Common use of Over-Subscription Clause in Contracts

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock Shares to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares Shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege in a PRO RATE manner based on the number of shares of Common Stock Shares owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common StockShares. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares Shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersStockholders, there remain unexercised Subscription Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Stockholders who have exercised all the their Basic Subscription Rights initially issued to them in full and who wish elected to acquire more than the number of shares for which the Rights issued to them are exercisableexercise their Over-Subscription Privilege. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated according to the formula and subject to the limitations set forth in the amounts of such over-subscriptionsProspectus. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders Stockholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired Privileges as described in the secondary market based on the number of Rights exercised by such holders of RightsProspectus. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire Stockholder acquires will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable. Any Remaining Shares offered but not subscribed for by the Record Date Stockholders pursuant to the exercise of either Basic Subscription Rights and Over-Subscription Privileges and any shares of Common Stock issued pursuant to the minimum guarantee amount in the standby purchase agreements shall be allocated to the standby purchasers on the terms and conditions set forth in the Prospectus and the standby purchase agreements.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersShareholders and transferees who exercise their Basic Subscription Rights in accordance with the terms set forth in the Prospectus and Prospectus Supplement, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders who have exercised all the or their respective Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionssubscriptions subject to allotment and availability. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege pro-rata based on the number of shares of Common Stock owned by each of them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersShareholders and transferees who exercise the Rights in accordance with the terms set forth in the Prospectus, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders and transferees who have exercised all the or their respective Rights initially issued to (or, if to a transferee, otherwise received) them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionssubscriptions subject to allotment and availability. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders and transferees exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by each of them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersStockholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Record Date Stockholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders Stockholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder Stockholder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rightsare not transferrable. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of common shares of Common Stock and preferred shares to Record Date ShareholdersShareholders and transferees who exercise their Basic Subscription Rights in accordance with the terms set forth in the Prospectus and Prospectus Supplement, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders who have exercised all the or their respective Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionssubscriptions subject to allotment and availability. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege pro-rata based on the number of common shares of Common Stock owned by each of them on the Record Date. Any remaining In addition, the officers of the Fund may determine to issue additional shares to be issued in the Over-Subscription Privilege, which shall be allocated pro rata to holders of Rights acquired in shareholders exercising the secondary market based on the number of Rights exercised by such holders of RightsOver-Subscription Privilege. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stockcommon shares. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock Shares to Record ----------------- Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock Shares owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common StockShares. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock Shares to Record Date Shareholders, there remain unexercised RightsRights (taking into account any Increased Allocation elected by the Company), then the Agent shall allot the shares Shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares Shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares Shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising the Over-Subscription Privilege based on the number of shares of Common Stock Shares owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common StockShares. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares Shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersShareholders and Transferees, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Record Date Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares The allocation process may involve a series of allocations in order to be issued shall be allocated to holders of Rights acquired in ensure that the secondary market based on the total number of Rights exercised by such holders of Rightsshares available for over-subscription are distributed on a prorata basis. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Series G Preferred Stock to Record Date ShareholdersShareholders and transferees who exercise their Basic Subscription Rights in accordance with the terms set forth in the Prospectus and Prospectus Supplement, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders who have exercised all the or their respective Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionssubscriptions subject to allotment and availability. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege pro-rata based on the number of shares of Common Series F Preferred Stock owned by each of them on the Record Date. Any remaining In addition, the officers of the Fund may determine to issue additional shares to be issued in the Over-Subscription Privilege, which shall be allocated pro rata to holders of Rights acquired in shareholders exercising the secondary market based on the number of Rights exercised by such holders of RightsOver-Subscription Privilege. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Series G Preferred Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock Shares to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock Shares owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common StockShares. The Agent shall advise the Company Equity Trust immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersShareholders and transferees who exercise their Basic Subscription Rights in accordance with the terms set forth in the Prospectus, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders and transferees who have exercised all the or their respective Rights initially issued to (or, if to a transferee, otherwise received) them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionssubscriptions subject to allotment and availability. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders and transferees exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by each of them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-over- subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Over- Subscription Privilege based on the total number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rightssubscribed for. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common StockStock with such adjustments as may be necessary to ensure that if all Rights are exercised, the Company will receive gross proceeds of $75 million. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersShareholders and transferees who exercise their Basic Subscription Rights in accordance with the terms set forth in the Prospectus and Prospectus Supplement, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders who have exercised all the or their respective Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionssubscriptions subject to allotment and availability. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege pro-rata based on the number of shares of Common Stock owned by each of them on the Record Date. Any remaining In addition, the officers of the Fund may determine to issue additional shares to be issued in the Over-Subscription Privilege, which shall be allocated pro rata to holders of Rights acquired in shareholders exercising the secondary market based on the number of Rights exercised by such holders of RightsOver-Subscription Privilege. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersStockholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Record Date Stockholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Over- Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders Stockholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder Stockholder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised RightsRights (taking into account any Increased Allocation elected by the Fund), then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising subscribing pursuant to the Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on may not participate in the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each overOver-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common StockSubscription Privilege. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares Common Stock subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising the Over-Subscription Privilege based on the number of shares of Common Stock owned by them on subscribed for pursuant to the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of RightsOver-Subscription Privilege. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholdersall exercising Rights Holders pursuant to the Primary Subscription, there remain unexercised Rightsany shares of Common Stock which were otherwise subject to the Primary Subscription (the "Remaining Shares"), then the Agent shall allot the shares issuable upon exercise of such unexercised Rights Remaining Shares to Record Date Shareholders who (the “Remaining Shares”i) to shareholders who have exercised all their Rights to subscribe for shares of Common Stock pursuant to the Rights initially issued to them Primary Subscription, and who wish (ii) indicated on the Subscription Certificate an intent to acquire more than the number of shares for which the Rights issued issuable to them are exercisablepursuant to the Primary Subscription. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated issued to each Record Date Shareholder in the amounts of amouns indicated in such over-subscriptions. If Record Date Shareholder's Subscription Certificate; provided, however, if the aggregate number of shares for which the Record Date Shareholders have exercised their Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to each Record Date Shareholders Shareholder exercising its Over-Subscription Privilege based on a pro rata basis, determined by reference to the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the total number of Rights exercised by such holders of Rightsoriginally issued to each Record Date Shareholder. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up down to the nearest whole number or down fraction thereof so as to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock Shares to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares Shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares Shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares Shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege pro rata based on the number of shares of Common Stock Shares owned by them on the Record Date. Any remaining shares Shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common StockShares. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares Shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders----------------- persons exercising Rights, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Record Date Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Over- Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising the Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record ----------------- Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Over- Subscription Privilege will be allocated in the amounts of such over-over- subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-the Over- Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-over- subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.distributable [to be revised to track page 9 of prospectus re:over-subscription]

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder (or other Rights holder holder) may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock Shares to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising subscribing pursuant to the Over-Subscription Privilege based on the number of shares of Common Stock Shares owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on may not participate in the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stockover subscription privilege. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares Common Shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock Preferred Shares to Record Date ShareholdersShareholders pursuant to the Primary Subscription, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising subscribing pursuant to the Over-Subscription Privilege based on the number of shares of Common Stock Shares owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common StockPreferred Shares. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares Preferred Shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersShareholders and transferees who exercise their Basic Subscription Rights in accordance with the terms set forth in the Prospectus, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders and transferees who have exercised all the of their respective Rights initially issued to (or, if to a transferee, otherwise received) them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionsover- subscriptions subject to allotment and availability. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders and transferees exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by each of them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock Shares to Record Date ShareholdersCommon Shareholders and Transferees who exercise their Primary Subscription Rights in accordance with the terms set forth in the Prospectus, there remain unexercised Rights, then the Agent shall allot the shares Common Shares issuable upon exercise of such unexercised Rights (the “Remaining Excess Common Shares”) to shareholders Common Shareholders who have exercised all duly subscribed for additional shares pursuant to the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisableOver-Subscription Privilege. Common Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionssubscriptions subject to allotment and availability. If the number of shares Common Shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Excess Common Shares, the Agent shall allocate the Remaining Excess Common Shares to Record Date Common Shareholders exercising the Over-Subscription Privilege based on the number of shares of Common Stock owned Rights originally issued to them by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of RightsFund. The percentage of Remaining Excess Common Shares each over-subscribing Record Date Common Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common StockShares. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares Common Shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersShareholders pursuant to the Basic Subscription Privilege, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Record Date Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable, it being understood that the Standby Purchasers will be required to exercise their Basic Subscription Privilege pursuant to the Standby Purchase Agreement. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising their Over-Subscription Privilege pro rata based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. The Fund may also increase the number of Shares subject to the Over-Subscription Privilege by up to 20% of the Shares. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersShareholders and transferees who exercise their Basic Subscription Rights in accordance with the terms set forth in the Prospectus, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Shareholders and transferees who have exercised all the or their respective Rights initially issued to (or, if to a transferee, otherwise received) them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionssubscriptions subject to allotment and availability. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders and transferees exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by each of them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersShareholders and transferees who exercise their Basic Subscription Rights in accordance with the terms set forth in the Prospectus and Prospectus Supplement, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders who have exercised all the of their respective Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptionssubscriptions subject to allotment and availability. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising Over-Subscription Privilege pro-rata based on the number of shares of Common Stock owned by each of them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock Series B Preferred Shares to Record Date Shareholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “Remaining Shares”) to shareholders Shareholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders exercising subscribing pursuant to the Over-Subscription Privilege based on the number of shares of Common Series A Cumulative Callable Preferred Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on may not participate in the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder may acquire will be rounded up or down to result in delivery of whole shares of Common Stockover subscription privilege. The Agent shall advise the Company immediately upon the completion of the allocation set forth above as to the total number of shares Series B Preferred Shares subscribed and distributable.

Over-Subscription. If, after allocation of shares of Common Stock to Record Date ShareholdersStockholders, there remain unexercised Rights, then the Agent shall allot the shares issuable upon exercise of such unexercised Rights (the “"Remaining Shares”") to shareholders Stockholders who have exercised all the Rights initially issued to them and who wish to acquire more than the number of shares for which the Rights issued to them are exercisable. Shares subscribed for pursuant to the Over-Subscription Privilege will be allocated in the amounts of such over-subscriptions. If the number of shares for which the Over-Subscription Privilege has been exercised is greater than the Remaining Shares, the Agent shall allocate the Remaining Shares to Record Date Shareholders Stockholders exercising Over-Subscription Privilege based on the number of shares of Common Stock owned by them on the Record Date. Any remaining shares to be issued shall be allocated to holders of Rights acquired in the secondary market based on the number of Rights exercised by such holders of Rights. The percentage of Remaining Shares each over-subscribing Record Date Shareholder or other Rights holder Stockholder may acquire will be rounded up or down to result in delivery of whole shares of Common Stock. The Agent shall advise the Company Fund immediately upon the completion of the allocation set forth above as to the total number of shares subscribed and distributable.