Common use of Notice and Redemption Procedures Clause in Contracts

Notice and Redemption Procedures. Notice of the redemption of shares of Series B Preferred Stock pursuant to paragraph B of this Article V (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Optional Redemption Date, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B Preferred Stock to be redeemed not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such shares. From and after the Optional Redemption Date, all dividends on shares of Series B Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Optional Redemption Date.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B C Preferred Stock pursuant to paragraph B of this Article V (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B C Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Optional Redemption Date, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B C Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B C Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B C Preferred Stock to be redeemed not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such shares. From and after the Optional Redemption Date, all dividends on shares of Series B C Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B C Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Optional Redemption Date.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B C Preferred Stock pursuant to paragraph A or B of this Article V (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B C Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Mandatory Redemption Date or Optional Redemption Date, as applicable, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B C Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B C Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B C Preferred Stock to be redeemed not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Mandatory Redemption Date or Optional Redemption Date, as applicable, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such shares. From and after the Mandatory Redemption Date or Optional Redemption Date, as applicable, all dividends on shares of Series B C Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B C Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Mandatory Redemption Date or Optional Redemption Date, as applicable.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B Preferred Stock pursuant to paragraph A or B of this Article V (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Mandatory Redemption Date or Optional Redemption Date, as applicable, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B Preferred Stock to be redeemed not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Mandatory Redemption Date or Optional Redemption Date, as applicable, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such shares. From and after the Mandatory Redemption Date or Optional Redemption Date, as applicable, all dividends on shares of Series B Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Mandatory Redemption Date or Optional Redemption Date, as applicable.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B A Preferred Stock pursuant to paragraph Section B of this Article V (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B A Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation Corporation, not more than 120 100 nor fewer than 90 60 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption Date"); provided provided, however, that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B A Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B A Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B A Preferred Stock to be redeemed redeemed, in each case, not more than 30 10 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, except with respect to shares of Series A Preferred Stock for which the Conversion Date has occurred on or prior to such Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B A Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B A Preferred Stock shall cease and terminate, except to the extent if the Corporation shall default in payment thereof of the Redemption Price on the Optional Redemption DateDate in which case all such rights shall continue unless and until such shares are redeemed and such price is paid in accordance with the terms hereof.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B Preferred Stock pursuant to paragraph Section B of this Article V (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation Corporation, not more than 120 100 nor fewer than 90 60 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption Date"); provided provided, however, that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B Preferred Stock to be redeemed redeemed, in each case, not more than 30 10 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, except with respect to shares of Series B Preferred Stock for which the Conversion Date has occurred on or prior to such Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B Preferred Stock shall cease and terminate, except to the extent if the Corporation shall default in payment thereof of the Redemption Price on the Optional Redemption DateDate in which case all such rights shall continue unless and until such shares are redeemed and such price is paid in accordance with the terms hereof.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B D Preferred Stock pursuant to paragraph B A of this Article V (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B D Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Optional Redemption Date, as applicable, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B D Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B D Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B D Preferred Stock to be redeemed not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, as applicable, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such shares. From and after the Optional Redemption Date, as applicable, all dividends on shares of Series B D Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B D Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Optional Redemption Date, as applicable.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B A Preferred Stock pursuant to paragraph Section B of this Article V (a "Notice of RedemptionNOTICE OF REDEMPTION") shall be sent to the holders of record of the shares of Series B A Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation Corporation, not more than 120 100 nor fewer than 90 60 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption DateREDEMPTION DATE"); provided PROVIDED, HOWEVER, that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B A Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B A Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B A Preferred Stock to be redeemed redeemed, in each case, not more than 30 10 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, except with respect to shares of Series A Preferred Stock for which the Conversion Date has occurred on or prior to such Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B A Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B A Preferred Stock shall cease and terminate, except to the extent if the Corporation shall default in payment thereof of the Redemption Price on the Optional Redemption DateDate in which case all such rights shall continue unless and until such shares are redeemed and such price is paid in accordance with the terms hereof.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B C Preferred Stock pursuant to paragraph B of this Article V (a "Notice of Redemption") " shall be sent to the holders of record of the shares of Series B C Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Optional Redemption Date, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B C Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B C Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B C Preferred Stock to be redeemed not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such shares. From and after the Optional Redemption Date, all dividends on shares of Series B C Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B C Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Optional Redemption Date.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B A Preferred Stock pursuant to paragraph Section A or B of this Article V hereof (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B A Preferred Stock to be redeemed by first class mail, postage prepaidOvernight Delivery, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 90 nor fewer than 90 30 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption Redemp- tion Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B A Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B A Preferred Stock, the Board of Directors Direc- tors may fix a record date for the determination of the holders of shares of Series B A Preferred Stock to be redeemed redeemed, in each case, not more than 30 days prior to the date the Notice of Redemption is maileddelivered. On or after the Optional Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B A Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B A Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Optional Redemption Date.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B Preferred Stock pursuant to paragraph Section A or B of this Article V hereof (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B Preferred Stock held by any other holder. Notwithstanding the foregoing, in the event that contemporaneously with or prior to the delivery of a Notice of Redemption, the Corporation irrevocably deposits, in accordance with Section F of this Article V, funds sufficient to pay the aggregate Redemption Price for the Series B Preferred Stock, such Notice of Redemption shall be delivered not more than 120 days nor fewer than 30 days prior to the Redemption Date; provided, however, that, if such Notice of Redemption is delivered fewer than 60 days prior to the Redemption Date and the Investor or any of its Affiliates Beneficially Owns shares of Series B Preferred Stock as of the date of the Notice of Redemption and uses its reasonable best efforts to consummate the sale of its shares of Series B Preferred Stock prior to the stated Redemption Date but has not completed the sale of all the Series B Preferred Stock Beneficially Owned by the Investor and its Affiliates (or such other amount desired to be sold by the Investor and its Affiliates), the Corporation shall, at the option of the Investor (or any such Affiliate), delay such Redemption Date for a period not to exceed 30 days as requested by such Investor (or any such Affiliate) in order to complete such sale or sales, and shall notify the holders of Series B Preferred Stock of such delay within five days of receiving the request therefor. Any delay of the Redemption Date pursuant to the proviso to the preceding sentence shall be requested by the Investor (or any such Affiliate) in writing no later than the tenth day preceding the then-scheduled Redemption Date stated in the Notice of Redemption. The Redemption Date stated in a Notice of Redemption shall not be delayed more than once in connection with the redemption of shares of Series B Preferred Stock pursuant to such Notice of Redemption. In order to facilitate the redemption of shares of Series B Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B Preferred Stock to be redeemed redeemed, in each case, not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Optional Redemption Date. Prior to any Redemption Date that has been fixed by the Company, other than in connection with the Mandatory Redemption, the Corporation shall take all measures reasonably requested by the Investor to facilitate a sale or other disposition of Series B Preferred Stock by the Investor or its Affiliates prior to such Redemption Date, including, without limitation, participation in due diligence sessions and provision of information about the management, business and financial condition of the Corporation, preparation of offering memoranda, private placement memoranda and other similar documents and preparation and delivery of such other certificates or documents reasonably requested by the Investor. For so long as the Investor or an Affiliate of the Investor holds any shares of Series B Preferred Stock, no Notice of Redemption in connection with a redemption pursuant to Section A or B of this Article V shall be delivered unless (i) the Corporation's preferred stock is rated Baa or better by Moody's or BBB or better by S&P, or in the event the Corpxxxxxxx's preferred stock is not rated by Moody's and S&P, the Corporation's unsecured debt is ratex Xxx xr better by Moody's or BBB or better by S&P or (ii) the Corporation hxx xxxxicient funds reasonably available under committed lines of credit or other similar sources of financing established with financially sound financing providers to pay, on the Redemption Date, the aggregate Redemption Price in connection with such redemption (and shall reserve such funds or availability for the payment of the aggregate Redemption Price); provided, that the Corporation may deliver a Notice of Redemption without complying with the foregoing conditions if prior to, or contemporaneously with, the delivery of such notice the Corporation irrevocably deposits in accordance with Section F of this Article V funds sufficient to pay the aggregate Redemption Price for the Series B Preferred Stock.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B A Preferred Stock pursuant to paragraph Section A or B of this Article V hereof (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B A Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B A Preferred Stock held by any other holder. Notwithstanding the foregoing, in the event that contemporaneously with or prior to the delivery of a Notice of Redemption, the Corporation irrevocably deposits, in accordance with Section F of this Article V, funds sufficient to pay the aggregate Redemption Price for the Series A Preferred Stock, such Notice of Redemption shall be delivered not more than 120 days nor fewer than 30 days prior to the Redemption Date; provided, however, that, if such Notice of Redemption is delivered fewer than 60 days prior to the Redemption Date and the Investor or any of its Affiliates Beneficially Owns shares of Series A Preferred Stock as of the date of the Notice of Redemption and uses its reasonable best efforts to consummate the sale of its shares of Series A Preferred Stock prior to the stated Redemption Date but has not completed the sale of all the Series A Preferred Stock Beneficially Owned by the Investor and its Affiliates (or such other amount desired to be sold by the Investor and its Affiliates), the Corporation shall, at the option of the Investor (or any such Affiliate), delay such Redemption Date for a period not to exceed 30 days as requested by the Investor (or any such Affiliate) in order to complete such sale or sales, and shall notify the holders of Series A Preferred Stock of such delay within five days of receiving the request therefor. Any delay of the Redemption Date pursuant to the proviso to the preceding sentence shall be requested by the Investor (or its Affiliate) in writing no later than the tenth day preceding the then-scheduled Redemption Date stated in the Notice of Redemption. The Redemption Date stated in a Notice of Redemption shall not be delayed more than once in connection with the 5 63 redemption of shares of Series A Preferred Stock pursuant to such Notice of Redemption. In order to facilitate the redemption of shares of Series B A Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B A Preferred Stock to be redeemed redeemed, in each case, not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B A Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B A Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Optional Redemption Date. Prior to any Redemption Date that has been fixed by the Company, other than in connection with the Mandatory Redemption, the Corporation shall take all measures reasonably requested by the Investor to facilitate a sale or other disposition of Series A Preferred Stock by the Investor or its Affiliates prior to such Redemption Date, including, without limitation, participation in due diligence sessions and provision of information about the management, business and financial condition of the Corporation, preparation of offering memoranda, private placement memoranda and other similar documents and preparation and delivery of such other certificates or documents reasonably requested by the Investor. For so long as the Investor or an Affiliate of the Investor holds any shares of Series A Preferred Stock, no Notice of Redemption in connection with a redemption pursuant to Section A or B of this Article V shall be delivered unless (i) the Corporation's preferred stock is rated Baa or better by Moodx'x xx BBB or better by S&P, or in the event the Corporation's preferred stock is not rated by Moodx'x xxx S&P, the Corporation's unsecured debt is rated Baa or better by Moodx'x xx BBB or better by S&P or (ii) the Corporation has sufficient funds reasonably available under committed lines of credit or other similar sources of financing established with financially sound financing providers to pay, on the Redemption Date, the aggregate Redemption Price in connection with such redemption (and shall reserve such funds or availability for the payment of the aggregate Redemption Price); provided, that the Corporation may deliver a Notice of Redemption without complying with the foregoing conditions if prior to, or contemporaneously with, the delivery of such notice the Corporation irrevocably deposits in accordance with Section F of this Article V funds sufficient to pay the aggregate Redemption Price for the Series A Preferred Stock.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B Preferred Stock pursuant to paragraph Section A or B of this Article V hereof (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B Preferred Stock held by any other holder. Notwithstanding the foregoing, in the event that contemporaneously with or prior to the delivery of a Notice of Redemption, the Corporation irrevocably deposits, in accordance with Section F of this Article V, funds sufficient to pay the aggregate Redemption Price for the Series B Preferred Stock, such Notice of Redemption shall be delivered not more than 120 days nor fewer than 30 days prior to the Redemption Date; provided, however, that, if such Notice of Redemption is delivered fewer than 60 days prior to the Redemption Date and the Investor or any of its Affiliates Beneficially Owns shares of Series B Preferred Stock as of the date of the Notice of Redemption and uses its reasonable best efforts to consummate the sale of its shares of Series B Preferred Stock prior to the stated Redemption Date but has not completed the sale of all the Series B Preferred Stock Beneficially Owned by the Investor and its Affiliates (or such other amount desired to be sold by 5 102 the Investor and its Affiliates), the Corporation shall, at the option of the Investor (or any such Affiliate), delay such Redemption Date for a period not to exceed 30 days as requested by such Investor (or any such Affiliate) in order to complete such sale or sales, and shall notify the holders of Series B Preferred Stock of such delay within five days of receiving the request therefor. Any delay of the Redemption Date pursuant to the proviso to the preceding sentence shall be requested by the Investor (or any such Affiliate) in writing no later than the tenth day preceding the then-scheduled Redemption Date stated in the Notice of Redemption. The Redemption Date stated in a Notice of Redemption shall not be delayed more than once in connection with the redemption of shares of Series B Preferred Stock pursuant to such Notice of Redemption. In order to facilitate the redemption of shares of Series B Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B Preferred Stock to be redeemed redeemed, in each case, not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Optional Redemption Date. Prior to any Redemption Date that has been fixed by the Company, other than in connection with the Mandatory Redemption, the Corporation shall take all measures reasonably requested by the Investor to facilitate a sale or other disposition of Series B Preferred Stock by the Investor or its Affiliates prior to such Redemption Date, including, without limitation, participation in due diligence sessions and provision of information about the management, business and financial condition of the Corporation, preparation of offering memoranda, private placement memoranda and other similar documents and preparation and delivery of such other certificates or documents reasonably requested by the Investor. For so long as the Investor or an Affiliate of the Investor holds any shares of Series B Preferred Stock, no Notice of Redemption in connection with a redemption pursuant to Section A or B of this Article V shall be delivered unless (i) the Corporation's preferred stock is rated Baa or better by Moodx'x xx BBB or better by S&P, or in the event the Corporation's preferred stock is not rated by Moodx'x xxx S&P, the Corporation's unsecured debt is rated Baa or better by Moodx'x xx BBB or better by S&P or (ii) the Corporation has sufficient funds reasonably available under committed lines of credit or other similar sources of financing established with financially sound financing providers to pay, on the Redemption Date, the aggregate Redemption Price in connection with such redemption (and shall reserve such funds or availability for the payment of the aggregate Redemption Price); provided, that the Corporation may deliver a Notice of Redemption without complying with the foregoing conditions if prior to, or contemporaneously with, the delivery of such notice the Corporation irrevocably deposits in accordance with Section F of this Article V funds sufficient to pay the aggregate Redemption Price for the Series B Preferred Stock.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B Preferred Stock pursuant to paragraph Section B of this Article V (a "Notice of RedemptionNOTICE OF REDEMPTION") shall be sent to the holders of record of the shares of Series B Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation Corporation, not more than 120 100 nor fewer than 90 60 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption REDEMPTION Date"); provided PROVIDED, HOWEVER, that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B Preferred Stock to be redeemed redeemed, in each case, not more than 30 10 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, except with respect to shares of Series B Preferred Stock for which the Conversion Date has occurred on or prior to such Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B Preferred Stock shall cease and terminate, except to the extent if the Corporation shall default in payment thereof of the Redemption Price on the Optional Redemption DateDate in which case all such rights shall continue unless and until such shares are redeemed and such price is paid in accordance with the terms hereof.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B A Preferred Stock pursuant to paragraph Section A or B of this Article V hereof (a "Notice of Redemption") shall be sent to the holders of record of the shares of Series B A Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation not more than 120 nor fewer than 90 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption Date"); provided that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B A Preferred Stock held by any other holder. Notwithstanding the foregoing, in the event that contemporaneously with or prior to the delivery of a Notice of Redemption, the Corporation irrevocably deposits, in accordance with Section F of this Article V, funds sufficient to pay the aggregate Redemption Price for the Series A Preferred Stock, such Notice of Redemption shall be delivered not more than 120 days nor fewer than 30 days prior to the Redemption Date; provided, however, that, if such Notice of Redemption is delivered fewer than 60 days prior to the Redemption Date and the Investor or any of its Affiliates Beneficially Owns shares of Series A Preferred Stock as of the date of the Notice of Redemption and uses its reasonable best efforts to consummate the sale of its shares of Series A Preferred Stock prior to the stated Redemption Date but has not completed the sale of all the Series A Preferred Stock Beneficially Owned by the Investor and its Affiliates (or such other amount desired to be sold by the Investor and its Affiliates), the Corporation shall, at the option of the Investor (or any such Affiliate), delay such Redemption Date for a period not to exceed 30 days as requested by the Investor (or any such Affiliate) in order to complete such sale or sales, and shall notify the holders of Series A Preferred Stock of such delay within five days of receiving the request therefor. Any delay of the Redemption Date pursuant to the proviso to the preceding sentence shall be requested by the Investor (or its Affiliate) in writing no later than the tenth day preceding the then-scheduled Redemption Date stated in the Notice of Redemption. The Redemption Date stated in a Notice of Redemption shall not be delayed more than once in connection with the redemption of shares of Series A Preferred Stock pursuant to such Notice of Redemption. In order to facilitate the redemption of shares of Series B A Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B A Preferred Stock to be redeemed redeemed, in each case, not more than 30 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B A Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B A Preferred Stock shall cease and terminate, except to the extent the Corporation shall default in payment thereof on the Optional Redemption Date. Prior to any Redemption Date that has been fixed by the Company, other than in connection with the Mandatory Redemption, the Corporation shall take all measures reasonably requested by the Investor to facilitate a sale or other disposition of Series A Preferred Stock by the Investor or its Affiliates prior to such Redemption Date, including, without limitation, participation in due diligence sessions and provision of information about the management, business and financial condition of the Corporation, preparation of offering memoranda, private placement memoranda and other similar documents and preparation and delivery of such other certificates or documents reasonably requested by the Investor. For so long as the Investor or an Affiliate of the Investor holds any shares of Series A Preferred Stock, no Notice of Redemption in connection with a redemption pursuant to Section A or B of this Article V shall be delivered unless (i) the Corporation's preferred stock is rated Baa or better by Moody's or BBB or better by S&P, or in the event the Corpxxxxxxx's preferred stock is not rated by Moody's and S&P, the Corporation's unsecured debt is ratex Xxx xr better by Moody's or BBB or better by S&P or (ii) the Corporation hxx xxxxicient funds reasonably available under committed lines of credit or other similar sources of financing established with financially sound financing providers to pay, on the Redemption Date, the aggregate Redemption Price in connection with such redemption (and shall reserve such funds or availability for the payment of the aggregate Redemption Price); provided, that the Corporation may deliver a Notice of Redemption without complying with the foregoing conditions if prior to, or contemporaneously with, the delivery of such notice the Corporation irrevocably deposits in accordance with Section F of this Article V funds sufficient to pay the aggregate Redemption Price for the Series A Preferred Stock.

Notice and Redemption Procedures. Notice of the redemption of shares of Series B Preferred Stock pursuant to paragraph Section B of this Article V (a "Notice of RedemptionNOTICE OF REDEMPTION") shall be sent to the holders of record of the shares of Series B Preferred Stock to be redeemed by first class mail, postage prepaid, at each such holder's address as it appears on the stock record books of the Corporation Corporation, not more than 120 100 nor fewer than 90 60 days prior to the Optional Redemption Datedate fixed for redemption, which date shall be set forth in such notice (the "Redemption DateREDEMPTION DATE"); provided PROVIDED, HOWEVER, that failure to give such Notice of Redemption to any holder, or any defect in such Notice of Redemption to any holder shall not affect the validity of the proceedings for the redemption of any shares of Series B Preferred Stock held by any other holder. In order to facilitate the redemption of shares of Series B Preferred Stock, the Board of Directors may fix a record date for the determination of the holders of shares of Series B Preferred Stock to be redeemed redeemed, in each case, not more than 30 10 days prior to the date the Notice of Redemption is mailed. On or after the Optional Redemption Date, except with respect to shares of Series B Preferred Stock for which the Conversion Date has occurred on or prior to such Redemption Date, each holder of the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Price for such sharesPrice. From and after the Optional Redemption Date, all dividends on shares of Series B Preferred Stock shall cease to accumulate and all rights of the holders thereof as holders of Series B Preferred Stock shall cease and terminate, except to the extent if the Corporation shall default in payment thereof of the Redemption Price on the Optional Redemption DateDate in which case all such rights shall continue unless and until such shares are redeemed and such price is paid in accordance with the terms hereof.