Common use of Procedure for Redemption Clause in Contracts

Procedure for Redemption. If the Corporation has elected to redeem any shares of Series A Preferred Stock pursuant to Paragraph I(6)(a)(i) above or is required to redeem all shares of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) above, the Corporation shall cause to be mailed to each holder of Series A Preferred Stock, at their last addresses as they shall appear upon the Series A Preferred Stock register, at least 15 days prior to the Redemption Date, a notice stating the date on which such redemption is to be effective. Failure to give any such notice, or any defect therein, shall not affect the validity of such a redemption. Any holder of Series A Preferred Stock shall continue to have the right to convert such stock in accordance with the provisions of Paragraph I(5) at any time on or prior to the Redemption Date. On or after the Redemption Date, the holders of Series A Preferred Stock which have been redeemed shall surrender their certificates representing such shares to the Corporation at its principal place of business or as otherwise notified, and thereupon the redemption price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From and after the Redemption Date, unless there shall have been a default in payment of the redemption price upon tender of the shares for payment, all rights of the holders of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate or certificates, shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever.

Procedure for Redemption. If (a) In the Corporation has elected to redeem event any shares of Series A Preferred Stock pursuant to Paragraph I(6)(a)(i) above or is required to redeem all shares of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) abovethe Bonds are called for redemption, the Corporation Trustee shall cause give notice, in the name of the Pollution Control Corporation, of the redemption of such Bonds, which notice shall (i) specify the Bonds to be mailed redeemed, the redemption date, the redemption price, and the place or places where amounts due upon such redemption will be payable (which shall be the Principal Office of the Paying Agent or any Co-Paying Agent) and, if less than all of the Bonds are to each holder be redeemed, the numbers of Series A Preferred Stockthe Bonds to be redeemed, at their last addresses as they shall appear and the portion of the principal amount of any Bond to be redeemed in part, (ii) state any condition to such redemption and (iii) state that on the redemption date, and upon the Series A Preferred Stock registersatisfaction of any such condition, the Bonds or portions thereof to be redeemed shall cease to bear interest. Such notice may set forth any additional information relating to such redemption. Such notice shall be given by Mail at least 15 thirty (30) days prior to the Redemption Date, a notice stating date fixed for redemption to the date on which such redemption is Owners of the Bonds to be effective. Failure redeemed; provided, however, that failure duly to give any such noticeNotice by Mail, or any defect therein, shall not affect the validity of such a redemption. Any holder of Series A Preferred Stock shall continue to have the right to convert such stock in accordance with the provisions of Paragraph I(5) at any time on or prior to the Redemption Date. On or after the Redemption Date, the holders of Series A Preferred Stock which have been redeemed shall surrender their certificates representing such shares to the Corporation at its principal place of business or as otherwise notified, and thereupon proceedings for the redemption price of such shares shall be payable Bonds as to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From and after the Redemption Date, unless which there shall have been no such failure or defect. If a default in payment notice of redemption shall be unconditional, or if the conditions of a conditional notice or redemption price shall have been satisfied, then upon tender presentation and surrender of Bonds so called for redemption at the shares for place or places of payment, all rights such Bonds shall be redeemed. The Trustee shall promptly deliver to the Company a copy of the holders each such notice of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate or certificates, shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoeverredemption.

Procedure for Redemption. If (a) In the Corporation has elected to redeem event any shares of Series A Preferred Stock pursuant to Paragraph I(6)(a)(i) above or is required to redeem all shares of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) abovethe Bonds are called for redemption, the Corporation Trustee shall cause give notice, in the name of the Authority, of the redemption of such Bonds, which notice shall (i) specify the Bonds to be mailed redeemed, the redemption date, the redemption price, and the place or places where amounts due upon such redemption will be payable (which shall be the Principal Office of the Paying Agent or any Co-Paying Agent) and, if less than all of the Bonds are to each holder be redeemed, the numbers of Series A Preferred Stockthe Bonds to be redeemed, at their last addresses as they shall appear and the portion of the principal amount of any Bond to be redeemed in part, (ii) state any condition to such redemption and (iii) state that on the redemption date, and upon the Series A Preferred Stock registersatisfaction of any such condition, the Bonds or portions thereof to be redeemed shall cease to bear interest. Such notice may set forth any additional information relating to such redemption. Such notice shall be given by Mail at least 15 thirty (30) days prior to the Redemption Date, a notice stating date fixed for redemption to the date on which such redemption is Owners of the Bonds to be effective. Failure redeemed; provided, however, that failure duly to give any such noticeNotice by Mail, or any defect therein, shall not affect the validity of such a redemption. Any holder of Series A Preferred Stock shall continue to have the right to convert such stock in accordance with the provisions of Paragraph I(5) at any time on or prior to the Redemption Date. On or after the Redemption Date, the holders of Series A Preferred Stock which have been redeemed shall surrender their certificates representing such shares to the Corporation at its principal place of business or as otherwise notified, and thereupon proceedings for the redemption price of such shares shall be payable Bonds as to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From and after the Redemption Date, unless which there shall have been no such failure or defect. If a default in payment notice of redemption shall be unconditional, or if the conditions of a conditional notice or redemption price shall have been satisfied, then upon tender presentation and surrender of Bonds so called for redemption at the shares for place or places of payment, all rights such Bonds shall be redeemed. The Trustee shall promptly deliver to the Company a copy of the holders each such notice of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate or certificates, shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoeverredemption.

Procedure for Redemption. If (a) In the Corporation has elected to redeem any shares of Series A Preferred Stock pursuant to Paragraph I(6)(a)(i) above or is required to redeem all shares of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) above, event the Corporation shall cause elect to be mailed to each holder of Series A Preferred Stock, at their last addresses as they shall appear upon the Series A Preferred Stock register, at least 15 days prior to the Redemption Date, a notice stating the date on which such redemption is to be effective. Failure to give any such notice, or any defect therein, shall not affect the validity of such a redemption. Any holder of Series A Preferred Stock shall continue to have the right to convert such stock in accordance with the provisions of Paragraph I(5) at any time on or prior to the Redemption Date. On or after the Redemption Date, the holders of Series A Preferred Stock which have been redeemed shall surrender their certificates representing such shares to the Corporation at its principal place of business or as otherwise notified, and thereupon the redemption price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From and after the Redemption Date, unless there shall have been a default in payment of the redemption price upon tender of the shares for payment, all rights of the holders of such redeem shares of Series A Preferred Stock, except notice of such redemption (the REDEMPTION NOTICE) shall be given by international overnight courier or first class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to the redemption date (the REDEMPTION DATE), to each Holder of record of the shares to be redeemed at such Holder's address as the same appears on the stock register of the Corporation. Each Redemption Notice shall state: (i) the Redemption Date (which shall be a date on or after the First Call Date); (ii) the number of shares of Series A Preferred Stock to be redeemed, which shall be all the shares held by such holder; (iii) the Redemption Price; (iv) that on the Redemption Date, the Redemption Price, will become due and payable upon each such share of Series A Preferred Stock to be redeemed and that dividends thereon will cease to accrue on and after said date; (v) (if the Redemption Date is stated to be at any time after 30 days following the First Call Date) the Conversion Ratio, the date on which the right to receive convert shares of Series A Preferred Stock to be redeemed will terminate and the place or places where such shares of Series A Preferred Stock may be surrendered for conversion; and (vi) the place or places where certificates for such shares are to be surrendered for payment of the redemption price without interest upon surrender of their certificate or certificates, shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoeverprice.

Procedure for Redemption. If (a) In the Corporation has elected event that the Trustee shall have received the notice required to redeem be delivered to it under Section 9.01 of the Loan Agreement with respect to the redemption of Bonds, the Trustee shall give notice, in the name of the Issuer, of the redemption of such Bonds, which notice shall (i) specify the Bonds to be redeemed, the redemption date, the redemption price, and the place where amounts due upon such redemption will be payable and, if less than all of the Bonds are to be redeemed, the numbers of the Bonds, and the portions thereof, so to be redeemed, (ii) state any shares condition to such redemption and (iii) state that on the redemption date, and upon the satisfaction of Series A Preferred Stock any such condition, the Bonds or portions thereof to be redeemed shall cease to bear interest. Such notice may set forth any additional information relating to such redemption which the Company specifies in the notice delivered by the Company to the Trustee pursuant to Paragraph I(6)(a)(i) above or is required to redeem all shares Section 9.01 of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) above, the Corporation Loan Agreement. Such notice shall cause to be mailed to each holder of Series A Preferred Stock, at their last addresses as they shall appear upon the Series A Preferred Stock register, given by first‑class mail at least 15 30 days prior to the Redemption Date, a notice stating date fixed for redemption to the date on which such redemption is Owners of Bonds to be effective. Failure redeemed, to the Issuer, to the Company and to the Securities Depository and any other organizations registered with the Securities and Exchange Commission as securities depositories; provided, however, that failure to duly give any such notice, or any defect therein, shall not affect the validity of such a redemption. Any holder of Series A Preferred Stock shall continue to have the right to convert such stock in accordance with the provisions of Paragraph I(5) at any time on or prior to the Redemption Date. On or after the Redemption Date, the holders of Series A Preferred Stock which have been redeemed shall surrender their certificates representing such shares to the Corporation at its principal place of business or as otherwise notified, and thereupon proceedings for the redemption price of Bonds with respect to which no such shares failure or defect occurred. If a notice of redemption shall be payable to unconditional, or if the order conditions of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From and after the Redemption Date, unless there a conditional notice of redemption shall have been a default in payment satisfied, then upon presentation and surrender of Bonds so called for redemption at the redemption price upon tender place or places of the shares for payment, all rights of the holders of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate or certificates, Bonds shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoeverredeemed.

Procedure for Redemption. If (a) In the Corporation has elected to redeem any shares of Series A Preferred Stock pursuant to Paragraph I(6)(a)(i) above or is required to redeem all shares of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) above, event the Corporation shall cause redeem shares of PIK Preferred Stock, notice of such redemption shall be given by first class mail, postage prepaid, mailed not less than 30 days nor more than 60 days prior to be mailed the redemption date, to each holder of Series A Preferred Stock, at their last addresses as they shall appear upon record of the Series A Preferred Stock register, at least 15 days prior to the Redemption Date, a notice stating the date on which such redemption is shares to be effective. Failure redeemed at such holder's address as the same appears on the stock register of the Corporation; provided that neither the failure to give any such notice, or notice nor any defect therein, therein shall not affect the validity of such a redemption. Any holder the giving of Series A notice for the redemption of any share of PIK Preferred Stock shall continue to have the right to convert such stock in accordance with the provisions of Paragraph I(5) at any time on or prior be redeemed except as to the Redemption Dateholder to whom the Corporation has failed to give said notice or except as to the holder whose notice was defective. On or after Each such notice shall state: (i) the Redemption Dateredemption date; (ii) the amount of shares of PIK Preferred Stock that are being redeemed and, if less than all the shares held by such holder are to be redeemed from such holder, the holders number of Series A Preferred Stock which have been shares to be redeemed shall surrender their from such holder; (iii) the redemption price; (iv) the place or places where certificates representing for such shares are to the Corporation at its principal place of business or as otherwise notified, and thereupon the redemption price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From and after the Redemption Date, unless there shall have been a default in for payment of the redemption price upon tender of price; and (v) that dividends on the shares for payment, to be redeemed will cease to accrue on such redemption date. In the event that fewer than all rights of the holders of such outstanding shares of Series A PIK Preferred Stock are to be redeemed, the number of shares to be redeemed shall be determined by the Board of Directors and the shares to be redeemed shall be selected by lot or pro rata as may be determined by the Board of Directors, except that in, any redemption of fewer than all the outstanding shares of PIK Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate or certificates, shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or may redeem all shares held by any holders of a number of shares not to exceed 100 as may be deemed to be outstanding for any purpose whatsoeverspecified by the Corporation.

Procedure for Redemption. If (a) In the Corporation has elected event that the Trustee shall have received the notice required to redeem be delivered to it under Section 9.01 of the Loan Agreement with respect to the redemption of Bonds, the Trustee shall give notice, in the name of the Issuer, of the redemption of such Bonds, which notice shall (i) specify the Bonds to be redeemed, the redemption date, the redemption price, and the place where amounts due upon such redemption will be payable and, if less than all of the Bonds are to be redeemed, the numbers of the Bonds, and the portions thereof, so to be redeemed, (ii) state any shares condition to such redemption and (iii) state that on the redemption date, and upon the satisfaction of Series A Preferred Stock any such condition, the Bonds or portions thereof to be redeemed shall cease to bear interest. Such notice may set forth any additional information relating to such redemption which the Company specifies in the notice delivered by the Company to the Trustee pursuant to Paragraph I(6)(a)(i) above or is required to redeem all shares Section 9.01 of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) above, the Corporation Loan Agreement. Such notice shall cause to be mailed to each holder of Series A Preferred Stock, at their last addresses as they shall appear upon the Series A Preferred Stock register, given by first-class mail at least 15 thirty (30) days prior to the Redemption Date, a notice stating date fixed for redemption to the date on which such redemption is Owners of Bonds to be effective. Failure redeemed, to the Issuer, to the Company and to the Securities Depository and any other organizations registered with the Securities and Exchange Commission as securities depositories; provided, however, that failure to duly give any such notice, or any defect therein, shall not affect the validity of such a redemption. Any holder of Series A Preferred Stock shall continue to have the right to convert such stock in accordance with the provisions of Paragraph I(5) at any time on or prior to the Redemption Date. On or after the Redemption Date, the holders of Series A Preferred Stock which have been redeemed shall surrender their certificates representing such shares to the Corporation at its principal place of business or as otherwise notified, and thereupon proceedings for the redemption price of Bonds with respect to which no such shares failure or defect occurred. If a notice of redemption shall be payable to unconditional, or if the order conditions of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From and after the Redemption Date, unless there a conditional notice of redemption shall have been a default in payment satisfied, then upon presentation and surrender of Bonds so called for redemption at the redemption price upon tender place or places of the shares for payment, all rights of the holders of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate or certificates, Bonds shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoeverredeemed.

Procedure for Redemption. If In the Corporation has elected to redeem event any shares of Series A Preferred Stock pursuant to Paragraph I(6)(a)(i) above or is required to redeem all shares of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) abovethe Bonds are called for redemption, the Corporation Trustee shall give notice, or cause the Registrar and Paying Agent to give notice in the name of the Authority, of the redemption of such Bonds in accordance with the Indenture. Notice of redemption shall be mailed to each holder given by mailing a copy of Series A Preferred Stock, at their last addresses as they shall appear upon the Series A Preferred Stock register, redemption notice by first-class mail at least 15 30 days prior to the Redemption Date, a notice stating date fixed for redemption to the date on which registered owners of such redemption is Bonds to be effective. Failure redeemed at the addresses shown on the registration books maintained by the Registrar and Paying Agent; provided, however, that failure to give notice to any such notice, Holder of a Bond or any defect therein, defects in such notice shall not affect the validity proceedings for the redemption of such the Bonds for which notice has been given. Mandatory Tender for Purchase Upon a redemptionChange in the Interest Rate Mode . Any holder of Series A Preferred Stock Upon a Change in the Interest Rate Mode, the Bonds shall continue be subject to have the right to convert such stock mandatory tender for purchase in accordance with the provisions Indenture on the effective date of Paragraph I(5) such Change in the Interest Rate Mode at any time the Purchase Price. General Provisions Applicable to Mandatory Tenders for Purchase of Bonds. If interest has been paid on the Bonds, or prior an amount sufficient to pay interest thereon has been deposited in the Bond Fund Account, or an amount sufficient to pay accrued interest thereon, if any, has been set aside in the Bond Purchase Fund held under the Bond Purchase Trust Agreement, and the Purchase Price shall be available under the Bond Purchase Fund for payment of Bonds subject to tender for purchase upon a Change in the Interest Rate Mode and if a registered owner fails to deliver or does not properly deliver such Bonds to the Redemption Date. On or after Registrar and Paying Agent on the Redemption Datepurchase date therefor, such Bonds shall nevertheless be deemed tendered and purchased on the holders of Series A Preferred Stock which have been redeemed date established for the purchase thereof, no interest shall surrender their certificates representing such shares to the Corporation at its principal place of business or as otherwise notified, and thereupon the redemption price of such shares shall be payable to the order of the person whose name appears accrue on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From Bonds from and after the Redemption Date, unless there date of purchase and such former registered owners shall have been a default in payment of no rights, benefits or security hereunder as the redemption price upon tender of the shares for payment, all rights of the holders registered owners of such shares of Series A Preferred StockBonds, except the right to receive the redemption price without Purchase Price of and interest to the purchase date, if any, on such Bonds upon surrender delivery thereof to the Registrar and Paying Agent in accordance with the provisions hereof. The purchaser of their certificate any such Bonds remarketed by the Remarketing Agent, or certificatesthe issuer of any Support Facility, to the extent Bonds are purchased with the proceeds of a draw on, or borrowing or payment under, the Support Facility, shall cease be treated as the registered owner thereof for all purposes of the Indenture. The payment of Bonds tendered upon the election of the registered owner shall be subject to delivery of such Bonds duly endorsed in blank for transfer or accompanied by an instrument of transfer thereof in form satisfactory to the Registrar and Paying Agent executed in blank for transfer at the applicable Principal Corporate Trust Office of the Registrar and Paying Agent at or prior to 10:00 a.m. (New York City time), on a specified purchase date. The Registrar and Paying Agent may refuse to make payment with respect to any Bonds tendered for purchase not endorsed in blank or for which an instrument of transfer satisfactory to the Registrar and Paying Agent has not been provided. The Purchase Price of Bonds subject to tender for purchase in an aggregate principal amount of at least one million dollars ($1,000,000) shall be payable in immediately available funds or by wire transfer upon written notice from the registered owner thereof containing the wire transfer address (which shall be in the continental United States) to which such sharesregistered owner wishes to have such wire directed, if such written notice is received by the Registrar and Paying Agent not less than five days prior to the related purchase date. Registered owners of Auction Rate Bonds subject to mandatory tender for purchase upon a Change in the Interest Rate Mode to or from an Auction Period Rate Period shall have no right to retain such shares Bonds and shall not thereafter be required to tender such Auction Rate Bonds on the date established for the mandatory tender for purchase thereof. The Bonds may be transferred on or exchanged by the books registered owner hereof, in person or by his or her attorney duly authorized in writing, at the applicable Principal Corporate Trust Office of the Corporation Registrar and Paying Agent but only in the manner, subject to limitations and upon payment of the charges, if any, provided in the Indenture and upon the surrender hereof to the Registrar and Paying Agent for cancellation. Upon such transfer or exchange, a new Bond or Bonds of authorized denominations and of like aggregate principal amount as the Bond surrendered will be deemed issued in exchange herefor. Transfer of Bonds bearing an Auction Period Rate is subject to the provisions of the Indenture. The Indenture is available for inspection at the office of the Trustee. All terms used herein which are defined in the Indenture and not otherwise defined herein shall have the respective meanings set forth in the Indenture. This Bond shall be outstanding for any purpose whatsoevergoverned by and construed in accordance with laws of the State of New York.

Procedure for Redemption. If (a) In the Corporation has elected to event the Company shall redeem any shares of Series A Senior Convertible Preferred Stock pursuant Stock, notice of such redemption shall be given by first class mail, postage prepaid, mailed not less than thirty (30) days nor more than sixty (60) days prior to Paragraph I(6)(a)(i) above or is required to redeem all shares of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) abovethe redemption date, the Corporation shall cause to be mailed to each holder of Series A Preferred Stock, at their last addresses as they shall appear upon record of the Series A Preferred Stock register, at least 15 days prior to the Redemption Date, a notice stating the date on which such redemption is shares to be effective. Failure redeemed at such holder's address as the same appears on the stock register of the Company; provided, however, that no failure to give any mail such notice, or notice nor any defect therein, therein shall not affect the validity of such a redemption. Any holder the proceeding for the redemption of Series A any shares of Senior Convertible Preferred Stock shall continue to have the right to convert such stock in accordance with the provisions of Paragraph I(5) at any time on or prior be redeemed except as to the Redemption Dateholder to whom the Company has failed to mail said notice or except as to the holder whose notice was defective. On or after Each such notice shall state: (a) the Redemption Dateredemption date; (b) the number of shares of Senior Convertible Preferred Stock to be redeemed and, if less than all the shares held by such holder are to be redeemed from such holder, the holders number of Series A Preferred Stock which have been shares to be redeemed shall surrender their from such holder; (c) the redemption price; (d) the place or places where certificates representing for such shares are to the Corporation at its principal place of business or as otherwise notified, and thereupon the redemption price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From and after the Redemption Date, unless there shall have been a default in for payment of the redemption price upon tender of price; and (e) that dividends on the shares for payment, all rights of the holders of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate or certificates, shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoeverredeemed will cease to accrue on such redemption date unless the Company defaults in making such payment.

Procedure for Redemption. If Notice of redemption shall be (i) faxed and (ii) mailed by the Corporation has elected to redeem any shares of Series A Preferred Stock pursuant to Paragraph I(6)(a)(iPartnership, by certified mail, postage prepaid, not less than thirty (30) above or is required to redeem all shares of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(bnor more than sixty (60) above, the Corporation shall cause to be mailed to each holder of Series A Preferred Stock, at their last addresses as they shall appear upon the Series A Preferred Stock register, at least 15 days Days prior to the Redemption Date (as defined below), addressed to the Series D Preferred Partner at its address as it appears on the records of the Partnership. In addition to any information required by law, each such notice shall state: (a) the redemption date (the "Redemption Date"), (b) the Redemption Price, (c) the percentage of the Series D Preferred Equity to be redeemed, and (d) the place where a notice stating Certificate of Withdrawal in the date on which such redemption form of Exhibit 1 hereto, is to be effectivedelivered in exchange for payment of the Redemption Price. Failure to give any such notice, If the Partnership gives a notice of redemption in respect of the Series D Preferred Equity or any defect thereinportion thereof (which notice shall be irrevocable) then, shall not affect the validity of such a redemption. Any holder of Series A Preferred Stock shall continue to have the right to convert such stock in accordance with the provisions of Paragraph I(5) at any time by 12:00 noon, New York City time, on or prior to the Redemption Date. On or after the Redemption Date, the holders Partnership shall deposit irrevocably in trust for the benefit of the Series A D Preferred Stock which have been redeemed Partner funds sufficient to pay the Redemption Price and shall surrender their certificates representing give irrevocable instructions and authority to pay such shares Redemption Price to the Corporation Series D Preferred Partner upon delivery of a Certificate of Withdrawal at its principal the place designated in the notice of business or as otherwise notifiedredemption. If any date fixed for redemption of the Series D Preferred Equity is not a Business Day, and thereupon then payment of the redemption price of such shares Redemption Price shall be payable to made on the order next succeeding Business Day (without any interest or any payment in respect of any such delay) except that if such Business Day falls in the person whose name appears on next calendar year, such certificate or certificates as the owner thereof and each surrendered certificate payment shall be canceled. From made on the immediately preceding Business Day, in each case with the same force and after effect as if made on the Redemption Date, unless there shall have been a default in . If payment of the redemption price upon tender Redemption Price is improperly withheld or refused and not paid by the Partnership, the Series D Return on the portion of the shares for Series D Preferred Equity to be redeemed shall continue to accrue from the Redemption Date to the date of payment, all rights of the holders of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate or certificates, shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever.in which case the

Procedure for Redemption. If In case the Corporation has elected Company shall desire to exercise its right to redeem any shares Series K Notes which are subject to redemption, it shall give notice of such redemption to Holders of the Series K Notes to be redeemed as hereinafter provided in this Section. In the event the principal amount of Series A Preferred Stock pursuant K Notes to Paragraph I(6)(a)(i) above be redeemed shall not be equal to the principal amount of the class or is required to redeem all shares classes of Series A Preferred Stock into Common Stock pursuant K Notes designated by the Company for redemption, or in the event no such class has been so designated and if less than all the Series K Notes subject to Paragraph I(6)(b) aboveredemption are to be redeemed, the Corporation Company shall, at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall cause be satisfactory to the Trustee), notify the Trustee of such Redemption Date and of the principal amount of Series K Notes to be mailed redeemed by class, if applicable. Thereupon the Trustee shall select (giving effect to each holder the designation, if any, of a class or classes of Series A Preferred StockK Notes to be redeemed), at in such manner as it shall deem appropriate and fair in its sole discretion and which may provide for the selection of portions (equal to $100 or an integral multiple of $100) of the principal of Series K Notes of a denomination larger than $100, the particular Series K Notes to be redeemed in whole or in part and shall thereafter promptly notify the Company and each Investment Note Registrar in writing, by designating the numbers thereof or by any other method, which Series K Notes or portions thereof are to be redeemed. Notice of redemption shall be given to the Holders of Series K Notes to be redeemed as a whole or in part by mailing by first class mail a notice of such redemption not less than 30 nor more than 60 days prior to the date fixed for redemption to their last addresses as they shall appear upon the Series A Preferred Stock registerInvestment Note Register, at least 15 days prior but failure to give such notice by mail to the Redemption Date, a notice stating the date on which such redemption is to be effective. Failure to give Holder of any such notice, Series K Note or any defect therein, in such notice shall not affect the validity of such a redemptionthe proceedings for the redemption of any other Series K Note or portion thereof. Any holder notice mailed in the manner provided in this paragraph shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Each notice to be mailed to the Holders of Series A Preferred Stock K Notes as aforesaid shall continue to have state the right to convert such stock in accordance with the provisions of Paragraph I(5following: (a) at any time on or prior to the Redemption Date; (b) if less than all of the Series K Notes are to be redeemed, the distinguishing numbers (which may be given by individual numbers of Series K Notes, by specifying all Series K Notes ending in certain key numbers and/or by specifying all Series K Notes between two stated numbers) or other characteristics of the Series K Notes to be redeemed (indicating the extent of any partial redemption thereof), together with such other description of the Series K Notes (and portions of Series K Notes, if any) as may be necessary in order to identify the same, provided that any such notice to be mailed need describe only the Series K Notes to be redeemed from the Holder to whom such notice is mailed; (c) the Redemption Price; (d) that interest on such Series K Notes (or on the portion to be redeemed of any of such Series K Notes so designated for redemption in part) shall cease on the Redemption Date; and (e) that on said date the Company will mail a check for the Redemption Price to each Holder of Series K Notes which are to be redeemed to the last address of such Holder as it appears in the Investment Note Register. On or after the Prior to any Redemption Date, the holders Company shall deposit with the Trustee or with a Paying Agent (or, if the Company is acting as its own Paying Agent, segregate and hold in trust as provided in Section 7.03 of Series A Preferred Stock which have been redeemed shall surrender their certificates representing such shares the Indenture) an amount of money sufficient to pay the Corporation at its principal place of business or as otherwise notifiedRedemption Price of, and thereupon the redemption price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. From and after the Redemption Date, unless there shall have been a default in payment of the redemption price upon tender of the shares for payment, all rights of the holders of such shares of Series A Preferred Stock, (except the right to receive the redemption price without interest upon surrender of their certificate or certificates, shall cease with respect to such sharesany Series K Note or portion thereof for which the Redemption Date shall be an Interest Payment Date) accrued interest on, and such shares shall not thereafter be transferred on all the books of the Corporation Series K Notes or be deemed portions thereof which are to be outstanding for any purpose whatsoeverredeemed on that date.

Procedure for Redemption. If In case the Corporation Company shall desire to exercise such right of redemption of all or any part of the bonds in accordance with the right so reserved by it, it shall obtain such authorization, approval or consent of any governmental body or bodies at the time having jurisdiction in the premises as may at the time be required, and shall, at least thirty (30) days prior to the date fixed for redemption, mail by certified or registered mail, postage prepaid, to the registered owners of the bonds to be redeemed, at their addresses as the same shall appear, if at all, upon the registry books of the Company, a notice to the effect that the Company has elected to redeem all the bonds or a part thereof, as the case may be, on a date therein designated, specifying, in the case of the redemption of less than all series, the series designations of the bonds to be redeemed and, in the case of the redemption of less than all of the outstanding bonds of a series, the distinctive numbers of the bonds to be redeemed, and in every case stating that on such date there will become and be due and payable upon each bond so to be redeemed, at the Corporate Trust Office of the Trustee, the principal thereof, together with the accrued interest to such date, with such premium, if any, as is due and payable on such bond upon such redemption, and that from and after such date interest thereon will cease to accrue. If provision shall be made in respect of any shares series for any additional condition to the redemption of Series A Preferred Stock pursuant bonds of such series, compliance shall be made with such provision in case bonds of such series shall be redeemed. In case the Company shall have elected to Paragraph I(6)(a)(iredeem all of its outstanding bonds or all of the outstanding bonds of any series, it shall in each such instance, at least fifteen (15) business days before the first date upon which the notice of redemption mentioned above or is required to be given, notify the Trustee in writing of such election and of the aggregate principal amount of bonds to be redeemed. The Trustee shall notify the Company in writing of the numbers of the bonds to be redeemed in ample time to permit the notice of redemption to be given as herein provided. In case the Company shall have elected to redeem less than all shares of Series A Preferred Stock into Common Stock pursuant the outstanding bonds of any series, it shall in each such instance, at least fifteen (15) business days before the first date upon which the notice of redemption mentioned above is required to Paragraph I(6)(bbe given, notify the Trustee in writing of such election and of the aggregate principal amount of bonds of such series to be redeemed, and thereupon the principal amount of the bonds then to be redeemed shall be prorated by the Trustee in units of One Thousand Dollars ($1,000) each among the holders of the bonds of such series as nearly as practicable in the proportion that their respective holdings bear to the aggregate principal amount of bonds of such series outstanding on the date of selection. The Trustee shall notify the Company in writing of the numbers of the bonds to be redeemed in ample time to permit the notice of redemption to be given as herein provided. In case any bond shall be redeemed in part only, such notice shall specify the principal amount thereof to be redeemed and shall state that, at the option of the registered owner, such bond may be presented for the notation thereon of the principal amount thereof so to be redeemed, or may be surrendered for redemption, in which case a new bond or bonds of the same series of an aggregate principal amount equal to the unredeemed portion of such bond will be issued in lieu thereof, and the Company shall execute and the Trustee shall authenticate and deliver such new bond or bonds to or upon the written order of the registered owner of such bond, at the expense of the Company; PROVIDED, that if such bond is subject to a written agreement described in Section 1.12, such notice shall state (i) that the bond need not be so presented and (ii) the requirements in the written agreement for any future transfer of such bond. On or before the redemption date specified in the notice described above, the Corporation Company shall cause deposit with the Trustee an amount of cash sufficient to be mailed to each holder effect the redemption of Series A Preferred Stock, at their last addresses as they shall appear upon the Series A Preferred Stock register, at least 15 days prior to the Redemption Date, a notice stating the date on which such redemption is to be effective. Failure to give any bonds specified in such notice, or except that such amount may be reduced to the extent that moneys then held by the Trustee under any defect therein, shall not affect of the validity provisions of this Indenture are available for such a redemption. Any holder All moneys deposited by the Company with the Trustee or set apart by the Trustee under the provisions of Series A Preferred Stock this Indenture for the redemption of bonds shall continue be held in trust for the account of the respective registered owners of the bonds to have the right to convert such stock be redeemed and applied in accordance with the provisions of Paragraph I(5) at any time on or prior to the Redemption DateSection 15.03 hereof. On or after the Redemption Dateredemption date designated in such notice, the holders principal amount of Series A Preferred Stock which each bond so to be redeemed, together with the accrued interest thereon to such date, and such premium, if any, as is due and payable on such bond upon such redemption, shall become due and payable; and from and after such date (such notice having been given in accordance with the provisions of this Section 4.02 and such deposit having been made or moneys set apart as described above), then, notwithstanding that any bonds so called for redemption shall not have been redeemed surrendered, no further interest shall surrender their certificates representing accrue on any such shares bond (or on the portion thereof to the Corporation at its principal place of business or as otherwise notified, and thereupon the redemption price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledredeemed). From and after such date of redemption (such notice having been given in accordance with the Redemption Dateprovisions of this Section 4.02 and such deposit having been made or moneys set apart as described above), unless there or from and after the date upon which such notice is mailed, if such notice shall state that moneys to effect such redemption have been deposited with or set apart by the Trustee, all such bonds or such portions thereof, as the case may be, insofar as such deposit shall have been a default in payment of the redemption price upon tender of the shares for payment, all rights of the holders of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate made or certificatesmoneys set apart as described above, shall cease with respect be deemed to such shares, have been paid in full as between the Company and such shares the respective registered owners thereof and shall not thereafter be transferred on the books of the Corporation or no longer be deemed to be outstanding for any purpose whatsoeverhereunder, and the Company shall be under no further liability in respect thereof.

Procedure for Redemption. If When the Corporation Trustee shall be required or authorized, or shall receive notice from the Authority given by the Company of its election, to redeem Bonds, the Trustee shall, in accordance with the terms and provisions of the Bonds and of this Indenture, at least thirty (30) days prior to the date fixed for redemption, mail by registered mail, postage prepaid, to the Bond Insurer and the registered owners of the Bonds to be redeemed, at their addresses as the same shall appear, if at all, upon the registry books of the Trustee, a notice to the effect that the Authority has elected to redeem all the Bonds or a part thereof, as the case may be, on a date therein designated, specifying, in the case of the redemption of fewer than all of the Outstanding Bonds, the distinctive numbers of the Bonds to be redeemed and the portion, if less than all, of any shares Bond to be redeemed, and in every case stating that on said date there will become and be due and payable upon each Bond so to be redeemed, at the principal office of Series A Preferred Stock pursuant the Trustee, the principal thereof, together with the accrued interest to Paragraph I(6)(a)(isuch date, with such premium, if any, as is due and payable on such Bond upon such redemption, and that from and after such date interest thereon will cease to accrue. So long as the Bonds are held by DTC, the Trustee shall send any notice of redemption to DTC at 000 Xxxxxxx Avenue, Garden City, New York 11530, (Fax - (000) above 000-0000 or (516) 227-4190) or at such other address as may be given by DTC in writing to the Trustee. The foregoing notice may be sent by legible facsimile or by other secure method which enables the Trustee to verify the submission of such notice. In case the Authority shall have elected to redeem all or fewer than all of the Outstanding Bonds, it shall in each such instance, at least five (5) Business Days before the first date upon which the notice of redemption hereinbefore mentioned is required to be given, notify the Trustee in writing through notice given by the Company of such election and of the aggregate principal amount of Bonds to be redeemed, and thereupon the Trustee shall redeem all shares the Bonds by lot. In case any Bond shall be redeemed in part only, such notice shall specify the principal amount thereof to be redeemed, which amount shall be in a multiple of Series A Preferred Stock into Common Stock pursuant $5,000. Partial redemption of any Bond may be made without surrender of such Bond, and the Trustee shall keep a record of the amounts and dates of each such partial redemption. Except for Bonds held by DTC, such partially redeemed Bond shall be surrendered upon redemption in which case a new Bond or Bonds in Authorized Denominations and of an aggregate principal amount equal to Paragraph I(6)(b) abovethe unredeemed portion of such Bond will be issued in lieu thereof, and the Authority shall execute and the Trustee shall authenticate and deliver such new Bond or Bonds to or upon the written order of the registered owner of such Bond, at the expense of the Company. On or before the redemption date specified in the notice above provided for, the Corporation shall cause Authority shall, and it hereby covenants that it will, deposit with the Trustee an amount of cash sufficient to be mailed to each holder effect the redemption of Series A Preferred Stock, at their last addresses as they shall appear upon the Series A Preferred Stock register, at least 15 days prior to the Redemption Date, a notice stating the date on which such redemption is to be effective. Failure to give any Bonds specified in such notice, or except that such amount may be reduced to the extent that moneys then held by the Trustee under any defect therein, shall not affect of the validity provisions of this Indenture are available for such a redemption. Any holder All moneys deposited by the Authority with the Trustee or set apart by the Trustee under the provisions of Series A Preferred Stock this Indenture for the redemption of Bonds shall continue be held in trust for the account of the respective registered owners of the Bonds to have the right to convert such stock be redeemed and applied in accordance with the provisions of Paragraph I(5) at any time on or prior to the Redemption DateSection 14.03 hereof. On or after the Redemption Dateredemption date designated in such notice, the holders principal amount of Series A Preferred Stock which each Bond so to be redeemed, together with the accrued interest thereon to such date, and such premium, if any, as is due and payable on such Bond upon such redemption, shall become due and payable; and from and after such date (such notice having been given in accordance with the provisions of this Section 7.02 and such deposit having been made or moneys set apart as aforesaid), then, notwithstanding that any Bonds so called for redemption shall not have been redeemed surrendered no further interest shall surrender their certificates representing accrue on any such shares Bond (or on the portion thereof so to the Corporation at its principal place of business or as otherwise notified, and thereupon the redemption price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledredeemed). From and after such date of redemption (such notice having been given in accordance with the Redemption Dateprovisions of this Section 7.02 and such deposit having been made or moneys set apart as aforesaid), unless there or from and after the date upon which such notice is mailed, if such notice shall state that moneys to effect such redemption have been deposited with or set apart by the Trustee, all such Bonds or such portions thereof, as the case may be, insofar as such deposit shall have been a default in payment of the redemption price upon tender of the shares for payment, all rights of the holders of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate made or certificatesmoneys set apart as aforesaid, shall cease with respect be deemed to such shares, have been paid in full as between the Authority and such shares the respective registered owners thereof and shall not thereafter be transferred on the books of the Corporation or no longer be deemed to be outstanding Outstanding hereunder, and the Authority shall be under no further liability in respect thereof. If, at the time of mailing of notice of any optional redemption, the Authority shall not have deposited with the Trustee moneys sufficient to redeem all the Bonds called for any purpose whatsoeverredemption, such notice shall state that it is conditional in that it is subject to the deposit of the redemption moneys with the Trustee not later than the redemption date, and such notice shall be of no effect unless such moneys are so deposited.

Procedure for Redemption. If When the Corporation has elected Trustee shall be required or authorized to redeem any shares Bonds, upon sixty (60) days written notice by the Authority or the Company (or such shorter period agreeable to the Trustee) the Trustee shall, in accordance with the terms and provisions of Series A Preferred Stock pursuant the Bonds and of this Indenture, select the Bonds to Paragraph I(6)(a)(i) above be redeemed and shall give notice, in the name of the Authority or is required the Company, as the case may be, of the redemption of Bonds, which notice shall specify the series, CUSIP numbers (if any), maturities of and the interest rate borne by the Bonds to redeem all shares of Series A Preferred Stock into Common Stock pursuant to Paragraph I(6)(b) abovebe redeemed, the Corporation shall cause redemption date and the place or places where amounts due upon such redemption will be payable and, if less than all of the Bonds of any like series and maturity are to be mailed redeemed, the letters and numbers or other distinguishing marks of such Bonds so to be redeemed, and, in the case of a Bond to be redeemed in part only, such notice shall also specify the portion of the principal amount thereof to be redeemed. Such notice shall further state that on such date there shall become due and payable upon each holder Bond to be redeemed the Redemption Price thereof, or the Redemption Price of Series A Preferred Stockthe specified portion of the principal thereof in the case of a Bond to be redeemed in part only, at their last addresses as they together with interest accrued to such date, and that from and after such date, if the aggregate of the amounts then on deposit in the Bond Fund is sufficient to pay the Redemption Price together with interest accrued to such date, interest thereon shall appear upon cease to accrue and be payable. Such notice shall be given by the Series A Preferred Stock registerTrustee by mailing a copy of such notice, at least 15 postage prepaid, by first class mail, not less than thirty (30) days prior nor more than forty-five (45) days before such redemption date, to the Redemption Date, registered owner of any Bond all or a notice stating the date on portion of which such redemption is to be effective. Failure redeemed, at his last address, if any, appearing upon the registry books, but such mailing shall not be a condition precedent to give such redemption and failure so to mail any such notice, or any defect therein, notice shall not affect the validity of any proceedings for the redemption of Bonds. Any notice mailed pursuant to this paragraph will be conclusively presumed to have been given whether or not actually received by the addressee. If, at the time of mailing of notice of any optional redemption, the Company shall not have deposited with the Trustee moneys sufficient to redeem all the Bonds called for redemption, the redemption notice may state that it is conditional on the deposit of the redemption moneys with the Trustee not later than the redemption date, and such notice shall be of no effect unless such moneys are so deposited. If there shall be so called for redemption less than all of a Bond, the Authority shall execute and the Trustee shall authenticate and cause to be delivered, upon the surrender of such Bond, without charge to the owner thereof, for the unredeemed balance of the principal amount of the Bond so surrendered, Bonds of like series, designation, interest rates and maturities in any of the authorized denominations. On the Business Day preceding the redemption date specified in the notice above provided for, the Company or the Authority, as the case may be, shall, and it hereby covenants that it will, deposit with the Trustee an amount of cash sufficient to effect the redemption of the Bonds specified in such notice, except that such amount may be reduced to the extent that moneys then held by the Trustee under any of the provisions of this Indenture are available for such redemption. Any holder All moneys deposited by the Authority or the Company with the Trustee or set apart by the Trustee under the provisions of Series A Preferred Stock this Indenture for the redemption of Bonds shall continue be held in trust for the account of the respective registered owners of the Bonds to have the right to convert such stock be redeemed and applied in accordance with the provisions of Paragraph I(5) at any time on or prior to the Redemption DateSection 13.03 hereof. On or after the Redemption Dateredemption date designated in such notice, the holders principal amount of Series A Preferred Stock which each Bond so to be redeemed, together with the accrued interest thereon to such date, and such premium, if any, as is due and payable on such Bond upon such redemption, shall become due and payable; and from and after such date (such notice having been given in accordance with the provisions of this Section 6.04 and such deposit having been made or moneys set apart as aforesaid), then, notwithstanding that any Bonds so called for redemption shall not have been redeemed surrendered, no further interest shall surrender their certificates representing accrue on any such shares Bond (or on the portion thereof so to the Corporation at its principal place of business or as otherwise notified, and thereupon the redemption price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledredeemed). From and after such date of redemption (such notice having been given in accordance with the Redemption Dateprovisions of this Section 6.04 and such deposit having been made or moneys set apart as aforesaid), unless there or from and after the date upon which such notice is mailed, if such notice shall state that moneys to effect such redemption have been deposited with or set apart by the Trustee, all such Bonds or such portions thereof, as the case may be, insofar as such deposit shall have been a default in payment of the redemption price upon tender of the shares for payment, all rights of the holders of such shares of Series A Preferred Stock, except the right to receive the redemption price without interest upon surrender of their certificate made or certificatesmoneys set apart as aforesaid, shall cease with respect be deemed to such shares, have been paid in full as between the Authority or the Company and such shares the respective Bondholders and shall not thereafter be transferred on the books of the Corporation or no longer be deemed to be outstanding for any purpose whatsoeverOutstanding hereunder, and the Authority or the Company shall be under no further liability in respect thereof. The Trustee agrees to provide timely notice to the Authority that some or all of the Bonds have been redeemed or paid.