Common use of Redemption by the Corporation Clause in Contracts

Redemption by the Corporation. (1) Subject to paragraph 3(b)(3) of this ARTICLE FOURTH, the Corporation shall redeem all then outstanding shares of Series A Preferred Stock on the date that is the earlier of: (i) a Redemption Triggering Event, or (ii) the seventh anniversary of the Issue Date, at a price per share equal to the Face Amount plus accrued but unpaid dividends thereon as of the redemption date (subject to the remaining provisions of this paragraph 3(d)(1), the “Series A Redemption Price”). If a Redemption Triggering Event shall occur prior to December 31, 2011, then the “Face Amount” shall be deemed to be $25,000,000 and the Series A Redemption Price payable upon such Redemption Triggering Event shall equal $25,000,000 plus accrued but unpaid dividends at a rate of 8% per annum on such amount from the Issue Date through and including the redemption date, notwithstanding anything to the contrary in the definition of “Face Amount” in paragraph 3(n) of this ARTICLE FOURTH. (2) The Corporation may redeem all then outstanding shares of Series A Preferred Stock at any time at a price per share equal to $25,000,000, payable in full in cash by wire transfer of immediately available funds, plus all accrued but unpaid dividends at a rate of 8% per annum on such amount from the Issue Date through and including the redemption date. (3) Notice of every proposed redemption of Series A Preferred Stock shall be sent by or on behalf of the Corporation to the holders of record of the shares of Series A Preferred Stock so to be redeemed prior to the date fixed for redemption (the “Series A Redemption Date”), which Series A Redemption Date shall be no sooner than 30 days and no later than 60 days from such notice, (i) notifying such holders of the election or obligation of the Corporation to redeem such shares of Series A Preferred Stock and of the Series A Redemption Date, (ii) stating the place or places at which the shares of Series A Preferred Stock called for redemption shall, upon presentation and surrender of the certificates evidencing such shares of Series A Preferred Stock, be redeemed, and the Series A Redemption Price therefor, and (iii) stating that unless the Corporation defaults in making the redemption payment, dividends on the Dividend Base Amount shall cease to accrue on the Series A Redemption Date. (4) If the Corporation fails to make a full payment or delivery as aforesaid on the Series A Redemption Date, then each holder of shares called for redemption shall be entitled to all preferences and relative and other rights accorded to such shares of Series A Preferred Stock under this Amended and Restated Certificate of Incorporation and/or under applicable law until and including the date when the Corporation makes full payment or delivery as aforesaid to the holders of the Series A Preferred Stock. (5) From and after the date that the Series A Preferred Stock is redeemed and the holders of the shares of Series A Preferred Stock have received all amounts payable hereunder in cash, such redeemed and paid shares of Series A Preferred Stock shall no longer be deemed to be outstanding and all rights of the holders of such shares shall cease and terminate.

Redemption by the Corporation. 1. Except as described in this paragraph (1D) Subject to and paragraph 3(b)(3(E) of this ARTICLE FOURTHbelow, the Corporation shall redeem all then outstanding shares of Series A H Preferred Stock on may not be redeemed prior to August 10, 2017. In addition, to ensure that the date that is Corporation remains qualified as a REIT for federal income tax purposes, the earlier of: (i) a Redemption Triggering Event, or (ii) Series H Preferred Stock shall be subject to the seventh anniversary provisions of Article NINTH of the Issue DateArticles of Incorporation and paragraph (G) below. On and after August 10, 2017, the Corporation, at its option (the “Redemption Right”), upon giving notice as provided below, may redeem shares of Series H Preferred Stock, in whole or from time to time in part, for cash, at a redemption price of $25.00 per share equal to the Face Amount share, plus all accrued and unpaid distributions on such Series H Preferred Stock to, but unpaid dividends thereon as of the redemption date (subject to the remaining provisions of this paragraph 3(d)(1)not including, the date of such redemption (the “Series A Redemption Price”). If a Redemption Triggering Event shall occur prior Each date fixed for redemption pursuant to December 31, 2011, then the “Face Amount” shall be deemed to be $25,000,000 and the Series A Redemption Price payable upon such Redemption Triggering Event shall equal $25,000,000 plus accrued but unpaid dividends at a rate of 8% per annum on such amount from the Issue Date through and including the redemption date, notwithstanding anything to the contrary in the definition of “Face Amount” in paragraph 3(nthis subparagraph (1) of this ARTICLE FOURTHparagraph (D) is called a “Redemption Date.” (2) The Corporation may redeem all then outstanding shares . In addition to any information required by law or by the applicable rules of any exchange upon which Series A H Preferred Stock at may be listed or admitted to trading, notice of any time at redemption will be given by publication in a price per share equal newspaper of general circulation in The City of New York, such publication to $25,000,000, payable in full in cash by wire transfer of immediately available funds, plus all accrued but unpaid dividends at be made once a rate of 8% per annum on such amount from the Issue Date through and including the redemption date. (3) Notice of every proposed redemption of Series A Preferred Stock shall be sent by or on behalf of the Corporation week for two successive weeks commencing not less than 30 nor more than 60 days prior to the Redemption Date. A similar notice will be mailed by the Corporation, postage prepaid, not less than 30 nor more than 60 days prior to the Redemption Date, addressed to the respective holders of record of the Series H Preferred Stock to be redeemed at their respective addressees as they appear on the share transfer records of the Corporation. No failure to give such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series H Preferred Stock except as to any holder to whom the Corporation has failed to give notice or except as to any holder to whom notice was defective. In addition to any information required by law or by the applicable rules of any exchange upon which shares of Series A H Preferred Stock so may be listed or admitted to trading, such notice shall state: (i) the Redemption Date; (ii) the Redemption Price; (iii) the number of shares of Series H Preferred Stock to be redeemed prior and, if less than all the shares of stock held by the particular holder are to be redeemed, the date fixed for redemption (the “Series A Redemption Date”), which Series A Redemption Date shall be no sooner than 30 days and no later than 60 days from such notice, (i) notifying such holders number of the election or obligation of the Corporation to redeem such shares of Series A H Preferred Stock and of the Series A Redemption Date, to be redeemed from such holder; (iiiv) stating the place or places at which where certificates for such shares, if any, are to be surrendered for payment of the Redemption Price; and (v) that distributions on the shares of Series A Preferred Stock called for redemption shall, upon presentation and surrender of the certificates evidencing such shares of Series A Preferred Stock, to be redeemed, and the Series A Redemption Price therefor, and (iii) stating that unless the Corporation defaults in making the redemption payment, dividends on the Dividend Base Amount shall redeemed will cease to accrue on the Series A Redemption Date. 3. If notice has been mailed in accordance with subparagraph (42) If of this paragraph (D), and such notice provides that on or before the Corporation fails to make a full payment or delivery as aforesaid on the Series A Redemption Date, then each holder of shares called Date specified therein all funds necessary for such redemption shall be entitled to all preferences have been set aside by the Corporation, separate and relative and apart from its other rights accorded to such shares funds in trust for the pro rata benefit of Series A Preferred Stock under this Amended and Restated Certificate of Incorporation and/or under applicable law until and including the date when the Corporation makes full payment or delivery as aforesaid to the holders of the Series A Preferred Stock. (5) From and after the date that the Series A Preferred Stock is redeemed and the holders of the shares of so called for redemption, so as to be, and to continue to be available therefor, then, from and after the Redemption Date, distributions on the Series A H Preferred Stock have received all amounts payable hereunder in cashso called for redemption shall cease to accrue, such redeemed and paid said shares of Series A Preferred Stock shall no longer be deemed to be outstanding and shall not have the status of Series H Preferred Stock, and all rights of the holders thereof as shareholders of the Corporation (except the right to receive from the Corporation the Redemption Price) shall cease. Upon surrender, in accordance with said notice, of the certificates for any shares so redeemed (properly endorsed or assigned for transfer, if the Corporation shall so require and the notice shall so state), such stock shall be redeemed by the Corporation at the Redemption Price. In case fewer than all the shares evidenced by any such certificate are redeemed, a new certificate or certificates shall be issued evidencing the unredeemed shares without cost to the holder thereof. In the event that the shares of Series H Preferred Stock to be redeemed are uncertificated, such shares shall be redeemed in accordance with the notice and the applicable procedures of any depository and no further action on the part of the holders of such stock shall be required. 4. In case of redemption of less than all of the shares of Series H Preferred Stock at the time outstanding, the shares to be redeemed shall be selected by the Corporation pro rata from the holders of record of such shares in proportion to the number of shares held by such holders (with adjustments to avoid redemption of fractional shares), by lot or by any other equitable method determined by the Board of Directors. In order to facilitate the redemption of shares of Series H Preferred Stock, the Board of Directors may fix a record date for the determination of the stock to be redeemed, such record date to be not less than 30 nor more than 60 days prior to the date fixed for such redemption. 5. Unless full cumulative distributions on all Series H Preferred Stock shall cease have been or contemporaneously are authorized and terminatepaid or authorized and a sum sufficient for the payment thereof set apart for payment for all past Distribution Periods and the then current Distribution Period, no Series H Preferred Stock shall be redeemed unless all outstanding shares of Series H Preferred Stock are simultaneously redeemed; provided, however, that the foregoing shall not prevent the purchase or acquisition of Series H Preferred Stock pursuant to a purchase or exchange offer made on the same terms to holders of all outstanding shares of Series H Preferred Stock, provided further, however, that the foregoing shall not prevent the purchase or acquisition of Series H Preferred Stock pursuant to Article NINTH of the Articles of Incorporation and paragraph (H) below. Unless full cumulative distributions on all outstanding shares of Series H Preferred Stock have been or contemporaneously are authorized and paid or authorized and a sum sufficient for the payment thereof set apart for payment for all past Distribution Periods and the then current Distribution Period, the Corporation shall not purchase or otherwise acquire directly or indirectly any Series H Preferred Stock (except by conversion into or exchange for stock of the Corporation ranking junior to the Series H Preferred Stock as to distributions and upon liquidation, dissolution or winding up of the affairs of the Corporation). 6. Subject to applicable law and the limitation on purchases when distributions on the Series H Preferred Stock are in arrears, the Corporation may, at any time and from time to time, purchase Series H Preferred Stock in the open market, by tender or by private agreement. 7. Any funds deposited with a bank or trust company for the purpose of redeeming shares of Series H Preferred Stock shall be irrevocable except that: a. the Corporation shall be entitled to receive from such bank or trust company the interest or other earnings, if any, earned on any money so deposited in trust, and the holders of any shares redeemed shall have no claim to such interest or other earnings; and b. any balance of monies so deposited by the Corporation and unclaimed by the holders of shares of Series H Preferred Stock entitled thereto at the expiration of two years from the applicable Redemption Date shall be repaid, together with any interest or other earnings earned thereon, to the Corporation, and after any such repayment, the holders of the shares entitled to the funds so repaid to the Corporation shall look only to the Corporation for payment without interest or other earnings. 8. No shares of Series H Preferred Stock may be redeemed except with assets legally available for the payment of the Redemption Price. 9. All shares of Series H Preferred Stock redeemed pursuant to this paragraph (D) shall be retired and shall be reclassified as authorized and unissued preferred stock, without designation as to class or series, and may thereafter be reissued as any class or series of preferred stock.

Redemption by the Corporation. (1a) Subject to paragraph 3(b)(3) of this ARTICLE FOURTH, the The Corporation shall redeem on the fifth anniversary of the Initial Issue Date (the "Redemption Date") at the Redemption Price all of the then issued and outstanding shares of Series A B Preferred Stock. If the Redemption Date is on or after a dividend record date and on or before the related Dividend Payment Date, the dividend payable shall be paid to the holder in whose name the Series B Preferred Stock is registered at the close of business on such record date. (b) No Series B Preferred Stock may be redeemed except with funds legally available for the payment of the Redemption Price. (c) In case that, on the date that is Redemption Date, the earlier of: (i) a Redemption Triggering Event, or (ii) the seventh anniversary Corporation does not have sufficient funds available to redeem all of the Issue Datethen issued and outstanding shares of Series B Preferred Stock and, accordingly, less than all shares of Series B Preferred Stock at a price per share equal the time outstanding, the shares to be redeemed shall be selected pro rata or by lot as determined by the Face Amount plus accrued but unpaid dividends thereon as of Corporation in its sole discretion. Any shares not so redeemed shall remain outstanding. (d) Notwithstanding the redemption date (subject to the remaining foregoing provisions of this paragraph 3(d)(1)5, unless the “Series A Redemption Price”). If a Redemption Triggering Event shall occur prior to December 31, 2011, then the “Face Amount” shall be deemed to be $25,000,000 and the Series A Redemption Price payable upon such Redemption Triggering Event shall equal $25,000,000 plus accrued but unpaid full cumulative dividends at a rate of 8% per annum on such amount from the Issue Date through and including the redemption date, notwithstanding anything to the contrary in the definition of “Face Amount” in paragraph 3(n) of this ARTICLE FOURTH. (2) The Corporation may redeem all then outstanding shares of Series A Preferred Stock at any time at a price per share equal to $25,000,000, payable in full in cash by wire transfer of immediately available funds, plus all accrued but unpaid dividends at a rate of 8% per annum on such amount from the Issue Date through and including the redemption date. (3) Notice of every proposed redemption of Series A B Preferred Stock shall be sent by have been paid or on behalf of the Corporation to the holders of record contemporaneously are declared and paid for all past dividend periods, none of the shares of Series A B Preferred Stock so to shall be redeemed prior to the date fixed for redemption (the “Series A Redemption Date”), which Series A Redemption Date shall be no sooner than 30 days and no later than 60 days from such notice, (i) notifying such holders of the election or obligation of the Corporation to redeem such unless all outstanding shares of Series A B Preferred Stock and of the Series A Redemption Date, are simultaneously redeemed. (iie) stating the place or places at which the All shares of Series A B Preferred Stock called for redemption shallredeemed pursuant to this paragraph 5 shall be retired and shall be restored to the status of authorized and unissued shares of preferred stock, upon presentation without designation as to series and surrender may thereafter be reissued as shares of the certificates evidencing such any series of preferred stock other than shares of Series A Preferred Stock, be redeemed, and the Series A Redemption Price therefor, and (iii) stating that unless the Corporation defaults in making the redemption payment, dividends on the Dividend Base Amount shall cease to accrue on the Series A Redemption Date. (4) If the Corporation fails to make a full payment or delivery as aforesaid on the Series A Redemption Date, then each holder of shares called for redemption shall be entitled to all preferences and relative and other rights accorded to such shares of Series A Preferred Stock under this Amended and Restated Certificate of Incorporation and/or under applicable law until and including the date when the Corporation makes full payment or delivery as aforesaid to the holders of the Series A B Preferred Stock. (5) From and after the date that the Series A Preferred Stock is redeemed and the holders of the shares of Series A Preferred Stock have received all amounts payable hereunder in cash, such redeemed and paid shares of Series A Preferred Stock shall no longer be deemed to be outstanding and all rights of the holders of such shares shall cease and terminate.

Redemption by the Corporation. (1a) Subject to paragraph 3(b)(3The Corporation may, at its option, on or after the third anniversary of the first date on which shares of the Series A Preferred Stock are issued, redeem all, but not less than all, shares of Series A Preferred Stock, upon notice as set forth in Section 6(d) at hereof at the redemption price set forth in Section 6(c) hereof any time if the average Trading Price (as defined in Section 8(n)) of this ARTICLE FOURTHthe Common Stock for the 30 consecutive Trading Days preceding the Redemption Notice Date (as defined in Section 6(d)) shall exceed an amount equal to 200% of the Conversion Price (as defined in Section 8(b)). (b) Upon the earlier of (i) Maturity or (ii) the Corporation's redemption of its Series A 9.75% Convertible Senior Pay-in-Kind Debentures due 2007 and its Series B 9.75% Convertible Senior Pay-in-Kind Debentures due 2007 (collectively, the "Debentures"), the Corporation shall redeem all then outstanding shares of Series A Preferred Stock on the date that is the earlier of: (i) a Redemption Triggering Event, or (ii) the seventh anniversary of the Issue Date, at a price per share equal to the Face Amount plus accrued but unpaid dividends thereon as of the redemption date (subject to the remaining provisions of this paragraph 3(d)(1), the “Series A Redemption Price”). If a Redemption Triggering Event shall occur prior to December 31, 2011, then the “Face Amount” shall be deemed to be $25,000,000 and the Series A Redemption Price payable upon such Redemption Triggering Event shall equal $25,000,000 plus accrued but unpaid dividends at a rate of 8% per annum on such amount from the Issue Date through and including the redemption date, notwithstanding anything to the contrary in the definition of “Face Amount” in paragraph 3(n) of this ARTICLE FOURTH. (2) The Corporation may redeem all then outstanding shares of Series A Preferred Stock at any time at a the redemption price set forth in Section 6(c) hereof. (c) The redemption price per share of the Series A Preferred Stock shall be an amount in cash equal to $25,000,000, payable in full in cash by wire transfer the Stated Value of immediately available funds, such share of Series A Preferred Stock plus all accrued but unpaid dividends at a rate thereon to the Redemption Date. The Corporation shall take all actions required or permitted under the General Corporation Law of 8% per annum on the State of Delaware (the "DGCL") to permit such amount from the Issue Date through and including the redemption date. (3) Notice of every proposed redemption of Series A Preferred Stock Stock. (d) Notice of any redemption shall be sent by or on behalf of the Corporation to the holders of record of the shares of Series A Preferred Stock so to be redeemed not less than 60 days prior to the date fixed specified for redemption in such notice (the “Series A "Redemption Date”"), which Series A Redemption Date shall be no sooner than 30 days and no later than 60 days from such noticeby first-class mail, (i) notifying such holders of the election or obligation of the Corporation postage prepaid, to redeem such shares of Series A Preferred Stock and of the Series A Redemption Date, (ii) stating the place or places at which the shares of Series A Preferred Stock called for redemption shall, upon presentation and surrender of the certificates evidencing such shares of Series A Preferred Stock, be redeemed, and the Series A Redemption Price therefor, and (iii) stating that unless the Corporation defaults in making the redemption payment, dividends on the Dividend Base Amount shall cease to accrue on the Series A Redemption Date. (4) If the Corporation fails to make a full payment or delivery as aforesaid on the Series A Redemption Date, then each holder of shares called for redemption shall be entitled to all preferences and relative and other rights accorded to such shares of Series A Preferred Stock under this Amended and Restated Certificate of Incorporation and/or under applicable law until and including the date when the Corporation makes full payment or delivery as aforesaid to the holders of the Series A Preferred Stock. (5) From and after the date that the Series A Preferred Stock is redeemed and the holders of the shares of Series A Preferred Stock have received all amounts payable hereunder in cash, such redeemed and paid shares of Series A Preferred Stock shall no longer be deemed to be outstanding and all rights of the holders of such shares shall cease and terminate.all

Redemption by the Corporation. (1a) Subject to paragraph 3(b)(3) of this ARTICLE FOURTH, the The Corporation shall be permitted to redeem for cash or immediately available funds, to the extent permitted under law and provisions of senior and subordinated debt agreements of the Corporation, at any time and from time to time, any or all then outstanding of the shares of Series A Preferred Stock on the date that is the earlier of: (i) a Redemption Triggering Event, or (ii) the seventh anniversary of the Issue Date, then outstanding at a price per share equal to the Face Amount plus accrued but unpaid dividends thereon as Redemption Price on the date of redemption for which the redemption date (subject holder of such Series A Preferred Stock has not delivered Notice of Conversion to the remaining provisions Corporation. Any redemption by the Corporation of this paragraph 3(d)(1), the “Series A Redemption Price”). If a Redemption Triggering Event shall occur prior to December 31, 2011, then the “Face Amount” shall be deemed to be $25,000,000 and the Series A Redemption Price payable upon such Redemption Triggering Event shall equal $25,000,000 plus accrued but unpaid dividends at a rate of 8% per annum on such amount from the Issue Date through and including the redemption date, notwithstanding anything to the contrary in the definition of “Face Amount” in paragraph 3(n) of this ARTICLE FOURTH. (2) The Corporation may redeem less than all then outstanding shares of Series A Preferred Stock at any time at a price per share equal to $25,000,000, payable in full in cash by wire transfer of immediately available funds, plus all accrued but unpaid dividends at a rate of 8% per annum on such amount from the Issue Date through and including the redemption date. (3) Notice of every proposed redemption of Series A Preferred Stock than outstanding shall be sent by or on behalf of the Corporation to the holders of record of the shares of Series A Preferred Stock so to be redeemed prior to the date fixed for redemption (the “Series A Redemption Date”), which Series A Redemption Date shall be no sooner than 30 days and no later than 60 days from such notice, (i) notifying such holders of the election or obligation of the Corporation to redeem such shares of Series A Preferred Stock and of the Series A Redemption Date, (ii) stating the place or places at which the shares of Series A Preferred Stock called for redemption shall, upon presentation and surrender of the certificates evidencing such shares of Series A Preferred Stock, be redeemed, and the Series A Redemption Price therefor, and (iii) stating that unless the Corporation defaults in making the redemption payment, dividends on the Dividend Base Amount shall cease to accrue on the Series A Redemption Date. (4) If the Corporation fails to make a full payment or delivery as aforesaid on the Series A Redemption Date, then each holder of shares called for redemption shall be entitled to all preferences and relative and other rights accorded to such shares of Series A Preferred Stock under this Amended and Restated Certificate of Incorporation and/or under applicable law until and including the date when the Corporation makes full payment or delivery as aforesaid to the holders of the Series A Preferred Stock. (5) From and after the date that the Series A Preferred Stock is redeemed and pro rata among the holders of the shares of Series A Preferred Stock have received based upon the number of shares held by each such holder. (b) In connection with any redemption of shares pursuant to this Section 5, the Corporation shall give at least fifteen (15) days but not more than thirty (30) days' prior written notice of such redemption (a "Redemption Notice"), by hand delivery, by registered or certified mail or nationwide overnight delivery service (with charges prepaid) or sent via telecopier (if within a reasonable period of time a permanent copy is given by any of the methods described above), to all amounts payable hereunder in cashholders of record of Series A Preferred Stock, as applicable, such redeemed notice to be addressed to each holder at its address as it appears on the stock transfer books of the Corporation and paid to specify the redemption date (the "Redemption Date") and the Redemption Price and to state that the holders must surrender the certificates for their shares of Series A Preferred Stock shall no longer on or after the Redemption Date in order to receive payment of the Redemption Price. Notwithstanding anything herein contained to the contrary, all shares of Series A Preferred Stock may be deemed converted, including shares of Series A Preferred Stock subject to be outstanding and all rights a Redemption Notice given pursuant to this Section J, during the period from the date of such Redemption Notice through the Redemption Date. Within five (5) days of delivery of such certificates subject to a Redemption Notice by the holders of the Series A Preferred Stock, the Corporation shall pay the aggregate Redemption Price in cash or immediately available funds to such shareholder for the shares of Series A Preferred Stock being redeemed. In the event the shareholders of such Series A Preferred Stock does not receive such aggregate Redemption Price within such five (5) day period, the Corporation pay interest on any unpaid amount payable at a rate of ten percent (10%) per month. From and after the Redemption Date, except as set forth below, any holder of shares of Series A Preferred Stock that has been redeemed who has not duly surrendered its Series A Preferred Stock to be redeemed shall cease to be entitled to any rights except the right to receive payment of the Redemption Price. If the Corporation shall not legally have funds available to make any such redemption provided for herein, the Corporation shall take such action as may be lawfully permitted in order to enable the Corporation, if possible, lawfully to redeem the Series A Preferred Stock. Anything herein contained to the contrary notwithstanding, in the event and to extent that the Corporation cannot or does not make or tender full payment therefor, such shares shall cease continue to be outstanding, to the extent permitted under law and terminateprovisions of senior and subordinated debt agreements of the Corporation, and entitled to all rights and benefits of the Rights until full payment is made or tendered therefor as aforesaid. Shares of Series A Preferred Stock which have been redeemed may not be reissued by the Corporation as shares of such series. (c) For purposed of this Section J, "Redemption Price" shall mean as follows:

Redemption by the Corporation. 1. Except as described in this paragraph (1D) Subject to and paragraph 3(b)(3(E) of this ARTICLE FOURTHbelow, the Corporation shall redeem all then outstanding shares of Series A I Preferred Stock on may not be redeemed prior to March 27, 2018. In addition, to ensure that the date that is Corporation remains qualified as a REIT for federal income tax purposes, the earlier of: (i) a Redemption Triggering Event, or (ii) Series I Preferred Stock shall be subject to the seventh anniversary provisions of Article NINTH of the Issue DateArticles of Incorporation and paragraph (G) below. On and after March 27, 2018, the Corporation, at its option (the “Redemption Right”), upon giving notice as provided below, may redeem shares of Series I Preferred Stock, in whole or from time to time in part, for cash, at a redemption price of $25.00 per share equal to the Face Amount share, plus all accrued and unpaid distributions on such Series I Preferred Stock to, but unpaid dividends thereon as of the redemption date (subject to the remaining provisions of this paragraph 3(d)(1)not including, the date of such redemption (the “Series A Redemption Price”). If a Redemption Triggering Event shall occur prior Each date fixed for redemption pursuant to December 31, 2011, then the “Face Amount” shall be deemed to be $25,000,000 and the Series A Redemption Price payable upon such Redemption Triggering Event shall equal $25,000,000 plus accrued but unpaid dividends at a rate of 8% per annum on such amount from the Issue Date through and including the redemption date, notwithstanding anything to the contrary in the definition of “Face Amount” in paragraph 3(nthis subparagraph (1) of this ARTICLE FOURTHparagraph (D) is called a “Redemption Date.” (2) The Corporation may redeem all then outstanding shares . In addition to any information required by law or by the applicable rules of any exchange upon which Series A I Preferred Stock at may be listed or admitted to trading, notice of any time at redemption will be given by publication in a price per share equal newspaper of general circulation in The City of New York, such publication to $25,000,000, payable in full in cash by wire transfer of immediately available funds, plus all accrued but unpaid dividends at be made once a rate of 8% per annum on such amount from the Issue Date through and including the redemption date. (3) Notice of every proposed redemption of Series A Preferred Stock shall be sent by or on behalf of the Corporation week for two successive weeks commencing not less than 30 nor more than 60 days prior to the Redemption Date. A similar notice will be mailed by the Corporation, postage prepaid, not less than 30 nor more than 60 days prior to the Redemption Date, addressed to the respective holders of record of the Series I Preferred Stock to be redeemed at their respective addressees as they appear on the share transfer records of the Corporation. No failure to give such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series I Preferred Stock except as to any holder to whom the Corporation has failed to give notice or except as to any holder to whom notice was defective. In addition to any information required by law or by the applicable rules of any exchange upon which shares of Series A I Preferred Stock so may be listed or admitted to trading, such notice shall state: (i) the Redemption Date; (ii) the Redemption Price; (iii) the number of shares of Series I Preferred Stock to be redeemed prior and, if less than all the shares of stock held by the particular holder are to be redeemed, the date fixed for redemption (the “Series A Redemption Date”), which Series A Redemption Date shall be no sooner than 30 days and no later than 60 days from such notice, (i) notifying such holders number of the election or obligation of the Corporation to redeem such shares of Series A I Preferred Stock and of the Series A Redemption Date, to be redeemed from such holder; (iiiv) stating the place or places at which where certificates for such shares, if any, are to be surrendered for payment of the Redemption Price; and (v) that distributions on the shares of Series A Preferred Stock called for redemption shall, upon presentation and surrender of the certificates evidencing such shares of Series A Preferred Stock, to be redeemed, and the Series A Redemption Price therefor, and (iii) stating that unless the Corporation defaults in making the redemption payment, dividends on the Dividend Base Amount shall redeemed will cease to accrue on the Series A Redemption Date. 3. If notice has been mailed in accordance with subparagraph (42) If of this paragraph (D), and such notice provides that on or before the Corporation fails to make a full payment or delivery as aforesaid on the Series A Redemption Date, then each holder of shares called Date specified therein all funds necessary for such redemption shall be entitled to all preferences have been set aside by the Corporation, separate and relative and apart from its other rights accorded to such shares funds in trust for the pro rata benefit of Series A Preferred Stock under this Amended and Restated Certificate of Incorporation and/or under applicable law until and including the date when the Corporation makes full payment or delivery as aforesaid to the holders of the Series A Preferred Stock. (5) From and after the date that the Series A Preferred Stock is redeemed and the holders of the shares of so called for redemption, so as to be, and to continue to be available therefor, then, from and after the Redemption Date, distributions on the Series A I Preferred Stock have received all amounts payable hereunder in cashso called for redemption shall cease to accrue, such redeemed and paid said shares of Series A Preferred Stock shall no longer be deemed to be outstanding and shall not have the status of Series I Preferred Stock, and all rights of the holders thereof as shareholders of the Corporation (except the right to receive from the Corporation the Redemption Price) shall cease. Upon surrender, in accordance with said notice, of the certificates for any shares so redeemed (properly endorsed or assigned for transfer, if the Corporation shall so require and the notice shall so state), such stock shall be redeemed by the Corporation at the Redemption Price. In case fewer than all the shares evidenced by any such certificate are redeemed, a new certificate or certificates shall be issued evidencing the unredeemed shares without cost to the holder thereof. In the event that the shares of Series I Preferred Stock to be redeemed are uncertificated, such shares shall be redeemed in accordance with the notice and the applicable procedures of any depository and no further action on the part of the holders of such stock shall be required. 4. In case of redemption of less than all of the shares of Series I Preferred Stock at the time outstanding, the shares to be redeemed shall be selected by the Corporation pro rata from the holders of record of such shares in proportion to the number of shares held by such holders (with adjustments to avoid redemption of fractional shares), by lot or by any other equitable method determined by the Board of Directors. In order to facilitate the redemption of Series I Preferred Stock, the Board of Directors may fix a record date for the determination of the stock to be redeemed, such record date to be not less than 30 nor more than 60 days prior to the date fixed for such redemption. 5. Unless full cumulative distributions on all Series I Preferred Stock shall cease have been or contemporaneously are authorized and terminatepaid or authorized and a sum sufficient for the payment thereof set apart for payment for all past Distribution Periods and the then current Distribution Period, no Series I Preferred Stock shall be redeemed unless all outstanding shares of Series I Preferred Stock are simultaneously redeemed, and the Corporation shall not purchase or otherwise acquire directly or indirectly any Series I Preferred Stock except by (i) conversion into or exchange for other Junior Stock, or (ii) a purchase of Series I Excess Preferred Stock relating to the Corporation’s continuing qualification as a REIT (or substantially similar provisions relating to other stock of the Corporation’s capital stock) or otherwise to ensure the Corporation’s continued REIT status; provided, however, that the foregoing shall not prevent the purchase or acquisition of Series I Preferred Stock pursuant to a purchase or exchange offer made on the same terms to holders of all outstanding shares of Series I Preferred Stock, provided further, however, that the foregoing shall not prevent the purchase or acquisition of Series I Preferred Stock pursuant to Article NINTH of the Articles of Incorporation and paragraph (H) below. 6. Notwithstanding anything in paragraphs (D), (E) and (H) herein or otherwise, subject to applicable law and the limitation on purchases when distributions on the Series I Preferred Stock are in arrears, the Corporation may, at any time and from time to time, purchase Series I Preferred Stock in the open market, by tender or by private agreement. 7. Any funds deposited with a bank or trust company for the purpose of redeeming shares of Series I Preferred Stock shall be irrevocable except that: a. the Corporation shall be entitled to receive from such bank or trust company the interest or other earnings, if any, earned on any money so deposited in trust, and the holders of any shares redeemed shall have no claim to such interest or other earnings; and b. any balance of monies so deposited by the Corporation and unclaimed by the holders of shares of Series I Preferred Stock entitled thereto at the expiration of two years from the applicable Redemption Date shall be repaid, together with any interest or other earnings earned thereon, to the Corporation, and after any such repayment, the holders of the shares entitled to the funds so repaid to the Corporation shall look only to the Corporation for payment without interest or other earnings. 8. No shares of Series I Preferred Stock may be redeemed except with assets legally available for the payment of the Redemption Price. 9. All shares of Series I Preferred Stock redeemed pursuant to this paragraph (D) shall be retired and shall be reclassified as authorized and unissued preferred stock, without designation as to class or series, and may thereafter be reissued as any class or series of preferred stock.