the applicable provisions respect of Article Five hereofexercise of such Warrants. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the HolderGuarantor, whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture), the Warrant Agent (in accordance with the provisions of the Warrant Agreement) and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.03, notwithstanding the foregoing, the Company Corporation shall not be obligated to execute and deliver to the Unit Trustee, the Warrant Agent or the Agent, and none of the Unit Trustee (under the Indenture), the Warrant Agent (under the Warrant Agreement), or the Agent shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of (i) during the period beginning any time on or after the Stock Purchase opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Corporation with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Security selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate in (or at any time on or after the last exercise date with respect to any Warrant constituting a part of such Unit), except with respect to any mutilated, destroyed, lost Registered Debt Security or stolen portion thereof evidenced by such Unit CertificateCertificate that remains or will remain Outstanding following such Settlement Date or date of redemption (or such last exercise date) or (iv) at any other date specified pursuant to Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date, redemption date or exercise date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming Contracts, Warrants or Debt Securities constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts, Warrants or Debt Securities or (bii) in respect of Purchase Contracts or Warrants constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property or Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts or Warrants (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default or any default under the Warrant Agreement or Warrant has occurred on by virtue of the Corporation's having failed to deliver the Purchase Contract Property or prior Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable against tender by the Agent of the purchase price, Purchase Contract Property (or the cash value thereof) or other Settlement Amount, exercise price or other amount, as the case may be, such purchase price, Purchase Contract Property (or cash value thereof) or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or exercise of such Warrants or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Corporation and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company shall execute and deliver to the Unit Trustee and the Warrant Agent, as appropriate, and the Unit Trustee and the Warrant Agent shall authenticate, execute on behalf countersign and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the Holdersame series, of like tenor and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Trustee and the Warrant Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or and the Unit Trustee and the Warrant Agent as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Trustee and the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture) and the Warrant Agent (in accordance with the provisions of the Warrant Agreement) shall authenticate and countersign and the Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.03, notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Trustee, the Warrant Agent or the Agent, and none of the Unit Trustee (under the Indenture), the Warrant Agent (under the Warrant Agreement), or the Agent shall not be obligated to authenticate, execute on behalf of the Holder, and countersign or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) under this Section 2.09 (i) during the period beginning any time on or after the Stock Purchase Date opening of business 15 days before the day of mailing of a notice of redemption or the Termination Date, a Unit Certificate in respect of any mutilatedother exercise of any right held by the Company with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, destroyed(a) that evidences any Unit or Security selected or called for redemption or with respect to which such right has been exercised, lost or stolen Unit Certificate(b) at any other date specified pursuant to Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable redemption date, exercise date or settlement date for Pre-Paid Purchase Contracts, (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Notes, Warrants or Pre-Paid Purchase Contracts forming constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Notes, Warrants or Pre-Paid Purchase Contracts or (bii) in respect of Warrants constituting a part of the Units evidenced by such Unit Certificate with respect to which exercise of any such right has taken place, (x) the amount deliverable with respect to such Warrants or (y) if a Termination Event shall have default under the Warrant Agreement or Warrant has occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount by virtue of the Pledged Securities evidenced therebyCompany’s having failed to deliver the amount deliverable against, in each the case subject to of any such Warrants, tender by the applicable conditions and Agent of the exercise price or other amount, as the case may be, such amount, if any, received by the Agent from the Holder in accordance with the applicable provisions respect of Article Five hereofexercise of such Warrants. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the HolderCompany, whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Issuers shall execute and deliver to each of the Unit AgentSecurity Agents, as appropriate, and each of the Unit Agent Security Agents shall authenticate, execute on behalf of the Holdercountersign and deliver, and deliver as appropriate, in exchange therefor, therefor new Securities comprised by Units of like tenor and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Issuers, the Agent and each of the Unit Agent Security Agents, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Issuers and each of the Unit Agent Security Agents, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Issuers shall execute and deliver to each of the Unit Security Agents and/or the Agent, as appropriate, and each of the Security Agents (in accordance with each of the Security Agreements, as applicable, shall authenticate and countersign and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of like tenor and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated to authenticate, execute on behalf of the Holder, and deliver to the Holder, on or after the Stock Purchase Date or the Termination Date, a Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall (a) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereof. Upon the issuance of any new Unit Certificate under this Section, the Company Issuers and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the HolderIssuers, whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee and/or the Agent, as appropriate, and the Unit Trustee and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Agent Trustee and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Agent Trustee and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture), and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.03, notwithstanding the foregoing, the Company Corporation shall not be obligated to execute and deliver to the Unit Trustee or the Agent, and none of the Unit Trustee (under the Indenture), or the Agent shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) (i) during the period beginning any time on or after the Stock opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Corporation with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Purchase Contracts selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate, except with respect to any Registered Debt Security or portion thereof evidenced by such Unit Certificate in respect that remains or will remain Outstanding following such Settlement Date or date of redemption (or such last exercise date) or (iv) at any mutilated, destroyed, lost or stolen Unit Certificateother date specified pursuant to Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date, redemption date or exercise date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming or Debt Securities constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts or Debt Securities or (bii) in respect of Purchase Contracts constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default has occurred on by virtue of the Corporation's having failed to deliver the cash value of the Purchase Contract Property, purchase price, cash settlement value, Settlement Amount or prior other amount, as the case may be, deliverable against tender by the Agent of the purchase price, cash value of the Purchase Contract Property or other Settlement Amount, exercise price or other amount, as the case may be, such purchase price, cash value of the Purchase Contract Property or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Corporation and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Agent (a) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, and (b) such security or indemnity as may be required by them to save each of them and any agent of any of them harmless, then, in the absence of notice to the Company or the Unit Agent that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, in lieu of any such destroyed, lost or stolen Unit Certificate, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated to authenticate, execute on behalf of the Holder, and deliver to the Holder, on or after the Stock Purchase Date or the Termination Date, a Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall (a) if the Stock Purchase Date has occurred, deliver the shares of Common Stock Shares issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereof. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the Holder, whether or not the destroyed, lost or stolen Unit Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent, the Deposit Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent, the Deposit Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Trustee, the Warrant Agent, the Deposit Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by any of them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Trustee, the Warrant Agent, the Deposit Agent and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent, the Deposit Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture), the Warrant Agent (in accordance with the provisions of the Warrant Agreement), the Deposit Agent in accordance with the provisions of the Deposit Agreement) and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.03, notwithstanding the foregoing, the Company Corporation shall not be obligated to execute and deliver to the Unit Trustee, the Warrant Agent, the Deposit Agent or the Agent, and none of the Unit Trustee (under the applicable Indenture), the Warrant Agent (under the Warrant Agreement), the Deposit Agent (under the Deposit Agreement) or the Agent (hereunder) shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) (i) during the period beginning any time on or after the Stock Purchase opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Corporation with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Security selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate in (or at any time on or after the last exercise date with respect to any Warrant constituting a part of such Unit), except with respect to any mutilated, destroyed, lost Registered Debt Security or stolen portion thereof evidenced by such Unit CertificateCertificate that remains or will remain Outstanding following such Settlement Date or date of redemption (or such last exercise date) or (iv) at any other date specified pursuant to Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date, redemption date or exercise date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming Contracts, Warrants, Debt Securities, Depositary Shares or Preferred Stock constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts, Warrants, Debt Securities, Depositary Shares or Preferred Stock or (bii) in respect of Purchase Contracts or Warrants constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property or Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts or Warrants (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default or any default under the Warrant Agreement or Warrant has occurred on by virtue of the Corporation’s having failed to deliver the Purchase Contract Property or prior Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable against tender by the Agent of the purchase price, Purchase Contract Property (or the cash value thereof) or other Settlement Amount, exercise price or other amount, as the case may be, such purchase price, Purchase Contract Property (or cash value thereof) or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or exercise of such Warrants or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Corporation and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture), the Warrant Agent (in accordance with the provisions of the Warrant Agreement) and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 203, notwithstanding the foregoing, the Company Corporation shall not be obligated to execute and deliver to the Unit Trustee, the Warrant Agent or the Agent, and none of the Unit Trustee (under the Indenture), the Warrant Agent (under the Warrant Agreement), or the Agent shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) (i) during the period beginning any time on or after the Stock opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Corporation with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Purchase Contracts selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate in (or at any time on or after the last exercise date with respect to any Warrant constituting a part of such Unit), except with respect to any mutilated, destroyed, lost Registered Debt Security or stolen portion thereof evidenced by such Unit CertificateCertificate that remains or will remain Outstanding following such Settlement Date or date of redemption (or such last exercise date) or (iv) at any other date specified pursuant to Section 203. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date, redemption date or exercise date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming Contracts, Warrants or Debt Securities constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts, Warrants or Debt Securities or (bii) in respect of Purchase Contracts or Warrants constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property or Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts or Warrants (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default or any default under the Warrant Agreement or Warrant has occurred on by virtue of the Corporation's having failed to deliver the Purchase Contract Property or prior Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable against tender by the Agent of the purchase price, Purchase Contract Property (or the cash value thereof) or other Settlement Amount, exercise price or other amount, as the case may be, such purchase price, Purchase Contract Property (or cash value thereof) or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or exercise of such Warrants or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Corporation and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture), the Warrant Agent (in accordance with the provisions of the Warrant Agreement) and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.3, notwithstanding the foregoing, the Company Corporation shall not be obligated to execute and deliver to the Unit Trustee, the Warrant Agent or the Agent, and none of the Unit Trustee (under the Indenture), the Warrant Agent (under the Warrant Agreement), or the Agent shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) (i) during the period beginning any time on or after the Stock opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Corporation with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Purchase Contracts selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate in (or at any time on or after the last exercise date with respect to any Warrant constituting a part of such Unit), except with respect to any mutilated, destroyed, lost Registered Debt Security or stolen portion thereof evidenced by such Unit CertificateCertificate that remains or will remain Outstanding following such Settlement Date or date of redemption (or such last exercise date) or (iv) at any other date specified pursuant to Section 2.3. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date, redemption date or exercise date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming Contracts, Warrants or Debt Securities constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts, Warrants or Debt Securities or (bii) in respect of Purchase Contracts or Warrants constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property or Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts or Warrants (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default or any default under the Warrant Agreement or Warrant has occurred on by virtue of the Corporation's having failed to deliver the Purchase Contract Property or prior Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable against tender by the Agent of the purchase price, Purchase Contract Property (or the cash value thereof) or other Settlement Amount, exercise price or other amount, as the case may be, such purchase price, Purchase Contract Property (or cash value thereof) or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or exercise of such Warrants or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Corporation and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Agent (a) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, and (b) such security or indemnity as may be required by them to save each of them and any agent of any of them harmless, then, in the absence of notice to the Company or the Unit Agent that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, in lieu of any such destroyed, lost or stolen Unit Certificate, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated to authenticate, execute on behalf of the Holder, and deliver to the Holder, on or after the Stock Purchase Date or the Termination Date, a Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall (a) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereof. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the Holder, whether or not the destroyed, lost or stolen Unit Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement of mutilated, destroyed, lost or stolen Unit Certificates. Section 307.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Agent (a) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, and (b) such security or indemnity as may be required by them to save each of them and any agent of any of them harmless, then, in the absence of notice to the Company or the Unit Agent that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, in lieu of any such destroyed, lost or stolen Unit Certificate, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated to authenticate, execute on behalf of the Holder, and deliver to the Holder, on or after the Stock Purchase Date or the Termination Date, a Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall (a) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereof. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the Holder, whether or not the destroyed, lost or stolen Unit Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company shall execute and deliver to the Unit Agent, and the Unit Agent shall authenticate, execute on behalf of the Holder, authenticate and deliver in exchange therefor, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a Unit Certificate number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Agent (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, and (bii) such security or indemnity as may Table of Contents be required by them to save hold each of them and any agent of any either of them harmless, then, then in the absence of notice to the Company or the Unit Agent that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Agent, and the Unit Agent Agent, upon the Company’s request, shall authenticate, execute on behalf of the Holder, authenticate and deliver to the Holder, in lieu of any such destroyed, lost or stolen Unit Certificate, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a Unit Certificate number not contemporaneously outstanding. Notwithstanding the foregoing, the The Company shall not be obligated to execute and deliver to the Unit Agent, and the Unit Agent shall not be obligated have no obligation to authenticate, execute on behalf of the Holder, and deliver to the Holder, on or after the Stock Purchase Date or the Termination Date, a determine whether any such Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of has been acquired by a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Agent shall (a) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofbona fide purchaser. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other fees and expenses (including including, without limitation, the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the Holder, whether or not the destroyed, lost or stolen Unit Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (preclude, to the extent lawful) , all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee and/or the Agent, as appropriate, and the Unit Trustee and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Agent Trustee and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Agent Trustee and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture) and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.03, notwithstanding the foregoing, the Company Corporation shall not be obligated to execute and deliver to the Unit Trustee or the Agent, and neither the Unit Trustee (under the Indenture), or the Agent shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) (i) during the period beginning any time on or after the Stock opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Corporation with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Purchase Contracts selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate, except with respect to any Registered Debt Security or portion thereof evidenced by such Unit Certificate in respect that remains or will remain Outstanding following such Settlement Date or date of redemption or (iv) at any mutilated, destroyed, lost or stolen Unit Certificateother date specified pursuant to Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date or redemption date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming or Debt Securities constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts or Debt Securities or (bii) in respect of Purchase Contracts constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default has occurred on by virtue of the Corporation's having failed to deliver the Purchase Contract Property (or prior cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable against tender by the Agent of the purchase price, Purchase Contract Property (or the cash value thereof) or other Settlement Amount or other amount, as the case may be, such purchase price, Purchase Contract Property (or cash value thereof) or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Corporation and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit AgentUnits Trustee, the Company shall execute and deliver to the Unit AgentUnits Trustee, and the Unit Agent Units Trustee shall authenticate, execute on behalf of the Holdercountersign and deliver, and deliver as appropriate, in exchange therefor, a new Unit Certificate, Certificate evidencing the same number and aggregate stated amount of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Agent Units Trustee, (a) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (b) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or and the Unit Agent Units Trustee that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit AgentUnits Trustee, and the Unit Agent Units Trustee in accordance with this Agreement shall authenticate, execute on behalf of the Holder, Units and deliver to the Holder, in lieu of any such destroyed, lost or stolen Unit Certificate, a new Unit Certificate, Certificate evidencing the same number and aggregate stated amount of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.02, notwithstanding the foregoingforegoing and subject expressly to Section 3.01, the Company shall not be obligated to execute and deliver to the Unit AgentUnits Trustee, and the Unit Agent Units Trustee shall not be obligated to authenticate, execute on behalf of the Holder, and countersign or deliver to the Holder, a new Unit Certificate under this Section 2.10 during the period beginning any time on or after the Stock Purchase Date or the Termination Dateopening of business on October 12, a Unit Certificate in respect of 2023, that evidences any mutilated, destroyed, lost or stolen Unit CertificateUnit. In lieu of delivery of a new Unit Certificate, upon satisfaction following the separation of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such HolderUnits, the Unit Agent Units Trustee shall (a) if deliver or cause to be delivered on the Stock Purchase Date has occurred, deliver separation date the shares of Common Stock issuable in respect of the Purchase Contracts forming a part of the Units constituent Securities evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofCertificate that are separated. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent Units Trustee may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit AgentUnits Trustee) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the HolderCompany, whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Agent, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee, the Warrant Agent and/or the Agent shall authenticate, countersign, execute on behalf of the HolderHolder and deliver, as appropriate, in exchange therefor new Securities comprised by Units of the same series, of like tenor, and deliver in exchange therefor, evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, (ai) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (bii) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or Corporation and the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute and deliver to the Unit Trustee, the Warrant Agent and/or the Agent, as appropriate, and the Unit Trustee (in accordance with the provisions of the Indenture), the Warrant Agent (in accordance with the provisions of the Warrant Agreement) and/or the Agent (in accordance with the provisions hereof) shall authenticate, countersign, execute on behalf of the Holder, Holder and deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units of the same series, of like tenor, and evidenced by a new Unit Certificate, Certificate evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.03, notwithstanding the foregoing, the Company Corporation shall not be obligated to execute and deliver to the Unit Trustee, the Warrant Agent or the Agent, and none of the Unit Trustee (under the Indenture), the Warrant Agent (under the Warrant Agreement), or the Agent shall not be obligated to authenticate, countersign or execute on behalf of the Holder, and or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) (i) during the period beginning any time on or after the Stock opening of business 15 days before the day of mailing of a notice of redemption or of any other exercise of any right held by the Corporation with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, (ii) that evidences any Unit or Purchase Contracts selected or called for redemption or with respect to which such right has been exercised, (iii) at any given date, if such date is on or after the Settlement Date or the Termination Datedate of redemption, a as applicable, with respect to any Purchase Contracts evidenced by such Unit Certificate in (or at any time on or after the last exercise date with respect to any Warrant constituting a part of such Unit), except with respect to any mutilated, destroyed, lost Registered Debt Security or stolen portion thereof evidenced by such Unit CertificateCertificate that remains or will remain Outstanding following such Settlement Date or date of redemption (or such last exercise date) or (iv) at any other date specified pursuant to Section 2.03. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent shall deliver or cause to be delivered on the applicable Settlement Date, redemption date or exercise date (ai) if the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable in respect of the Purchase Contracts forming Contracts, Warrants or Debt Securities constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, the redemption price of such Purchase Contracts, Warrants or Debt Securities or (bii) in respect of Purchase Contracts or Warrants constituting a part of the Units evidenced by such Unit Certificate with respect to which a Cash Settlement or Debt Security Settlement (or any equivalent manner of settlement) has taken place, (x) the Purchase Contract Property or Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable with respect to such Purchase Contracts or Warrants (and, in the case of an effective Cash Settlement (or any equivalent manner of settlement), the related Debt Securities) or (y) if a Termination Event shall have Purchase Contract Default or any default under the Warrant Agreement or Warrant has occurred on by virtue of the Corporation's having failed to deliver the Purchase Contract Property or prior Warrant Property (or cash value thereof), purchase price, cash settlement value, Settlement Amount or other amount, as the case may be, deliverable against tender by the Agent of the purchase price, Purchase Contract Property (or the cash value thereof) or other Settlement Amount, exercise price or other amount, as the case may be, such purchase price, Purchase Contract Property (or cash value thereof) or Settlement Amount or other amount, if any, received by the Agent from the Holder in respect of the Settlement of such Purchase Contracts or exercise of such Warrants or in respect of principal with respect to the Stock Purchase Date, transfer related Debt Securities received by the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofAgent. Upon the issuance of any new Unit Certificate under this Section, the Company Corporation and the Unit Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Agent) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company Corporation and of the HolderHolder (with respect to any Purchase Contracts constituting a part of the Units evidenced thereby), whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit AgentUnits Trustee, the Company shall execute and deliver to the Unit Units Trustee, Trustee and the Warrant Agent, as appropriate, and the Unit Units Trustee, Trustee and the Warrant Agent shall authenticate, execute on behalf of the Holdercountersign and deliver, and deliver as appropriate, in exchange therefor, new Securities comprised by Units, of like tenor and evidenced by a new Unit Certificate, Certificate evidencing the same number aggregate principal amount of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Trustee and the Warrant Agent and/or the Units Trustee, as appropriate, (aiii) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, Certificate and (biv) such security or indemnity as may be required by them to save hold each of them and any agent of any of them harmless, then, in the absence of notice to the Company or and the Unit Trustee and the Warrant Agent as appropriate, that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit AgentTrustee and the Warrant Agent and/or the Units Trustee, as appropriate, and the Unit Agent Trustee in accordance with the Indenture shall authenticate, execute on behalf authenticate the Notes constituting a part of the HolderUnits evidenced by such Unit Certificates, the Warrant Agent in accordance with the Warrant Agreement shall countersign the Warrants constituting a part of the Units evidenced by such Unit Certificates, and the Units Trustee in accordance with this Agreement, the Indenture, the Warrant Agreement shall authenticate the Units, and the Units Trustee shall deliver to the Holder, as appropriate, in lieu of any such destroyed, lost or stolen Unit Certificate, new Securities comprised by Units, of like tenor and evidenced by a new Unit Certificate, Certificate evidencing the same number aggregate principal amount of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding Unless otherwise specified pursuant to Section 2.03, notwithstanding the foregoingforegoing and subject expressly to Section 3.01, the Company shall not be obligated to execute and deliver to the Unit AgentTrustee, the Warrant Agent or the Units Trustee, and none of the Unit Trustee (under the Indenture), the Warrant Agent (under the Warrant Agreement), or the Units Trustee shall not be obligated to authenticate, execute on behalf of the Holder, and countersign or deliver to the Holder, a new Unit Certificate (or any Security constituting a part of such Unit) under this Section 2.12 during the period beginning any time on or after the Stock Purchase Date opening of business 15 days before the day of mailing of a notice of redemption or the Termination Date, a Unit Certificate in respect of any mutilatedother exercise of any right held by the Company with respect to the Unit (or any Security constituting a part of such Unit) and ending at the close of business on the day of the giving of such notice, destroyed, lost that evidences any Unit or stolen Unit CertificateSecurity selected or called for redemption or with respect to which such right has been exercised. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section clauses (i) and receipt (ii) of appropriate registration or transfer instructions from such Holderthe preceding paragraph, the Unit Agent Units Trustee shall (a) if deliver or cause to be delivered on the Stock Purchase Date has occurred, deliver the shares of Common Stock issuable applicable redemption date in respect of the Purchase Contracts forming Notes constituting a part of the Units evidenced by such Unit CertificateCertificate that are selected or called for redemption, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount redemption price of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereofsuch Notes. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Agent Units Trustee may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit AgentUnits Trustee) connected therewith. Every new Unit Certificate issued executed pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the HolderCompany, whether or not the destroyed, lost or stolen Unit Certificate (and the Securities evidenced thereby) shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements this Agreement equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement payment of mutilated, destroyed, lost or stolen Unit Certificates.

Mutilated, Destroyed, Lost and Stolen Unit Certificates. If any mutilated Unit Certificate is surrendered to the Unit Purchase Contract Agent, the Company shall execute and deliver to the Unit Purchase Contract Agent, and the Unit Purchase Contract Agent shall authenticate, execute on behalf of the Holder, and deliver in exchange therefor, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. If there shall be delivered to the Company and the Unit Purchase Contract Agent (a) evidence to their satisfaction of the destruction, loss or theft of any Unit Certificate, and (b) such security or indemnity as may be required by them to save each of them and any agent of any of them harmless, then, in the absence of notice to the Company or the Unit Purchase Contract Agent that such Unit Certificate has been acquired by a bona fide purchaser, the Company shall execute and deliver to the Unit Purchase Contract Agent, and the Unit Purchase Contract Agent shall authenticate, execute on behalf of the Holder, and deliver to the Holder, in lieu of any such destroyed, lost or stolen Unit Certificate, a new Unit Certificate, evidencing the same number of Normal Units or Stripped Units, as the case may be, and bearing a number not contemporaneously outstanding. Notwithstanding the foregoing, the Company shall not be obligated to execute and deliver to the Unit Purchase Contract Agent, and the Unit Purchase Contract Agent shall not be obligated to authenticate, execute on behalf of the Holder, and deliver to the Holder, on or after the Stock Purchase Date or the Termination Date, a Unit Certificate in respect of any mutilated, destroyed, lost or stolen Unit Certificate. In lieu of delivery of a new Unit Certificate, upon satisfaction of the applicable conditions specified above in this Section and receipt of appropriate registration or transfer instructions from such Holder, the Unit Purchase Contract Agent shall (a) if the Stock Purchase Date has occurred, deliver the shares of Common Stock Shares issuable in respect of the Purchase Contracts forming a part of the Units evidenced by such Unit Certificate, or (b) if a Termination Event shall have occurred on or prior to the Stock Purchase Date, transfer the liquidation or principal amount of the Pledged Securities evidenced thereby, in each case subject to the applicable conditions and in accordance with the applicable provisions of Article Five hereof. Upon the issuance of any new Unit Certificate under this Section, the Company and the Unit Purchase Contract Agent may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Unit Purchase Contract Agent) connected therewith. Every new Unit Certificate issued pursuant to this Section in lieu of any destroyed, lost or stolen Unit Certificate shall constitute an original additional contractual obligation of the Company and of the Holder, whether or not the destroyed, lost or stolen Unit Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits and be subject to all the obligations of the Principal Agreements equally and proportionately with any and all other Unit Certificates delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or settlement of mutilated, destroyed, lost or stolen Unit Certificates.